Legislative council

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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.

Contents

In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.

History

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] Particularly, unicameral or the upper house in a bicameral legislature (where traditionally many members were appointed by Governors, rather than elected) were given the designation "legislative council".

List of legislative councils

Existing national legislative councils
CountryBodyTypeEstablishedNotes
Flag of Brunei.svg  Brunei Darussalam Legislative Council Unicameral1959Suspended in 1984, reconvened in 2004
Flag of Hong Kong.svg  Hong Kong Legislative Council Unicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98
Flag of the Isle of Man.svg  Isle of Man Legislative Council Upper House
Flag of Palestine.svg  Palestine Legislative Council Unicameral1996
Flag of Saint Helena.svg  Saint Helena Legislative Council Unicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Existing sub-national legislative councils
CountryRegionBodyTypeEstablishedNotes
Flag of Australia (converted).svg  Australia New South Wales Legislative Council Upper House1824Unicameral until 1856
Flag of Australia (converted).svg  Australia South Australia Legislative Council Upper House1840Unicameral until 1857
Flag of Australia (converted).svg  Australia Tasmania Legislative Council Upper House1825Unicameral until 1856
Flag of Australia (converted).svg  Australia Victoria Legislative Council Upper House1851Unicameral until 1856
Flag of Australia (converted).svg  Australia Western Australia Legislative Council Upper House1832Unicameral until 1890
Flag of India.svg  India Andhra Pradesh Legislative Council Upper House1958Abolished between 1985 and 2007
Flag of India.svg  India Bihar Legislative Council Upper House1912Unicameral until 1920
Flag of India.svg  India Karnataka Legislative Council Upper House1956
Flag of India.svg  India Maharashtra Legislative Council Upper House1960
Flag of India.svg  India Telangana Legislative Council Upper House2014
Flag of India.svg  India Uttar Pradesh Legislative Council Upper House1935
Flag of Venezuela.svg  Venezuela Zulia Legislative Council Unicameral1864
Defunct national legislative councils
CountryBodyTypeEstablishedDisestablishedNotes
Flag of Aden (1937-1963).svg  Aden Legislative Council Unicameral1947 [2]
Flag of Antigua and Barbuda (1956-1962).svg  Antigua and Barbuda Legislative Council UnicameralEstablished under instructions to the governor
Flag of the Bahamas (1953-1964).svg  Bahamas Legislative Council Unicameral1841 [3] Letters patent
Flag of Barbados (1870-1966).svg  Barbados Legislative Council UnicameralEstablished under instructions to the governor
  Basutoland Legislative Council Unicameral1960 [4] Established under instructions to the governor
Flag of the United Kingdom.svg  Bechuanaland Protectorate Legislative Council Unicameral19611965
Flag of Bermuda.svg  Bermuda Legislative Council Bicameral16121980Originally 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. [5]
Hypothetical flag of British Columbia, 1906-1960.png  British Columbia Legislative Council Unicameral18671871
Flag of British Guiana (1955-1966).svg  British Guiana Legislative Council Unicameral19281961Established by an act of parliament; abolished between 1953 and 1954.
Flag of British Honduras (1919-1981).svg  British Honduras Legislative Council Unicameral1853 [3] Established under instructions to the governor
British Raj Red Ensign.svg  British India Imperial Legislative Council Bicameral18611947Unicameral until 1920
Flag of the British Virgin Islands.svg  British Virgin Islands Legislative Council Unicameral1867 [3] 2007
British Burma 1937 flag.svg  Burma Legislative Council Unicameral18971936
Flag of Ceylon (1875-1948).svg  Ceylon Legislative Council Unicameral18331931Established under the prerogative
Blue Ensign of Cyprus (1922).svg  Cyprus Legislative Council UnicameralEstablished under the prerogative
