Assessing The Role Of The Legislature In A Democracy

Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.

To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.

There is growing recognition of the need for new approaches to the ways in which donors support accountability, but no broad agreement on what changed practice looks like. This publication aims to provide more clarity on the emerging practice.

Democracy means rule by the people, but in practice even the most robust democracies delegate most rule making to a political class The gap between the public and its representatives might seem unbridgeable in the modern world, but Legislature by Lot examines an inspiring solution: a legislature chosen through “sortition”—the random selection of lay citizens. It’s a concept that has come to the attention of democratic reformers across the globe. Proposals for such bodies are being debated in Australia, Belgium, Iceland, the United Kingdom, and many other countries. Sortition promises to reduce corruption and create a truly representative legislature in one fell swoop. In Legislature by Lot, John Gastil and Erik Olin Wright make the case for pairing a sortition body with an elected chamber within a bicameral legislature. Gastil is a leading deliberative democracy scholar, and Wright a distinguished sociologist and editor of the Real Utopias series, of which this is a part. In this volume, they bring together critics and advocates of sortition who have studied ancient Athens, deliberative polling, political theory, social movements, and civic innovation. Without obscuring its limitations, the contributors offer a wide variety of ideas for how to implement sortition and examine its potential for reshaping modern politics. Legislature by Lot includes sixteen essays that respond to Gastil and Wright’s detailed proposal. Essays comparing sortition to contemporary reforms see it as a dramatic extension of deliberative “minipublics,” which gather random samples of citizens to weigh public policy dilemmas without being empowered to enact legislation. Another set of essays explores the democratic principles underlying sortition and elections and considers, for example, how a sortition body holds itself accountable to a public that did not elect it. The third set of essays considers alternative paths to democratic reform, which limit the powers of a sortition chamber or more quickly establish a pure sortition body. With contributions by Arash Abizadeh, Tom Arnold, Terrill Bouricius, Deven Burks, Lyn Carson, Dimitri Courant, Donatella della Porta, David M. Farrell, Andrea Felicetti, James S. Fishkin, Brett Hennig, Vincent Jacquet, Raphaël Kies, Tom Malleson, Jane Mansbridge, Christoph Niessen, David Owen, John Pitseys, Min Reuchamps, Yves Sintomer, Graham Smith, Jane Suiter, and Pierre-Étienne Vandamme.