This study examines the role of Sri Lanka's 9th Parliament (2020-2024) amid concurrent political, economic, and internal crises, including the sovereign debt default and mass protests. Drawing on Hansard reports, constitutional provisions, and neoclassical realism, the research investigates Parliament's performance in three key areas: constitutional oversight, parliamentary diplomacy, and institutional resilience. Findings reveal that, despite formal powers under Articles 75 and 148 of the Constitution, Parliament functioned largely as a reactive body, marginalised by executive dominance and procedural opacity. While opposition figures frequently raised critical issues, particularly on IMF negotiations, debt restructuring, and public accountability, these interventions were largely rhetorical, with minimal influence on policy outcomes. The study concludes that internal structural weaknesses and external pressures constrained Parliament's capacity to act as a democratic safeguard, thereby undermining both domestic legitimacy and international credibility. It contributes to broader debates on crisis governance, parliamentary sovereignty, and foreign policy-making in hybrid democracies.
This research seeks to find out how parliaments in South Asia use digital media tools like parliament websites and social media and online communication networks. It also measures the degree of utilisation of such tools by the parliaments, to identify challenges and opportunities in the adoption of these technologies and correlate the findings with the democratic and participatory indices. The research, through a web-based comparative investigation of eight South Asian countries from December 7 to December 18, 2024, evaluates the existence and effectiveness of 15 digital tools, utilising a modified binary coding methodology based on Schwanholz and Busch (2016). The results show that there are big differences in how people use digital media. For example, Sri Lanka (24) and India (20) are at the top, while Afghanistan (0) and Bangladesh (11) are at the bottom because of problems with infrastructure and political challenges The study also examines the relationship between digital media scores and V-Dem's Liberal Democracy Index (LDI) and Participatory Component Index (PCI), revealing significant negative correlations (LDI: r = -0.73, p = 0.038; PCI: r = -0.75, p = 0.033), suggesting that more robust democracies demonstrate higher levels of digital engagement and countries with robust digital media adaptation in parliamentary engagement are tend to have better democratic environment. The findings emphasise the importance of developing innovative ways to bridge the digital divide and promote inclusive government in South Asia.
Parliamentary oversight of the executive's budget a central mechanisms through which citizens can hold governments to account for their decision making, policy priorities and public spending. Despite this, the intersection between citizen engagement and parliamentary budget oversight has received comparatively little scholarly attention, particularly in Westminster systems. This article addresses this gap by examining why and how parliaments should engage citizens in budget oversight, with a specific focus on Australian parliaments, where such engagement has been largely absent. The article first outlines the democratic importance of budget oversight and citizen engagement as core parliamentary functions, arguing that engagement in budget oversight has been dominated by information and education, while communication, consultation and participation remain underdeveloped in Australia. The article then explores the benefits of integrating citizen engagement into budget oversight, including enhanced accountability, improved scrutiny through lived experience, increased transparency, and greater legitimacy and trust in parliamentary institutions. A case study from the Scottish Parliament illustrates how participatory and deliberative approaches-specifically a citizen's panel-can strengthen pre-budget scrutiny and deliver meaningful outcomes for both participants and parliamentary committees. Finally, the article considers what practical steps might be available for Australian parliaments when it comes to participatory and deliberative forms of citizen engagement in budget oversight.
This article examines whether algorithmic mediation of public discourse represents an evolution or rupture in the history of democratic spaces. Through historical analysis spanning the Athenian Agora to Westminster Parliament, it identifies three core democratic functions of transparency, access, and collective reasoning that persisted across successive adaptations in public squares. While each transformation altered institutional form, these spaces maintained visible, accessible mechanisms for deliberation amongst citizenries. Algorithmic systems, by contrast, fundamentally break this continuity. Unlike earlier mediations that preserved democratic principles while changing their expression, platform algorithms actively undermine these democratic functions. Furthermore, these systems are opaque, fragment collective reasoning through filter bubbles, and prioritise engagement over deliberative quality and facts. Examining recent parliamentary inquiries in Australia and the UK, the article argues that Westminster systems face distinctive challenges in reasserting democratic sovereignty. It concludes by proposing algorithmic sovereignty, democratic digital innovation with systems structuring public discourse, and cross-collaboration as essential for preserving the agora's enduring principles in the digital age.
