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A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the British (former) colonies. However, it has also been used as designation in other (non-Commonwealth) nations. A member of a legislative council is commonly referred to as an MLC.
In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.
In the British Empire, the authority under which legislative councils have been constituted has varied: some under the royal prerogative, others by acts of parliament, and some by commission and royal instructions. [1]
Country | Body | Type | Established | Notes |
---|---|---|---|---|
Brunei Darussalam | Legislative Council | Unicameral | 1959 | Suspended in 1984, reconvened in 2004 |
Hong Kong | Legislative Council | Unicameral | 1843 | Established under the British Hong Kong era; Provisional Legislative Council 1997–98 |
Isle of Man | Legislative Council | Upper House | ||
Palestine | Legislative Council | Unicameral | 1996 | |
Saint Helena | Legislative Council | Unicameral |
In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.
Country | Region | Body | Type | Established | Notes |
---|---|---|---|---|---|
Australia | New South Wales | Legislative Council | Upper House | 1824 | Unicameral until 1856 |
Australia | South Australia | Legislative Council | Upper House | 1840 | Unicameral until 1857 |
Australia | Tasmania | Legislative Council | Upper House | 1825 | Unicameral until 1856 |
Australia | Victoria | Legislative Council | Upper House | 1851 | Unicameral until 1856 |
Australia | Western Australia | Legislative Council | Upper House | 1832 | Unicameral until 1890 |
India | Andhra Pradesh | Legislative Council | Upper House | 1958 | Abolished between 1985 and 2007 |
India | Bihar | Legislative Council | Upper House | 1912 | Unicameral until 1920 |
India | Karnataka | Legislative Council | Upper House | 1956 | |
India | Maharashtra | Legislative Council | Upper House | 1960 | |
India | Telangana | Legislative Council | Upper House | 2014 | |
India | Uttar Pradesh | Legislative Council | Upper House | 1935 | |
Venezuela | Zulia | Legislative Council | Unicameral | 1864 |
Country | Body | Type | Established | Disestablished | Notes |
---|---|---|---|---|---|
Aden | Legislative Council | Unicameral | 1947 [2] | ||
Antigua and Barbuda | Legislative Council | Unicameral | Established under instructions to the governor | ||
Bahamas | Legislative Council | Unicameral | 1841 [3] | Letters patent | |
Barbados | Legislative Council | Unicameral | 1963 [4] | Established under instructions to the governor | |
Basutoland | Legislative Council | Unicameral | 1960 [5] | Established under instructions to the governor | |
Bechuanaland Protectorate | Legislative Council | Unicameral | 1961 | 1965 | |
Bermuda | Legislative Council | Bicameral | 1612 | 1980 | Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established under Royal Charters to the London Company in 1606, 1609, and 1612, and to the Somers Isles Company in 1615, transmitted via the Governor. Elected lower House of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into an Executive Council and a Legislative Council. Colonial legislature was updated to the Westminster system in 1968. Executive Council was renamed the Cabinet in 1973, and is now formed from Members of the majority party in the House of Assembly. Legislative Council was renamed the Senate of Bermuda in 1980, and is now composed of five Members recommended by the Premier, three by the Leader of the Opposition, and three by the Governor acting in his own discretion, all appointed by the Governor. [6] |
British Columbia | Legislative Council | Unicameral | 1867 | 1871 | |
British Guiana | Legislative Council | Unicameral | 1928 | 1961 | Established by an act of parliament; abolished between 1953 and 1954. |
British Honduras | Legislative Council | Unicameral | 1853 [3] | Established under instructions to the governor | |
British India | Imperial Legislative Council | Bicameral | 1861 | 1947 | Unicameral until 1920 |
British Virgin Islands | Legislative Council | Unicameral | 1867 [3] | 2007 | |
Burma | Legislative Council | Unicameral | 1897 | 1936 | |
Ceylon | Legislative Council | Unicameral | 1833 | 1931 | Established under the prerogative |
Cyprus | Legislative Council | Unicameral | Established under the prerogative | ||
Dominica | Legislative Council | Unicameral | 1832 [3] | Established by an act of parliament | |
Falkland Islands | Legislative Council | Unicameral | 1845 | 2009 | Established under the British Settlements Act, 1843 |
Fiji | Legislative Council | Unicameral | Established under the prerogative | ||
Gambia | Legislative Council | Unicameral | 1843 [3] | Established under the British Settlements Act, 1843 | |
Gibraltar | Legislative Council | Unicameral | 1950 | 1969 | |
Gold Coast | Legislative Council | Unicameral | Established under the British Settlements Act, 1843 | ||
Jamaica | Legislative Council | 1866 [3] | |||
Kenya | Legislative Council | Unicameral | 1907 | 1963 | Established under the British Settlements Act, 1843 |
Lower Canada | Legislative Council | Upper House | 1791 | 1841 | |
