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Parliamentary
democracy as we understand it today is based upon the
consent of the governed. Sovereignty resides in the
people and it is they who decide who shall occupy the
seats of power. It is in the light of this basic
constitutional principle that we have to consider the
structure of the Canadian Parliament.
Parliament consists of the Queen,
represented by the Governor-General, the Senate and the
House of Commons. The Governor-General summons
Parliament, brings its sessions to an end by
prorogation, and formally assents to every bill before
it can become law. In practice he exercises all these
powers on the advice of the Prime Minster and the
Cabinet. The
passage of legislation depends on the participation of
all three component parts of Parliament. A bill must be
agreed to by both Houses and receive the Royal Assent
before it can become an Act of Parliament. The powers of
the Senate and the House of Commons are constitutionally
equal except that financial legislation may not be
introduced in the Senate.
All Senators are appointed by the
Governor-General on the advice of the Prime Minister.
Until 1965 they were appointed for life, but Senators
appointed since 1965 must retire at the age of 75.
The house of Commons is directly elected
by the people, and although constitutionally the Senate
is the upper House and the House of Commons is the lower
House, it is the House of Commons which plays the
predominant part in the Parliamentary system.
The Parliament of Canada came into being
at a time when Parliamentary supremacy over the crown ad
become established but before modern concepts of
democracy based upon universal suffrage had been totally
accepted. This explains why the appointed Senate was
accorded powers almost equal to those of the popularly
elected chamber.
English and French, the official
languages of Canada, enjoy equal status in both Houses
of Parliament. Senators and Members of Parliament are
free to deliver their speeches in the language of their
choice. In both Houses facilities exist for the
simultaneous interpretation of speeches during the
course of debate. |
