Comparative Constitutionalism and Good Governance in the Commonwealth Book contents
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
7 - Making legislatures effective
Published online by Cambridge University Press: 23 June 2009
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
Summary
The return of multi-party democracy to ESA states has renewed interest in the role of parliaments and parliamentarians. As discussed in chapter 5, the executive's right to govern derives from the legislature and, as Fall puts it, legislatures are:
One of the crucial elements in a democratic society and essential in ensuring the rule of law and protection of human rights. In fact, in their daily work of transforming the will of the people into law and in controlling the executive and public administration, parliaments and parliamentarians are often the unsung heroes of human rights.
Executive dominance of the legislature means that others are less sanguine and regard them as largely ‘rubber-stamp’ bodies. Some have even questioned the competency of members themselves. As a former Speaker of the House of Assembly in Zimbabwe once reportedly put it:
I do no think the calibre of members is very good; that is why parliament is meaningless … I wonder if some MPs read newspapers and books or even discuss with friends before coming to parliament.
Such critical views probably represent the majority of opinion. Yet good governance requires that legislatures function effectively and this chapter explores some ways in which Fall's view might yet be achieved.
Membership of the legislature
The calibre and make-up of parliament is key to developing an effective legislature. There are some standard, and largely uncontroversial, grounds relating to disqualification from membership.
- Type
- Chapter
- Information
- Comparative Constitutionalism and Good Governance in the CommonwealthAn Eastern and Southern African Perspective, pp. 123 - 149Publisher: Cambridge University PressPrint publication year: 2004