Introduction to Political Science Dr.

Mamdouh MANSOUR

Lecture 5

Government (3)

Principles of Political Organization in Liberal Democracies

(Continued) :

2) Representation

Liberal Democracies are usually described as “representative”.

Generally speaking, a “representative government” is a government in which
the main political decisions are taken by elected representatives, irrespective
of whether the body they form is a Parliament or a President. Regarding the
powers or competences of representatives, liberal democracies have adopted
a theory of representation known as “Independence Theory, “which is
formulated according to the ideas of the English philosopher John Locke
about “National Sovereignty”. This theory which revolves around the nature
of relationship between representatives (members of parliaments) and their
constituents (electors or citizens), states that representatives should act
independently of constituents wishes during their terms of representation.

Accordingly, representative governments have the following

attributes:

1) The members of the representative body (usually known as the Parliament

or National Assembly) must be democratically elected by the people in fairly

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conducted elections, since sovereignty resides in the “Nation” and belongs

to it.

2) The member of parliament (or the deputy) must be considered as

a representative of the whole nation , not as merely a delegate of his
constituents in a specific constituency.

3) The member of parliament (the deputy) must be independent of any

binding mandate towards his constituents, because he enjoys the trust of the
whole nation by virtue of elections, and thus he is not directly answerable to
his constituents , because he is not representing them, but he is representing
the general interests of the whole nation, and not the particular interests of a
certain group. The “deputy” is answerable only to the whole nation, and
cannot, therefore, be dismissed from his office before the end of his term.

4) The members of parliament must be elected for a limited period of time (a

term), usually around 5 years, in order to enable the nation to exert its right
of control over the representatives every now and then through the elections.

5) The parliament must have real or tangible competences, powers and

authority. Consultative councils are not considered representative council,
even if their members were elected by the people. The representative council
must be in charge of the main political functions of the State (legislative and
executive functions) , or at least the legislative function.

Representation & Assemblies :

The principle of Representation as one of the main principles of

political organization in liberal societies led to what is called representative

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Government or Representative Democracy, which is representing the

contemporary form of Democracy.

The Idea of Representation is translated in reality through the election

of representative assemblies (Parliaments)(*) that represent the Nation which
is considered sovereign (idea of National Sovereignty), as well as the source
of all authorities.

This representative council is usually holding the legislative powers

and competences, thus usually known as the Legislative Council, since its
primary function is law-making or the enactment of laws. The term
Parliament is derived from the French verb “parler” meaning to speak.

Although some Parliaments may still play an important role as

legislative bodies and in the public policymaking process, it is widely
alleged that the twentieth century witnessed a progressive weakening of
parliamentary power in the form of decline of assemblies. Many
contemporary assemblies have been reduced to mere “talking shops” that do
little more than rubber-stamp decisions that have been formulated elsewhere,
whether in the executive branch or in the ruling political party(1).

Functions of Assemblies:

Although the role of the parliament differs from one State to another ,
and from system to system, it always fulfils a complex of functions. The
principal functions of assemblies are:

(*) Legislative council or parliaments may have different names in different countries .
(1) Andrew Heywood; Politics (Palgrave Foundations, Macmillan, New York, 2007), p.
335-336.
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(1) Legislation (law-making).

(2) Representation.
(3) Supervision (Oversight).
(4) Financial.
(5) Electoral.
(6) Judicial.

Firstly: Legislation (Law-Making):

Legislation is often seen as the key function of assemblies, usually

known as legislative assemblies. The main function of legislature is to make
(or enact ) laws or to amend (or replace) old laws. In most modern political
systems, laws are introduced in the form of a bill (draft of law) by a minister
or a member of parliament. Then the parliament debates (discusses) the bill
,which goes through several readings and committees before becoming a
law. The final authority of making laws lies in the hands of parliaments.
Although legislatures pass laws, a few of them originate laws, which usually
originate in executive departments and agencies, and then sent to
parliaments which may alter it somewhat. In parliamentary systems, where
one party controls both the executive and the legislature, the Cabinet usually
gets what it wants.

Secondly: Representation

Assemblies play an important representative role in providing a link

between government and the people.

The parliament members are a means of channeling the demands and

interests of the people to the government , and providing information and
explanation from the government to the citizens. Being the source of all
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authorities, and due to the impossible application of direct democracy, the

Nation has to be represented through its representatives, the members of the
parliament.