Malaya | Federal Legislative Council | Unicameral | 1948 | 1957 | |
Malta | Legislative Council | Unicameral | Established under the prerogative | ||
Manchukuo | Legislative Council | Unicameral | 1934 | 1945 | Puppet state of the Empire of Japan |
Mandatory Palestine | Legislative Council | Unicameral | 1922 | 1923 | |
Mauritius | Legislative Council | Unicameral | Established under the prerogative | ||
Montserrat | Legislative Council | Unicameral | 2011 | Established under instructions to the governor | |
New Zealand | Legislative Council | Upper House | 1841 | 1950 | Unicameral until 1853 |
Newfoundland | Legislative Council | Upper House | 1833 | 1934 | |
Nigeria | Legislative Council | Unicameral | Established under the prerogative | ||
Northern Rhodesia | Legislative Council | Unicameral | Established under the Foreign Jurisdiction Act, 1843 | ||
Nyasaland | Legislative Council | Unicameral | 1907 | Established under the Foreign Jurisdiction Act, 1843 | |
Papua New Guinea | Legislative Council | Unicameral | 1951 | 1963 | |
Portuguese Guinea | Legislative Council | Unicameral | 1963 | 1972 | Became the Legislative Assembly |
Portuguese West Africa | Legislative Council | Unicameral | 1922 | 1972 | Abolished between 1926 and 1955 |
Province of Canada | Legislative Council | Upper House | 1841 | 1867 | |
Romania | Legislative Council | Consultative | 1923 | 1948 | Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution |
St Kitts-Nevis-Anguilla | Legislative Council | Unicameral | 1832 [3] | Established under instructions to the governor | |
St Lucia | Legislative Council | Unicameral | 1832 | 1967 [7] | Established under the prerogative |
St Vincent | Legislative Council | Unicameral | Established by an act of parliament | ||
Seychelles | Legislative Council | Unicameral | 1962 | 1970 | Established under the prerogative |
Sierra Leone | Legislative Council | Unicameral | Established under the British Settlements Act, 1843 | ||
Solomon Islands | Legislative Council | Unicameral | 1960 | 1970 | |
Southern Rhodesia | Legislative Council | Unicameral | 1898 | 1923 | Established under the prerogative |
Straits Settlements | Legislative Council | Unicameral | 1866 | Established by an act of parliament | |
Singapore | Legislative Council | Unicameral | 1946 | 1953 | |
Swaziland | Legislative Council | Unicameral | 1964 | 1967 | Established in the Constitution of 1964 |
Trinidad and Tobago | Legislative Council | Unicameral | 1925 | 1961 | Established under the prerogative |
Tanganyika | Legislative Council | Unicameral | Established under the Foreign Jurisdiction Act, 1843 | ||
Turks and Caicos Islands | Legislative Council | Unicameral | 2006 | ||
Uganda | Legislative Council | Unicameral | 1920 | 1962 | Established under the Foreign Jurisdiction Act, 1843 |
Upper Canada | Legislative Council | Upper House | 1791 | 1841 | |
Zaire | Legislative Council | Unicameral | 1972 | 1990 |
In American English, the term "legislative council" has acquired a slightly different meaning since the 1930s. It refers to a joint committee with members from both houses of the state legislature, which supervises a staff of attorneys, accountants, and researchers charged with providing strictly nonpartisan support services to the legislature or to particular committees. [8] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933. [8] [9] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names. [8] Between 1933 and 1959, at least 32 states had legislative councils. [9]
Kansas still uses a legislative council, although it was converted into the Kansas Legislative Coordinating Council in 1971. Legislative councils operating under that name exist in the states of Arkansas, Arizona, Colorado, Montana, North Dakota, Texas, and Wisconsin. Several states use the term "commission" for the same thing, including New Jersey and Nevada.
A few states, like California, have a "legislative counsel", not "council", who is appointed by a vote of the entire legislature and is thus responsible to the body as a whole rather than a "council" within it.
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to the president, either in full or in part. If the parliament is bicameral, then the government is usually responsible first to the parliament's lower house, which is more representative than the upper house, as it usually has more members and they are always directly elected.
A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative. Depending on the type of political region or polity, a governor may be either appointed or elected, and the governor's powers can vary significantly, depending on the public laws in place locally. The adjective pertaining to a governor is gubernatorial, from the Latin root gubernare. In a federated state, the governor may serve as head of state and head of government for their regional polity, while still operating under the laws of the federation, which has its own head of state for the entire federation.
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada —united to form a federation, becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it the world's second-largest country by area.