This article examines the concept of uncertainty as it accompanies the exercise of the Governor-General's reserve powers according to unwritten constitutional conventions. While such conventions offer flexibility in constitutional umpiring, their vagueness contributes to controversy, speculation and even crisis. During episodes of acute parliamentary dispute, uncertainty has the potential to undermine the Governor-General's reputation and authority. In response, Canadian scholar Bruce Hicks has advocated for an apolitical decision-making rule for Canada's Governor-General. The rule aims to foster greater predictability by enhancing expectation that Parliament will strive to resolve its own constitutional disputes. Building on Hicks's proposal, this article suggests Australia should go further and introduce a Governor-General's Code of Practice, an idea Australia's Constitutional Commission considered in the 1980s. The proposed code would outline guiding principles for use of reserve powers, including Hicks's rule, to buttress trust in Australia's federal parliamentary democracy.
This article explores how the Parliament of Victoria balances its commitment to accessibility and transparency with the risks posed by artificial intelligence (AI) and deepfakes. Traditionally viewed as exclusive and opaque, parliaments modelled on the Westminster system, specifically the Parliament of Victoria, have sought to strengthen democracy through reforms such as live broadcasting, closed captioning, and community engagement. While these initiatives enhance public participation, they also increase the risk that parliamentary material may be manipulated and misused. The issue is significant because existing scholarship has considered misinformation and parliamentary engagement separately, but little attention has been given to how accessibility reforms may heighten exposure to deepfake technologies. The research question guiding this paper is: How can parliaments remain accessible and transparent while protecting its integrity from AI-driven threats? This paper analyses parliamentary standing orders, legislative frameworks, and international developments. It argues that while current broadcasting rules ensure accuracy in traditional media, they are inadequate for the unregulated dynamics of social platforms. The key finding is that accessibility and integrity must be jointly pursued through measures such as watermarking, civic education, and digital literacy, reframing accessibility not as a vulnerability but as a foundation for democratic resilience in the face of technological change.
With respect to holding an Executive Government to account, this article examines the tension between parliamentary privilege afforded to a public service witness giving evidence before a committee and the fettering of that individual's capacity to do so through statutory Code of Conduct provisions and directions from the relevant public service authorities. A comparison between the Australian Public Service and Tasmanian State Service highlights some similarities of approach between the systems. This article ends with a suggested improvement to the relevant Code of Conduct provisions to better protect the Tasmanian State Servant, noting the likelihood of adoption of the statutory protection in the current political climate is improbable.
The newly elected New South Wales Legislative Assembly of 1856 operated in an environment unrestrained by standards of modern executive dominance. Within this a flourishing select committee system assisted the House to assert its parliamentary watchdog role. This article examines the benefits select committees offered the members of the colonial Assembly to participate in committee work. It also illustrates how in the absence of a party system until 1890, they brought their own style, motivations, and skills to select committees, most notably as Committee Chairs.
This article examines the evolving role of Senate Public Bills (SPBs) in Canada following reforms to the Senate appointment process. It documents a sharp rise in the introduction and enactment of SPBs, analyses the procedural implications of this trend, and explores its impacts on both the Senate and the House of Commons. Drawing on legislative data and committee activity, the authors assess whether the Senate's growing self-initiated legislative workload enhances its ability to serve Canadians or inadvertently displaces other parliamentary functions. The article concludes by considering whether procedural reforms are needed to maintain institutional balance.
Parliamentary departments are adopting more professionalised and embedded approaches to public engagement to address declining trust in democracy. A critical element of such engagement is 'closing the feedback loop'. This involves returning to participants at the end of a process to explain how their contributions influenced outcomes (such as recommendations made by a committee), or to evaluate the impact of the engagement activity. Closing the feedback loop can help foster trust and legitimacy by assuring people they have been genuinely heard. However, many parliaments do not have clear strategies or consistent processes for feeding back to participants following an engagement initiative. This article argues that feedback loops are an indispensable component of effective parliamentary engagement. It considers the advantages (and associated risks) of implementing and closing feedback loops in public engagement with committee inquiries, presents three case studies, and concludes with practical strategies and considerations for embedding feedback into committee inquiries and other types of parliamentary business.
