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A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose.
Most often it refers to when both houses of a bicameral legislature sit together. A joint session typically occurs to receive foreign or domestic diplomats or leaders, or to allow both houses to consider bills together.
Some constitutions give special power to a joint session, voting by majority of all members of the legislature regardless of which house or chamber they belong to. For example, in Switzerland a joint session of the two houses elects the members of the Federal Council (cabinet). In India, disputes between houses are resolved by a joint sitting but without an intervening election. [1]
In the Australian federal parliament, a joint sitting can be held, under certain conditions, to overcome a deadlock between the two houses. For a deadlock to be declared, a bill has to be rejected twice by the Senate at an interval of at least three months, after which a double dissolution election can be held. If, following the election, the new parliament is still unable to pass the bill, it may be considered by a joint sitting of the House of Representatives and the Senate, and must achieve an absolute majority of the total number of members and senators in order to pass. The only example of this occurring was the Joint Sitting of the Australian Parliament of 1974 under the Whitlam Labor government, at which six deadlocked bills were passed.
Because the House has twice as many members as the Senate, the former has an advantage in a joint sitting. However, the voting system used for the Senate before 1949, which might be called "multiple at-large voting", often led to landslide if not wipe-out results in each state, resulting in a winning margin over the whole of Australia of up to 36–0. That would have given the party or grouping enjoying such a large Senate majority an advantage in any joint sitting, had there been one.
The voting system now used for the Senate, quota-preferential proportional representation, almost inevitably leads to very evenly divided results. Six senators are elected from each state and two from each territory. A party or grouping has to get at least 57% of the vote in any State to obtain a four-two majority of seats in that state, whereas from 51% to 56% of the vote yields only an equality of three seats to each major party or group.
The Federal Assembly is a formal joint session of the two houses of the bicameral Austrian Parliament, to swear the elected President of Austria into office.
The Chamber of Representatives and the Senate convene as United Chambers (Dutch : Verenigde Kamers; French : Chambres réunies; German : Vereinigten Kammern) to swear the King into office, as stipulated by article 91 of the Constitution.
The Canadian government procedure is called a joint address, with the members of the House of Commons attending the Senate as guests. There is no procedure in Canada for both chambers of the Parliament to sit in a true joint session.
Various government agencies and non-governmental organizations may also meet jointly to handle problems which each of the involved parties has a stake in.
The Congress of France is an assembly of both houses of the French Parliament, convened at the Palace of Versailles, which can approve certain amendments to the constitution by a three-fifths majority of all members. Since 2008, the Congress may also be convened to hear an address from the President of the Republic.
The Federal Convention elects the President of Germany. It includes members from the Bundestag and representatives of the States of Germany.
In India, if an ordinary bill has been rejected by any house of the parliament and if more than six months have elapsed, the President may summon a joint session for purpose of passing the bill. The bill is passed by a simple majority of a joint sitting. Since the lower house (Lok Sabha) has more than twice the members of the upper house (Rajya Sabha), [2] [3] a group commanding a majority in the lower house of the Government of India can often pass such a bill even if it was previously rejected by the upper house.
So far, joint Session of the Parliament of India has been called for only three bills that have been passed at joint sessions: the Dowry Prohibition Act, 1961, the Banking Service Commission Repeal Bill, 1978, and the Prevention of Terrorism Act, 2002. [1] [4]
In the Irish Free State, the predecessor of the Republic of Ireland, the Governor-General's Address to both houses was made to the lower house, with Senators invited to attend.
In the Philippines, Congress can convene in a joint session for the following:
While the State of the Nation Address takes place annually, and presidential elections occur every six years, the only instances when the other two conditions were met post the approval of the 1987 constitution were following the declaration of martial law in Maguindanao after the Maguindanao massacre in 2009, and in Mindanao after the Marawi crisis in 2017 and 2018.
Special joint sessions can also be convened to facilitate visiting foreign leaders' addresses to Congress. [5]
Joint sessions are typically held at the seat of the House of Representatives, which is at the Batasang Pambansa Complex, Quezon City.
English and later British monarchs have jointly addressed the House of Commons and the House of Lords since the 16th century. [6] Since 1939, foreign heads of state and dignitaries have been invited to address both houses of Parliament, the first to do so was French President Albert Lebrun in March 1939. [7]
The speech from the throne upon the State Opening of Parliament is made before a joint sitting of both Houses. This occurs in the House of Lords, the upper chamber, due to the constitutional convention that the monarch never enters the House of Commons. [8] The closing of each of parliamentary session is also marked by a speech to both Houses. [9]
The State of the Union Address of the president of the United States is traditionally made before a "joint session" of the United States Congress. Many states refer to an analogous event as a "joint convention". Such assemblies are typically held in the chamber of the lower house as the larger body. State constitutions of U.S. states may require joint conventions for other purposes; for example Tennessee's requires such to elect the secretary of state, the state treasurer, and the comptroller of the treasury.
