Thesis (M.Phil.)--University of Waikato, 2007. / Includes bibliographical references (leaves [214]-222) Also available via the World Wide Web.

D.Litt. et Phil. / Shûrâ (consultation) as prescribed conduct is found in the Qur'ân (3:159, 42:36-38, 2:33). The Sunnah also refers to several occasions where the Prophet (S.A.W.) sought the advice of his companions. In his own life the principle was thus put to practice. The same custom was also, in varying degrees, part of Islâmic governance during the period of the rightly guided caliphs and in the subsequent Umayyad and Abbasid eras. Seen from a political perspective, the question researched in the thesis is what guidelines tradition provides for conducting shûrâ in its institutionalised or political form, namely majlis (gathering). A scrutiny of history showed that in the Prophetic epoch the consultative setting varied considerably and the advice of both the minority and the majority was accepted. A kernel group can, however, be discerned with whom the Prophet consulted regularly. Members of this majlis also played a role in the election of three of the rightly guided caliphs. However, in their time, due to the considerable expansion of the Islâmic Empire, several structures came into being, which competed with the existing majlis. In the subsequent Umayyad and Abbasid era, bureaucratic organisations seemingly completely overshadowed the consultative assembly. Due to the hereditary succession, the majlis, for example, played very little, if any, role in the appointment of the caliphs. Endeavours to rule according to the Sharî`ah was however a constant factor at all times. Deriving principles from history is difficult, particularly the modern world where Western political institutions and procedures have become established even in Muslim states. The question is whether the Western heritage should be accepted or Islamised. An obvious choice is the last-mentioned one. For the purpose of the thesis majlis is thus related to Parliament and ijmâ` to majority rule. The role of President and Prime Minister is correlated with that of the traditional Amîr. For all the procedures, institutions and functions, however, an attempt is made towards an Islâmic adaptation. For this purpose a study is first of all made of Saudi Arabia (Sunnite) and Iran (Shi`ite). Both have, as one of their governing institutions, a Majlis al-Shûrâ. In Saudi Arabia it is appointed by the king, in Iran it is elected by popular vote but remains under constant scrutiny of the Guardian Council. Although both the said systems of government are exemplary in many aspects, an alternative version is suggested in the thesis in order to overcome some shortcomings in the two systems. In describing the alternative system, attention is paid to questions such as the relationship of the people, the majlis and the amîr (leader). It is argued that the majlis should be chosen through general elections and that they, in turn, should elect the amîr. The principle of majority rule is thus accepted, but with a strong accent upon the requirement of moral and religious values and striving towards consensus in decisions. Arbitration is suggested in the case of disagreement between the amîr and the people, or a referendum in which case the people are directly consulted. A separate majlis for men and women respectively is suggested (without denying alternatives). The study, however, accepts the fluidity of any idealised majlis or proposed governmental structure. Principles precede and supersede practice. What remains are the challenges toward Islâmic governance, to work towards furthering of Dîn (religion) and the benefit of the people through insistence upon adherence to the Sharî`ah. At the same time it should be remembered that governance is a combined effort where the amîr has the right to a final decision, but also the obligation to rule through consultation. The thesis of this study is therefore that: - Modern democratic institutions are, with the necessary Islamic orientations, legitimate expressions of shûrâ in its institutionalised form, - The parliamentary systems in modern Islâmic states may be regarded as heirs of the majlis in early Islâmic history The above contentions do not mean that political dimension of shûrâ supersedes all others. It is only one of the forms in which shûrâ is put into practice. It does not agree with the view that the principle of shûrâ was revitalised in modern times to provide an Islâmic orientation for majority or parliamentary rule. Neither does it accept the contention that shûrâ (formally Majlis al-Shûrâ) was adhered to only in the initial period and naîâh later.

The aim of this study was to gain an understanding of the legislative process in the South African Parliament, especially the processing of bills. The study was confined to bills processed by the Portfolio Committee on Trade and Industry which is within, and what is known as the Economic Cluster of portfolio committees of Parliament. The main problem was to determine whether the Parliament of the Republic of South Africa is efficiently and effectively managing the processing of the bills tabled before it. A sub-problem was to determine how it can be assured that the bills passed by Parliament are of the highest standard. A second sub-problem was to try to find a balance between private bills and those introduced by the various ministries. A third sub-problem was to determine the influence of the lobby groups have on the rocessing and passing of bills in the Parliament of the Republic of South Africa. The research methodology includes a literature review, a questionnaire survey, face-to-face interviews with parliament management and a comparative study. After analysing the data collected, conclusions were drawn and recommendations made. Although the research was not comprehensive, the results should assist the Parliament of the Republic of South Africa to improve the processing of bills, thereby improving the legislative process.

