The Functions and Purposes of Parliament

• Author: Steven Chaplin
• Pages: 39-70

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The Functions and Purposes

of Parliament

The Central Role of Parliament

Parliament is the focal point for the entire democratic, political, gov-

ernmental, and legal structure of Canada. It provides the democratic

legitimacy to government. It grants authority to the government to

act and has the responsibility to hold the government to account for

the exercise of that authority. It is the only body that can levy taxes

and authorize the spending of public funds. It has exclusive author-

ity to make laws. If courts provide interpretations on the application

of laws not acceptable to Parliament, Parliament can recalibrate the

laws to its liking. It is the only body that has the power to remove

judges from the bench. It carries out these functions in a repre-

sentative capacity for the citizens of Canada, and it is ultimately

accountable to the electorate for its actions and decisions.

Parliament is composed of the Queen, as represented by the

Governor General, the Senate, and the House of Commons. It is

only when all three work together that Parliament can be said to

act. No single component, nor two acting together, has the capacity

to claim to act as Parliament. When Parliament meets together, the

Queen represents the state and all of its authority, the Senate repre-

sents provincial and regional interests, and the House of Commons

CANADA'S PARLIAMENT: A PRIMER

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represents individual Canadians. As Canada has matured as a dem-

ocracy the relationship between these three components has changed.

e Governor General, as representative of the Queen, plays less of a

direct role; however, they retain particular roles in the formation of

government and remain a constant reminder of the importance of

constitutional continuity regardless of the political conf‌iguration of

the government of the day. e Senate, with senators appointed until

age , is no longer seen as representative of the provinces, as prov-

inces have evolved and developed their own direct relationship with

the federal government. e Senate, however, continues to provide

continuity within the Houses of Parliament, providing stability and

consideration of legislation from a more detached perspective. e

House of Commons, composed of members who are directly elected,

has continued to evolve as the pre-eminent House as democratic

principles and rights have gained prominence. As a result, that

House is the body that is most connected to the government of the

day, responsible for considering and acting on the policy mandate

of the electorate, and in turn is accountable to the electorate for the

decisions taken by Parliament. is heightened role has led to a

greater centralization of power in the prime minister and Cabinet,

because they enjoy the conf‌idence of the House.

Legitimacy

Parliament gives legitimacy to both laws and those charged with

administering them. e House of Commons is composed of mem-

bers elected by universal surage. is provides democratic legitim-

acy and consent for the enactment of legislation, the imposition of

taxes, and approval of spending. Implicit in the election of a Mem-

ber of Parliament is that those who elect them will abide by the laws

enacted, and pay taxes as lawfully imposed. Members collectively

are also responsible for determining who will be prime minister,

and for continually holding the prime minister and the govern-

ment to account for administering legislation, taxation, spending,

and programs approved by Parliament. is responsibility provides

The Functions and Purposes of Parliament

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the legitimacy for the various ministers to carry out the functions

assigned to them by legislation, and to act on behalf of all Can-

adians. At the same time, those with whom the government inter-

acts know that the authority of the government is backed up by

the support and conf‌idence of the House of Commons, the elected

manifestation of the Canadian public.

Members of Parliament are directly accountable to those who

elect them. As a result, they are eectively a conduit between Par-

liament and the public. ey bring concerns of their constituents to

the government and Parliament. ey also communicate the work

of Parliament to their constituents. Even though these communi-

cations are often f‌lavoured by partisanship, the communication

still takes place. When legislation or taxation is proposed, mem-

bers will communicate the proposals to their constituents. rough

this communication constituents voice their concerns, show their

support, and make suggestions. Members can then express these

concerns in parliamentary discourse. e sum of these interactions

across the country provides members with the capacity to under-

stand and act on a broad basis of national interest. Once a bill

becomes legislation, members are also engaged in communicating

the result to constituents, and explaining how the various interests

were addressed within the legislative process. is continuous dia-

logue also adds legitimacy to, and implicit buy-in for, the outcomes

of the parliamentary process.

e Senate also plays a role in providing legitimacy, particu-

larly regarding legislation. As a body that reviews bills received as

passed in the House of Commons, the Senate provides a second set

of eyes and considerations in the legislating process. It can arm,

modify, and improve proposed legislation. Senators do not need to

fear losing their seats in an election. As a result, the Senate also

acts as a check on the political excesses of the House of Commons,

or government, which may have acted in haste or as a result of

political pressures, and thereby overlooked potential harm to those

aected by the proposed law. Senators generally enjoy a greater lux-

ury of time to study bills and seek to have the government and the