SBC1 - SEPARATION OF POWERS IN SMALL STATES
Left: Hon. Randolph Horton, JP, MP, Bermuda; Right: Hon. Heidi J.R. Soulsby, Guernsey
of government in December 2003. The purpose of good governance is the progressive wellbeing of people, and when talking of the separation of powers good governance can not be compromised.
The critical areas in the
relationship between the different branches are:
• Judiciary and Executive: These two branches should be governed by cooperative governance and should be fulfilling itsconstitu- tional mandate in a complimentary and constructive manner. • Judiciary andParliament: The primary responsibility of Parlia- ment and the Judiciary is governed by respect for Parliament’s primary
responsibility i.e. law-making, whereas the primary responsibility of the Judiciary is the interpretation and application of law.
Conflict manifests when branches do not understand or implement their or other’s primary function. The appointment of judges in small states is important and Parliaments has to enact legislation that protects the tenures of judges appointed on contract.
Thediscussion
During the discussion Hon. Kerry McCarthy, MP, United Kingdom, suggested that small states move from parliamentary democracy to constitutional sovereignty so that the powers that consolidate
314 | The Parliamentarian | 2013: Issue Four
good governance are not fused. The mandates of three branches are subject to the constitution and their defined mandate. She added that each power is independent to perform the responsibilities assigned by either the National or Provincial government. In Parliament, the role of committees has been acutely demonstrated because they provide oversight to departments responsible for public funds. Financial statements should be handed over to the Auditor- General’s office regularly to track spending, as this determines whether departments are in a position to manage public funds as opposed to financial mismanagement which is prevalent among Commonwealth developing nations.
Mr Tom Duncan, ACT, noted that small states could achieve good governance under good Parliaments and this encouraged robust debate on pertinent issues affecting the people. Citizens are directly engaged to articulate societal hurdles and economic issues that matter the most. One conceded that this ensures that promises made by Parliamentarians during manifestos are projected adequately and effectively. In addition, Commonwealth Parliaments have to encourage public participation in respect of petitions. With this in mind, Parliaments are urged to provide enough space for Civil Society Organizations to play a part in addressing concerning issues in Small States. These organizations
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