Missing Blue Ensign.svg  Dominica Legislative Council Unicameral1832 [3] Established by an act of parliament
Flag of the Falkland Islands.svg  Falkland Islands Legislative Council Unicameral18452009Established under the British Settlements Act, 1843
Flag of Fiji.svg  Fiji Legislative Council UnicameralEstablished under the prerogative
Flag of The Gambia (1889-1965).svg  Gambia Legislative Council Unicameral1843 [3] Established under the British Settlements Act, 1843
Flag of Gibraltar.svg  Gibraltar Legislative Council Unicameral19501969
Flag of the Gold Coast (1877-1957).svg  Gold Coast Legislative Council UnicameralEstablished under the British Settlements Act, 1843
Flag of Jamaica (1957-1962).svg  Jamaica Legislative Council 1866 [3]
Flag of Kenya (1921-1963).svg  Kenya Legislative Council Unicameral19071963Established under the British Settlements Act, 1843
Flag of the United Kingdom.svg Lower Canada Legislative Council Upper House17911841
Flag of Malaya.svg  Malaya Federal Legislative Council Unicameral19481957
Flag of Malta (1943-1964).svg  Malta Legislative Council UnicameralEstablished under the prerogative
Flag of Manchukuo.svg  Manchukuo Legislative Council Unicameral19341945 Puppet state of the Empire of Japan
Flag of the United Kingdom.svg  Mandatory Palestine Legislative Council Unicameral19221923
Flag of Mauritius (1923-1968).svg  Mauritius Legislative Council UnicameralEstablished under the prerogative
Flag of Montserrat.svg  Montserrat Legislative Council Unicameral2011Established under instructions to the governor
Flag of New Zealand.svg  New Zealand Legislative Council Upper House18411950Unicameral until 1853
Dominion of Newfoundland Red Ensign.svg  Newfoundland Legislative Council Upper House18331934
Flag of Nigeria (1914-1952).svg  Nigeria Legislative Council UnicameralEstablished under the prerogative
Flag of Northern Rhodesia (1939-1964).svg  Northern Rhodesia Legislative Council UnicameralEstablished under the Foreign Jurisdiction Act, 1843
Flag of Nyasaland (1925-1953, 1963-1964).svg  Nyasaland Legislative Council Unicameral1907Established under the Foreign Jurisdiction Act, 1843
Flag of the Territory of New Guinea.svg Papua New Guinea Legislative Council Unicameral19511963
Flag of Portugal.svg Portuguese Guinea Legislative Council Unicameral19631972Became the Legislative Assembly
Flag of Portugal.svg Portuguese West Africa Legislative Council Unicameral19221972Abolished between 1926 and 1955
Flag of the United Kingdom.svg Province of Canada Legislative Council Upper House18411867
Flag of Romania.svg  Romania Legislative Council Consultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
Flag of St Kitts-Nevis-Anguilla.svg  St Kitts-Nevis-Anguilla Legislative Council Unicameral1832 [3] Established under instructions to the governor
Flag of Saint Lucia (1939-1967).svg  St Lucia Legislative Council Unicameral18321967 [6] Established under the prerogative
Flag of Saint Vincent and the Grenadines (1907-1979).svg  St Vincent Legislative Council UnicameralEstablished by an act of parliament
Flag of Seychelles 1903-1961.gif  Seychelles Legislative Council Unicameral19621970Established under the prerogative
Flag of Sierra Leone 1916-1961.gif Sierra Leone Legislative Council UnicameralEstablished under the British Settlements Act, 1843
Flag of the Solomon Islands (1956-1966).svg  Solomon Islands Legislative Council Unicameral19601970
Flag of Southern Rhodesia (1924-1964).svg  Southern Rhodesia Legislative Council Unicameral18981923Established under the prerogative
Flag of the British Straits Settlements (1925-1946).svg  Straits Settlements Legislative Council Unicameral1866Established by an act of parliament
Flag of Singapore (1946-1952).svg  Singapore Legislative Council Unicameral19461953
Flag of Eswatini.svg  Swaziland Legislative Council Unicameral19641967Established in the Constitution of 1964
Flag of Trinidad and Tobago (1889-1958).svg  Trinidad and Tobago Legislative Council Unicameral19251961Established under the prerogative