Includes bibliography. / South Africa's negotiated parliamentary system is a hybrid of political institutions based upon different models of democracy. Theoretically, there are two broad models from which South Africa's system draws its characteristics: consociational democracy, and majoritarian democracy. Both models of democracy bestow certain characteristics on the South African system which affect how opposition politics operate within the system. Concern has been raised about the ability of opposition politics to function in, and contribute to, the operation of the South African Parliament. The many consociational characteristics of the South African system may have created opposition structures which are emaciated of their duties, rights and responsibilities. This concern prompted an investigation into the operation of the opposition structures of the South African Parliament. The basis of the neo-Institutional analysis is the premise that the behaviour of actors within a system (in this case, Members of Parliament within Parliament) is shaped by the rules and structure of that system. As such, the opposition behaviour of parties and individuals in the South African Parliament is shaped by the rules and structure of Parliament. This paper first presents the theoretical considerations of a neo-Institutionalist examination. The theory is explored by examining the literature of rational choice theorists as well as Historical Institutionalists. Secondly, an examination is conducted of the different models of democracy-and the attributes which each contribute to the South African system. Within this section, the concept of opposition is developed. The analysis of the South African Parliamentary institutions of opposition is conducted by examining the two basic documents which proscribe the rules of procedure for the institutions of Parliament: the Constitution of the Republic of South Africa and the Standing Rules of the National Assembly. The theoretical expectations of behaviour are checked against the empirical reality of Parliamentary behaviour. This study examines data collected from the Debates of the National Assembly (Hansard) regarding individual and party participation in debate, questions and interpellations, committees, and Cabinet. The data support the contention of the analysis that whether it is by virtue of the consociational nature of Cabinet, or the over-representation of smaller parties in National Assembly debate, opposition politics are an important part of the Parliamentary process in South Africa.

This thesis examines the political role of the three estates in the Scottish parliament and general council between 1424 and 1488. Previous histories of the Scottish parliament have judged it to be weak and constitutionally defective. By placing each meeting of the estates within the context of political events, examining the frequency of meetings, identifying previously unknown parliaments, and studying those who attended and sat on its committees, a more detailed picture of parliament's role and influence has been created. A broadly chronological approach has been used in order to place parliaments in the context of the time in which they sat. Chapters 1 and 2 examine parliament between the return of James I from England in 1424 and 1435 and show the opposition he faced regarding taxation and the developing noble and clerical resentment to attempts to extend royal authority in the secular and ecclesiastical spheres. Chapters 3 and 4 discuss the crisis in parliament and general council between 1436 and James I's death, its role in the establishment of a new minority government, and the interaction between the Crichton, Livingston and Douglas families between 1437 and 1449. Chapter 5 examines James II's use of parliament as a tool against the Black Douglases between 1450 and 1455, while Chapter 6 shows parliament's ability to exert influence over royal lands and possessions and to criticise royal behaviour from 1455 to 1460. Chapter 7 shows the role of factions in parliament in the minority of James III, and their ability to undermine the government. Chapters 8, 9 and 10 discuss the campaign of criticism against James III in the 1470s, the parliamentary crisis that faced him in 1479-82, and the greater royal control exerted in the 1480s. Chapter 11 examines the lords of the articles between 1424 and 1485 and concludes that the committee was not, as has formerly been suggested, a royal board of control. In conclusion the Scottish parliament is judged to have played a leading role in political affairs, providing a forum in which the estates were able to criticise, oppose and defeat the crown over a broad range of issues.

Le temps constitue un enjeu essentiel pour le Parlement et se trouve généralement étudié dans une perspective très politique. Il serait ainsi au cœur de l’affrontement entre les membres des assemblées parlementaires, dont la motivation serait de prolonger la procédure, et les membres du Gouvernement, qui tenteraient au contraire de l’écourter. Si un tel constat apparait pertinent au regard de la réalité sociopolitique du Parlement, celui-ci relève toutefois essentiellement de l’étude des stratégies partisanes et non de celle des règles parlementaires.Or, le grand nombre de normes consacrées au temps parlementaire, issues des textes constitutionnels et des règlements des assemblées, témoigne de son importance au cours de la procédure législative. En conséquence, la présente recherche se propose de mener une analyse strictement juridique de l’encadrement temporel de la procédure législative dans les parlements allemands, britanniques, espagnols et français.Le recours à la méthode comparative permet de distinguer deux types de normes relatives au temps parlementaire. Des normes impératives qui imposent aux parlementaires et aux ministres d’intervenir dans des délais précisément déterminés et des normes dispositives qui les habilitent à agir sur la durée de la procédure législative. Dès lors, cette classification juridique permet de comprendre que, en dépit des apparences, les règles temporelles sont pour la plupart très précisément déterminées et que même si certaines d’entre elles ne sont pas toujours respectées, il est essentiel de partir de leur analyse pour reconsidérer la pratique parlementaire. / Time is a major element in the Parliament and is usually analyzed from a very political perspective. Time is at the core of the clash between members of parliaments, whose aim would be to prolong the procedure, and members of the Government, who in contrary would attempt to shorten it. While such statement seems to be pertinent talking about the political reality of the Parliament, it can only result from the research of the political parties strategies and not of parliamentary rules.Yet a large number of norms are devoted to parliamentary time, including constitutional texts and rules of procedure of parliaments, which shows its importance for the legislative process. Consequently, this research proposes to conduct a strictly legal analysis of the temporal framework of the legislative procedure in the British, French, German and Spanish parliaments.The use of the comparative method allows to distinguish between two types of legal norms concerning the parliamentary time. Peremptory norms, which impose to parliamentarians and ministers precisely determined deadlines for actions and dispositive norms, that empower them to act throughout the legislative procedure. This legal classification allows to see that temporal rules are mostly very precise though not always respected. Therefore in order to be able to reassess the parliamentary practice, it is essential to start with the analysis of these rules.