British Guiana was a British colony, part of the mainland British West Indies. It was located on the northern coast of South America. Since 1966 it has been known as the independent nation of Guyana.
British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English colonisation of North America began in the 16th century in Newfoundland, then further south at Roanoke and Jamestown, Virginia, and more substantially with the founding of the Thirteen Colonies along the Atlantic coast of North America.
The House of Burgesses was the elected representative element of the Virginia General Assembly, the legislative body of the Colony of Virginia.
The British West Indies (BWI) were colonised British territories in the West Indies: Anguilla, the Cayman Islands, Turks and Caicos Islands, Montserrat, the British Virgin Islands, Antigua and Barbuda, The Bahamas, Barbados, Dominica, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, British Honduras, British Guiana and Trinidad and Tobago. Bermuda was also included as one of the territories.
The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would inform and shape the new state constitutions and, ultimately, the United States Constitution.
In the British Empire, a self-governing colony was a colony with an elected government in which elected rulers were able to make most decisions without referring to the colonial power with nominal control of the colony. This was in contrast to a Crown colony, in which the British Government ruled and legislated via an appointed Governor, with or without the assistance of an appointed Council. Most self-governing colonies had responsible government.
John Hamilton Gray, was a politician in the Province of New Brunswick, Canada, a jurist, and one of the Fathers of Confederation. He should not be confused with John Hamilton Gray, a Prince Edward Island politician in the same era.
A Crown colony or royal colony was a colony governed by England, and then Great Britain or the United Kingdom within the English and later British Empire. There was usually a governor to represent the Crown, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local council. In some cases, this council was split into two: an executive council and a legislative council, and the executive council was similar to the Privy Council that advises the monarch. Members of executive councils were appointed by the governors, and British citizens resident in Crown colonies either had no representation in local government, or limited representation in a lower house. In several Crown colonies, this limited representation grew over time. As the House of Commons of the British Parliament has never included seats for any of the colonies, there was no direct representation in the sovereign government for British subjects or citizens residing in Crown colonies.
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. The colonies of Fiji and New Zealand were originally part of this process, but they decided not to join the federation. Following federation, the six colonies that united to form the Commonwealth of Australia as states kept the systems of government that they had developed as separate colonies, but they also agreed to have a federal government that was responsible for matters concerning the whole nation. When the Constitution of Australia came into force, on 1 January 1901, the colonies collectively became states of the Commonwealth of Australia.
The Parliament of South Australia is the bicameral legislature of the Australian state of South Australia. It consists of the 47-seat House of Assembly and the 22-seat Legislative Council. General elections are held every 4 years, with all of the lower house and half of the upper house filled at each election. It follows a Westminster system of parliamentary government with the executive branch required to both sit in parliament and hold the confidence of the House of Assembly. The parliament is based at Parliament House on North Terrace in the state capital of Adelaide.
The territorial evolution of the British Empire is considered to have begun with the foundation of the English colonial empire in the late 16th century. Since then, many territories around the world have been under the control of the United Kingdom or its predecessor states. When the Kingdom of Great Britain was formed in 1707 by the union of the Kingdoms of Scotland and England, the latter country's colonial possessions passed to the new state. Similarly, when Great Britain was united with the Kingdom of Ireland in 1801 to form the United Kingdom, control over its colonial possessions passed to the latter state. Collectively, these territories are referred to as the British Empire. When much of Ireland gained independence in 1922 as the Irish Free State, the other territories of the empire remained under the control of the United Kingdom.
The term British West Indies refers to the former English and British colonies and the present-day overseas territories of the United Kingdom in the Caribbean.
British America comprised the colonial territories of the English Empire, and the successor British Empire, in the Americas from 1607 to 1783. These colonies were formally known as British America and the British West Indies immediately prior to thirteen of the colonies seceding in the American Revolutionary War (1775–1783) and forming the United States of America.
Starting with the 1763 Treaty of Paris, New France, of which the colony of Canada was a part, formally became a part of the British Empire. The Royal Proclamation of 1763 enlarged the colony of Canada under the name of the Province of Quebec, which with the Constitutional Act 1791 became known as the Canadas. With the Act of Union 1840, Upper and Lower Canada were joined to become the United Province of Canada.
A dominion was any of several largely self-governing countries of the British Empire. Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire into the Commonwealth of Nations, finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms.
Royal instructions are formal instructions issued to governors of the United Kingdom's colonial dependencies, and past instructions can be of continuing constitutional significance in a former colonial dependency or Dominion.
The 27 grievances is a section from the United States Declaration of Independence. The Second Continental Congress's Committee of Five drafted the document listing their grievances with the actions and decisions of King George III with regard to the Colonies in North America. The Second Continental Congress voted unanimously to adopt and issue the Declaration of Independence on July 4, 1776.