All parliaments in Australia and New Zealand provide regular opportunities for Members to make statements about general matters of interest or concern affecting their constituencies. However, many jurisdictions restrict Ministers' participation in these items of business, reflecting concerns about the potential misuse of time intended for private Members. This article compares these practices and examines in depth a unique period of statements which has been progressively expanded to include Ministers: Members' three minute constituency statements in the Federation Chamber of the Australian House of Representatives. Drawing on participation data from the 42nd to 47th Parliaments and applying the Representational Connections Framework to statements made during 2024, this article demonstrates that recent increases in Ministers' participation in constituency statements are in proportion with their membership of the House and reflect a genuine intent to represent and connect with constituents. These findings challenge assumptions about executive encroachment into private Members' business and underscore the importance of the representative role played by all Members of Parliament.
This article explores the challenges and opportunities of legal jurisdictions in the digital age, focusing on parliamentary oversight of social media platforms. The Christchurch shootings in New Zealand highlighted the internet's role in distributing harmful content, underscoring the need for effective regulation. Similarly, the potential TikTok ban in the US demonstrates the complexities of addressing national security concerns, data privacy, and foreign influence through legislative action. This article examines the Harvard Research Draft Convention on Jurisdiction with Respect to Crime and principles of sovereignty, comity, and non-intervention to highlight the evolving landscape of internet jurisdiction. It also emphasises the importance of balancing national laws with international standards to ensure fair and effective regulation.
Online hate and harassment against MPs is rising, not just in New Zealand, but internationally. This article examines violence-speech and death threats publicly made against New Zealand MPs and political figures on the fringe social media site Gab, uncovering the ways New Zealand's legislation has thus far failed to address this dangerous behaviour, as well as offering thoughts on options for law reform in this area. An analysis of top posts in New Zealand messageboards on Gab is followed by a comparative examination of incitement to violence laws in Australia before considering reform options for New Zealand.
This article explores how Queensland's Parliamentary Education Team leveraged the engagement power of Minecraft Education to transform their education offerings. The 2024 'Build Your Parliament in Minecraft Competition' engaged students from diverse backgrounds, including those in remote locations, in a project-based learning experience by tasking them with the creation of a virtual legislative chamber. Against a backdrop of declining civic engagement, this initiative demonstrates how gamification and virtual reality can foster critical thinking, creativity, and teamwork while deepening students' understanding of the work of the parliament and avenues for democratic participation. The article outlines the competition project, highlighting its success in increasing student engagement. The project's outcomes offer insights for educators and policymakers about integrating digital technologies and experiential learning into civics curricula. Such initiatives contribute to parliamentary resilience. By equipping young people with the skills and knowledge needed for active citizenship, we can safeguard our democratic institutions into an uncertain future.
The second of December 2024 marked the 30th anniversary of the last sitting day of the Legislative Assembly of New South Wales during the 50th Parliament (19911995). The general election held in May 1991 resulted in a hung Legislative Assembly. This provided the political circumstances for the negotiation of a Memorandum of Understanding for a Charter of Reform (the Charter) between the government and key independent members. The Charter aimed 'to provide stable Government in return for broader accountability reforms 'to enhance Parliamentary democracy'. Practice in the Legislative Assembly prior to 1991 gives the context that shaped the motivation for one member to seize an unexpected opportunity to consolidate and transform parliamentary practice through the Charter. The Charter frames this case study by analysing the accountability measures implemented through sessional orders, amendments to the standing orders and practice. The analysis in this article will show how the Charter curbed and reversed the tide of executive dominance in parliament, demonstrating why 'procedure matters'. Most of the transformed parliamentary practice from the 50th Parliament remains. The evidence shows that the changes have strengthened the parliamentary means available to members to both hold the executive to account as well as to directly raise issues in the House. Looking back over the 30 years, the Charter has had an ongoing positive impact on the procedural culture of the Legislative Assembly.
This article explores the concept of 'informal evidence' in parliamentary committee inquiries, and the role it can play supporting more formal and established practices of evidence gathering. Formal evidence most commonly takes the form of sworn verbal testimony and written submission, gathered through the formal powers of a committee. However, committee inquiries are often supported or augmented by informal fact-finding and stakeholder engagement exercises like private briefings, roundtables and site visits. Committees and committee staff can be left with the challenge of finding a way to use valuable yet 'informal' evidence in a form that can support the findings and recommendations of committee reports. The article begins by outlining criteria through which formal and informal evidence could be demarcated, before exploring the benefits to using informal evidence and the role it may play in increasing public participation in committee inquiries, particularly for under-represented stakeholder groups.
