Standing orders and parliamentary democracy

Abstract

The main purpose of this thesis is that of shedding light on the Standing Orders and Parliamentary Democracy. Chapter 1 deals with an Introduction of the thesis: the main objectives and the question at heart. It further highlights the method used for research in order to accomplish the primary objective. This chapter gives a definition of Parliamentary democracy for the purposes of this thesis. Chapter 2 defines what Parliament is and provides an overview of its most important functions. In the second part of this chapter the author gives a review of sources of parliamentary procedure and an in-depth review of the history of the Maltese Parliament and Standing Orders from 1921 up to 2013, with an insight of the political atmosphere of that period. Chapter 3 presents an in-depth legal examination of selected standing orders such as those dealing with: question time, rules of debate, adjournment motion on definite matters of urgent public importance inter alia. This examination is accompanied by an analysis of their effects on parliamentary democracy. The second part of this chapter highlights the functions and importance of the party Whips, Opposition Leader, Office of the Speaker and Leader of the House. In addition, explaining the roles of two important Standing Committees: HBC and PAC. Chapter 4 deals with a practical analysis of the standing orders discussed in chapter 3. The aim of this chapter is to examine how the Standing Orders are being applied in practice and how this practice effects parliamentary democracy. With particular reference to parliamentary debates, motions, 5 minutes and Speaker's rulings between 1988 and 2013. In the process the author pinpoints revision of the said rules. Chapter 5 discusses author's recommendations in relation to the present Standing Orders. In the second part the chapter deals with other desired revisions such as Parliament autonomy inter alia Chapter 6 gives an overview of the essential thesis discussion and a final plea for an overhaul of the present Standing Orders.