Roles and functions of Parliament

Westminster Model constitutions around the world have a lot to say about Parliament. Typically, the constitution will prescribe the composition of Parliament, the manner in which members are chosen, qualifications and disqualifications for being a member, their terms of office, the circumstances under which a member can be removed, the procedure for the resignation of members, the election and removal of the Speaker, the privileges of Parliament and of its members, rules concerning adoption of standing orders, the quorum, remuneration of members, summoning and sessions of Parliament, rules for dissolution and the timing of elections, the procedure for the enactment of legislation, and much else. Where there are two Houses, some of this will be covered in duplicate, and the relationship between the Houses laid out.

Before proceeding to consider those specific design choices, it might be helpful to make some introductory remarks on the functions that a Parliament is expected to perform in a Westminster Model democracy. Synthesizing several classic authorities on this subject, including Walter Bagehot's The English Constitution, John Stuart Mill's On Representative Government and Sir Ivor Jennings’ Parliament, seven main functions can be identified: (1) selecting, sustaining and removing governments; (2) legislation; (3) influencing and restraining governments in policy making; (4) representing the people; (5) ensuring public accountability; (6) being a discursive forum for the formation and education of public opinion; and (7) enhancing the legitimacy of government.

Parliament in a Westminster Model democracy does not actively govern, but it does make and break governments. In so doing, Parliament determines what general direction of policy can be pursued. Policy making is directed by the Cabinet and takes place through individual ministries and Cabinet committees, but Parliament determines – through its votes of confidence and no confidence – who shall have the authority to make those decisions, and the conditions on which they shall do so. This, as Bagehot identified, is the first function of Parliament in a parliamentary democracy. Parliament (specifically the House of Commons) is like a permanent electoral college, which can not only ‘choose’ a Prime Minister, but also remove a Prime Minister from office – or at least force a general election and let the people decide.