Thesis (MPhil)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: The study's investigation focuses on the role played by the NCOP in the national legislature as the second chamber of parliament. It looks in particular at how the NCOP has managed in its deliberations, and as mandated by the Constitution to represent provinces. Subsection 42 (4) of the Constitution stipulates that; " The NCOP represent the provinces to ensure that provincial interests are taken into account in the national sphere of government" (RSA Act 108, 1996). The question that the study seeks to answer IS: does the National Council of Provinces in its deliberations work to represent the interests of provinces in the national legislature rather than those of the party in control of the province? In answering the research question the study's approach is qualitative in nature. In other words, data collection methods were confined to documents and other important sources such as NCOP Publications namely, the NCOP News and the NCOP Review. Looking at the literature on second chambers, the study found that for second chambers to play an effective role in the legislature, the Constitution must equip them with adequate legislative powers. This means that the Constitution must give second chambers a veto on all Bills affecting their jurisdictions. Where a veto is non existent, irrespective of what legislative powers a second chamber may posses, if not elected directly by the electorate, it will suffer the accusations of rubber stamping Bills passed by the first house. The NCOP falls in the same category of second houses with no veto over Bills affecting provinces. Its legislative powers on these Bills are blunted by the NA's twothirds majority in the legislature and as a result remain a subordinate of the first house and that of the ruling party. Furthermore, administrative and communication problems experienced by the institution hinder it in its role of representing provinces. Equally so, the dominance of the ruling ANC in the provinces makes it difficult to determine whether mandates delivered by provincial legislatures carry the interests of provinces or those of the party in power. / AFRIKAANSE OPSOMMING: Die studie-ondersoek is gerig op die rol wat die NRVP (Nasionale Raad Van Provinsies), as die tweede huis van die Parlement. Die werk is spesifiek gerig op die manier hoe die NRVP vaar in hul debatvoerings, asook in hul verteenwoordiging van provinsies soos voorgeskryf in die Grondwet. Sub-artikel 42 (4) van die grondwet stipuleer dat "die NRVP verteenwoordig die provinsies om te verseker dat provinsiale belange in ag geneem word op die nasionale sfeer van die regering." (RSA Wet 108 van 1996). Die vraag wat hierdie studie poog om te antwoord, is die volgende: werk die NRVP in hul debatsvoerings om die belange van die provinsies in die nasionale wetgewer te verteenwoordig inplaas van die belange van die party in beheer van 'n spesifieke provinsie? In die beantwoording van hierdie navorsings-vraag, is die studie benadering kwalitatief in aard. Met ander woorde - data invorderings metodes was beperk tot dokumente en ander belangrike bronne soos NRVP publikasies, naamlik die "NCOP News" en die "NCOP Review". Na 'n bestudering van literatuur rondom die tweede huis van Parlement, het hierdie studie bevind dat vir die tweede huis om 'n effektiewe rol te speel in die wetgewer, die Grondwet dit moet toerus met genoegsame wetgewende magte. Dit beteken onder andere dat die grondwet die tweede huis 'n veto-reg gee oor alle wetsontwerpe wat hulle jurisdiksie raak. Waar 'n veto-reg nie bestaan nie, ongeag die wetgewende mag wat die NRVP mag hê, sal dit bieg gebuk gaan onder die beskuldiging dat dit 'n rubberstempel plaas op wetsontwerpe uitgevaardig deur die Nasionale Vergadering. Die NRVP val in dieselfde katagorie van tweede huise wat nie 'n veto-reg het oor wetsontwerpe wat provinsies raak. Die NRVP se wetgewende mag oor hierdie wetsonwerpe word geskoei op die Nasionale Vergadering se twee-derde meerderheid en gevolglik bly dit ondergeskik aan die Nasionale Vergadering. Verder, administratiewe-en kommunikasie-probleme wat ondervind word deur die liggaam, hinder dit in die rol van verteenwoordiger van die provinsies. Gelykstaande hieraan, is die dominering van die bewindvoerende party - die ANC. In die provinsies is dit moeilik om vas te stel of die voorskrifte van die provinsiale wetgewer werklik handel oor die belange van die provinsies self of die is van die party in die meerderheid.