Flag of Tanganyika (1923-1961).svg  Tanganyika Legislative Council UnicameralEstablished under the Foreign Jurisdiction Act, 1843
Flag of the Turks and Caicos Islands.svg  Turks and Caicos Islands Legislative Council Unicameral2006
Flag of the Uganda Protectorate.svg  Uganda Legislative Council Unicameral19201962Established under the Foreign Jurisdiction Act, 1843
Flag of the United Kingdom.svg Upper Canada Legislative Council Upper House17911841
Flag of Zaire (1971-1997).svg  Zaire Legislative Council Unicameral19721990
Defunct sub-national legislative councils
CountryRegionBodyTypeEstablishedDisestablishedNotes
Flag of Australia (converted).svg  Australia Queensland Legislative Council Upper House18601922
British Raj Red Ensign.svg  British India Bengal Legislative Council Upper House18611947Unicameral until 1937
British Raj Red Ensign.svg  British India Eastern Bengal and Assam Legislative Council Unicameral19061912
Canadian Red Ensign (1868-1921).svg  Canada Manitoba Legislative Council Upper House18701876First province to eliminate upper chamber.
Canadian Red Ensign (1868-1921).svg  Canada New Brunswick Legislative Council Upper House17851891
Canadian Red Ensign (1921-1957).svg  Canada Nova Scotia Legislative Council Upper House18381928
Canadian Red Ensign (1868-1921).svg  Canada Prince Edward Island Legislative Council Upper House17731893
Flag of Canada (Pantone).svg  Canada Quebec Legislative Council Upper House18671968Last province to eliminate upper chamber.
Flag of India.svg  India Assam Legislative Council Upper House19351969
Flag of India.svg  India Bombay Legislative Council Upper House18611960Unicameral until 1935
Flag of India.svg  India Cochin Legislative Council Unicameral19251949
Flag of India.svg  India Jammu and Kashmir Legislative Council Upper House19572019
Flag of India.svg  India Madhya Pradesh Legislative Council Upper House19561969
Flag of India.svg  India Punjab Legislative Council Upper House19561969
Flag of India.svg  India Tamil Nadu Legislative Council Upper House19561986
Flag of India.svg  India West Bengal Legislative Council Upper House19521969
Flag of the United States.svg  United States Delaware Legislative Council Upper House17761792
Flag of the United States.svg  United States Florida Territory Legislative Council Bicameral18221845
Flag of the United States.svg  United States New Jersey Legislative Council Upper House17761844
Flag of the United States.svg  United States South Carolina Legislative Council Upper House17761778

United States

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. [7] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933. [7] [8] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names. [7] Between 1933 and 1959, at least 32 states had legislative councils. [8]

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.

See also

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References

  1. Wright, Martin. Appendix 9 in The Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited by Margery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).
  2. Office, Great Britain Colonial (1954). Colonial Reports Report on Aden.
  3. 1 2 3 4 5 6 7 The Colonial Office List, Comprising Historical and Statistical Information Respecting the Colonial Empire, List of Officers Serving in the Colonies, Etc. H.M. Stationery Office. 1947.
  4. "Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968". Library of Congress, Washington, D.C. 20540 USA.
  5. "General Information". Bermuda Parliament. Government of Bermuda. Retrieved 6 August 2021.
  6. "Saint Lucia - Access Government". Saint Lucia - Access Government.
  7. 1 2 3 Teaford, Jon C. (2002). The Rise of the States: Evolution of American State Government . Baltimore: The Johns Hopkins University Press. pp.  153–157. ISBN   9780801868894 . Retrieved 25 August 2014.
  8. 1 2 Davey, Harold W. (1953). "The Legislative Council Movement, 1933–1953". American Political Science Review. 47 (3): 785–797. doi:10.2307/1952905. ISSN   1537-5943.