The first foreign dignitary to address a joint session of Congress was Ambassador André de La Boulaye of France who addressed a joint session on May 20, 1934. [10]
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
Bicameralism is a type of legislature that is divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group. As of 2022, roughly 40% of the world's national legislatures are bicameral, while unicameralism represents 60% nationally and much more at the subnational level.
A motion or vote of no confidence is a motion and corresponding vote thereon in a deliberative assembly as to whether an officer is deemed fit to continue to occupy their office. The no-confidence vote is a defining constitutional element of a parliamentary system, in which the executive's mandate rests upon the continued support of the majority in the legislature. Systems differ in whether such a motion may be directed against the prime minister, against individual cabinet ministers, against the cabinet as a whole, or some combination of the above.
The Rajya Sabha, also known as the Council of States, is the upper house of the bicameral Parliament of India. As of 2023, it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245, after the Jammu and Kashmir (Reorganisation) Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
The Lok Sabha, also known as the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.
The Congress of the Philippines is the legislature of the national government of the Philippines. It is bicameral, composed of an upper body, the Senate, and a lower body, the House of Representatives, although colloquially, the term "Congress" commonly refers to just the latter. The Senate meets at the GSIS Building in Pasay, while the House of Representatives meets at the Batasang Pambansa in Quezon City, which also hosts joint sessions.
The Parliament of Australia is the legislature of the federal government of Australia. It consists of three elements: the monarch of Australia, the Senate, and the House of Representatives. It combines elements from the Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law.
Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The dissolution of a legislative assembly is the simultaneous termination of service of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assembly is chosen by a general election. Dissolution is distinct on the one hand from abolition of the assembly, and on the other hand from its adjournment or prorogation, or the ending of a legislative session, any of which begins a period of inactivity after which it is anticipated that the same members will reassemble. For example, the "second session of the fifth parliament" could be followed by the "third session of the fifth parliament" after a prorogation, but would be followed by the "first session of the sixth parliament" after a dissolution.
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives and the Senate. A double dissolution is the only circumstance in which the entire Senate can be dissolved.
A joint session of the United States Congress is a gathering of members of the two chambers of the bicameral legislature of the federal government of the United States: the Senate and the House of Representatives. Joint sessions can be held on any special occasion, but are required to be held when the president delivers a State of the Union address, when they gather to count and certify the votes of the Electoral College as the presidential election, or when they convene on the occasion of a presidential inauguration. A joint meeting is a ceremonial or formal occasion and does not perform any legislative function, and no resolution is proposed nor vote taken.
The parliament of Poland is the bicameral legislature of Poland. It is composed of an upper house and a lower house. Both houses are accommodated in the Sejm and Senate Complex in Warsaw. The Constitution of Poland does not refer to the Parliament as a body, but only to the Sejm and Senate.
The Chamber of Representatives is one of the two chambers in the bicameral Federal Parliament of Belgium, the other being the Senate. It is considered to be the "lower house" of the Federal Parliament.
The Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 state representatives, and the Utah Senate, with 29 state senators. There are no term limits for either chamber.
The United States Senate is the upper chamber of the United States Congress. The Senate and the United States House of Representatives comprise the federal bicameral legislature of the United States. Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.
A joint meeting of the Australian Parliament is a convening of members of the Senate and House of Representatives sitting together as a single legislative body.
Section 57 of the Constitution of Australia concerns how deadlocks between the two houses of the Commonwealth Parliament—the House of Representatives and the Senate—should be resolved. If the House of Representatives passes a bill that the Senate rejects, fails to pass, or proposes amendments that the House of Representatives will not agree to, and this repeats itself three months later with regards to the same bill, then the Governor-General can call a double dissolution of the Parliament, so long as the House of Representatives is not six months or less from its expiration.
The Parliament of India is bicameral. Concurrence of both houses are required to pass any bill. However, the framers of the Constitution of India anticipated situations of deadlock between the Rajya Sabha and the Lok Sabha. Therefore, the Constitution of India provides for Joint sittings of both the Houses to break the deadlock.
Western Australia v Commonwealth, also known as the First Territory Senators' Case, was an important decision of the High Court of Australia concerning the procedure in section 57 of the Constitution and the representation of territories in the Senate. The Court unanimously held that legislation providing for the representation of the Northern Territory and the Australia Capital Territory in the Senate had been passed in accordance with section 57 of the Constitution and, by majority, that the representation of the territories was constitutionally valid.