While technological breakthroughs have long enabled virtual business meetings worldwide, Parliaments only recently grappled with the necessity of remote participation prompted by the COVID-19 pandemic. In response to lockdown requirements, Parliaments worldwide adopted remote participation from 2020 to early 2022. Remote participation undeniably facilitated the functioning of Parliaments through unprecedented challenges. However, variations in procedures, the ratio of allowed remote participation, and the scope of members' actions when participating remotely notably varied across jurisdictions. This variation implies significant considerations regarding the tension between maintaining parliamentary functionality and adhering to procedural formality, which are significant to ensure Parliament's constitutionality, integrity, and dignity. This article investigates the approaches to remote participation in Victoria and selected Westminster jurisdictions, examining their implications for parliamentary procedures and formality. By exploring how remote participation aligns with parliamentary principles of constitutionality, integrity, and dignity, it aims to offer insights into the relationship between remote participation and parliamentary procedure, providing clarity on its potential applications and limitations in future events. In doing so, it also contributes to the discussion on the balance between adaptability and tradition in modern parliaments.
When interpreting legislation, it has become routine for courts and other readers to refer to related Hansard and other parliamentary materials to help determine what the legislation means. Most of the time that parliamentary record is used for what it says about the proposed legislation. However, it is also possible to use Hansard for what it doesn't say. In American statutory interpretation law, this is called the 'dog that did not bark' canon, named after a Sherlock Holmes story, where a watchdog that failed to bark was a critical clue. In Australia, there is no statutory interpretation canon or presumption with this colourful moniker. But there is evidence from Australian case law that interpreters of legislation can use silence in parliamentary deliberations on proposed legislation to infer something about the meaning of that legislation. This article demonstrates how silence in legislative scrutiny deliberations can influence statutory meaning in Australia and identifies some implications of that use for both law makers and interpreters.
This article investigates the challenges faced by New South Wales Legislative Council committees undertaking inquiries with significant public interest. The article examines the logistical hurdles associated with receiving, reviewing and considering thousands of submissions, managing heightened public and media expectations, and the strain placed on small secretariat teams with limited resources. To illustrate these challenges, the article reviews three case studies: the inquiries into the provisions of the Reproductive Health Care Reform Bill 2019, the Voluntary Assisted Dying Bill 2021, and the inquiry into birth trauma. The article also outlines resource constraints, strategies for enhancing efficiency and some potential solutions, along with recommendations for process improvements to handle high interest inquiries more effectively.
The intricate processes of law-making, government scrutiny and constituent representation in parliaments is anchored in a dual framework of written rules and institutional memory, often embedded by precedents. The retention of this institutional memory is crucial for maintaining parliamentary effectiveness amidst dynamic political environments. This paper explores the potential of Artificial Intelligence (AI) in preserving parliamentary procedural knowledge and addressing the challenge of 'institutional amnesia'. AI can enhance knowledge management systems by contextualising both explicit and implicit sources of information, ensuring the history and precedents of parliaments are retained and accessible. This paper considers the complexities of recording parliamentary procedures, emphasising the importance of institutional memory, which is often uncodified and held by long-serving members and staff. The frequent turnover in parliamentary personnel poses a significant risk to the continuity of institutional memory. AI, with its capabilities in data storage and analysis, offers a promising solution to this problem. The paper examines existing applications of AI in global parliaments, highlighting its potential to improve the accessibility and application of procedural knowledge. By integrating AI, parliaments can build intelligent repositories that support decision-making, member training, and the seamless transfer of procedural knowledge. However, the adoption of AI must be carefully managed to uphold democratic principles, ensuring transparency, accountability, and human oversight. Further, parliaments must carefully mitigate the cyber-security risks associated with AI, especially given the often sensitive nature of documents and records kept. This paper proposes a balanced approach, leveraging AI to preserve parliamentary precedents while maintaining the integrity and trust of the institution. Through this exploration, the paper aims to contribute to the evolving discourse on AI's role in enhancing parliamentary resilience and procedural continuity.