Thirdly: Supervision (Oversight)

The gradual increase in the power of the executive has led the
legislature to extend its authority of checking and supervising the executive
branch of government. The Parliament has the power to monitor the
activities of the government to make sure that the law is implemented
correctly and effectively. The parliament can raise embarrassing questions to
the members of the Cabinet, and if the members of the Cabinet fail to answer
satisfactorily it can cost the ruling party the next election. The opposition in
the parliament can embarrass, delay or even change government sponsored
bills.

Most assemblies have developed institutional mechanisms designed to

scrutinize and check the executive branch of the government. Parliaments
usually subject ministers, to regular questioning, the classic example being
the “Question Time” in the U.K House of Commons. Other mechanisms are
also used such as “interpellations” a process of oral questioning followed by
a vote to establish the confidence of the assembly in the Cabinet. However,
assemblies are not always effective in calling executives to account. Party
discipline constrains parliamentary scrutiny; besides, control by
a monopolistic party has turned the assembly into a mere propaganda
weapon, with government policy nearly always being approved by
unanimous votes. The job of scrutiny thus passes to the opposition parties,

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which, as long as the ruling party retains majority control, have no power to
remove its government.

Fourthly: Financial:

The assemblies also perform certain financial functions. It is well

recognized today, in all countries that no taxes should be imposed or
governmental expenditures authorized without the approval of the
representatives of the Nation. The Theory of “no taxation without
representation” recognizes the competence of the parliament in raising
revenues and granting expenditures. The principal financial role of a
legislature is the examination and authorization of the Budget. The Audit-
General who is usually an employee of Parliament conducts audits of
governmental expenses, in order to ensure that money is spent faithfully.
Parliaments, thus, are effective agents in fighting corruption.

Fifthly: Electoral:

In some countries, legislature acts as an electoral college to elect the

top of the executive, i.e., the Head of State. In India, the houses of the
parliament elect the president. The Swiss legislature elects not only the
Executive Council (Cabinet) but also the judges of the Supreme Court.

Sixthly: Judicial:

The legislature in many countries performs certain judicial functions.

In Britain, the House of Lords is the highest court of Appeal. Judges can be
removed only by a joint address of both Houses of Parliament to the Crown.
The Senate in the US Congress sits as a court of impeachment for the trial of
the President or the Vice-President. In some countries, the legislature plays
the most important role in making or amending the Constitution.
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Structure of Assemblies:

The composition of parliaments differs from one country to another.

Members of legislatures may be elected, appointed or even selected by
inheritance, or by a combination of these methods. When parliament
members are elected, this may be on the basis of population (in the form of
equal-sized constituencies), or through regions or States. The Franchise (or
Suffrage) may be universal or restricted, and various electoral systems may
be adopted. The size of assembly membership also varies considerably.
However, the principal structural difference between assemblies is whether
they are composed of the one chamber (or Unicameralism) , or two
chambers (or Bicameralism ). Nearly two thirds of the world’s legislatures
today are unicameral, since the composition of the Parliament of one
chamber is more reflecting the unity of the nation, and since the parliament
is representing the will of the people, and the people cannot have two
different wills on the same subject. However, many parliaments are
composed of two chambers. Bicameralism could be due to various reasons
or considerations, such as:

1) Historical Considerations:

That led to the composition of the British Parliament of two

chambers: The House of Lords , and the House of Commons, which is due
to social considerations , as well as to historical developments in British
constitutional History.

(2) Technical Considerations:

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Which could be due to the federal nature of the State, such as US

congress which is composed of two chambers: a “house of representatives”
that represents the unity of the American nation, and a “Senate” that
represents the member States in the Federal Union. Second chambers in
some nonfederal States are also adopted to resolve regional differences. In
France, most members of the second chamber (The Senate) are elected
indirectly via local government entities. The existence of a second chamber
can widen the basis of representation of different interests, and ensure that
legislation is more thoroughly scrutinized, besides strengthening checks and
balances within assemblies. Most second chambers are constitutionally and
politically subordinate to first chambers, which are usually seen as the focus
of national sovereignty.

One of the greatest drawbacks of Bicameralism is legislative

fragmentation , or the possibility of conflict between the two chambers,
especially when the houses have broadly equal powers. In such a case, a
device is needed to resolve differences and prevent institutional deadlocks.
The most common mechanism is that used in the US Congress, in which a
special joint congressional committee, composed of senior figures from both
chambers, is authorized to reach a compromise agreement.

In Conclusion, both the unicameral and bicameral legislatures have

merits and demerits. There are no hard or simple rules to explain the
rationale for choosing or preferring one system on the other. It depends on
the needs, goals and ability of the political system, as well as the existence
of certain considerations that may necessitate the adoption of bicameralism .