Legislative session

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A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. In each country the procedures for opening, ending, and in between sessions differs slightly. A session may last for the full term of the legislature or the term may consist of a number of sessions. These may be of fixed duration, such as a year, or may be used as a parliamentary procedural device. A session of the legislature is brought to an end by an official act of prorogation. In either event, the effect of prorogation is generally the clearing of all outstanding matters before the legislature.

Contents

Common procedure

Historically,[ when? ][ where? ] each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to their constituencies. In more recent times, development in transportation technology has permitted these individuals to journey with greater ease and frequency from the legislative capital to their respective electoral districts (sometimes called ridings, electorate, division) for short periods, meaning that parliamentary sessions typically last for more than one year, though the length of sessions varies. Legislatures plan their business within a legislative calendar, which lays out how bills will proceed before a session ceases, although related but unofficial affairs may be conducted by legislators outside a session or during a session on days in which parliament is not meeting.

While a parliament is prorogued, between two legislative sessions, the legislature is still constituted i.e. no general election takes place and all Members of Parliament thus retain their seats. In many legislatures, prorogation causes all orders of the body bills, motions, etc. to be expunged. [1] Prorogations should thus not be confused with recesses, adjournments, or holiday breaks from legislation, after which bills can resume exactly where they left off. In the United Kingdom, however, the practice of terminating all bills upon prorogation has slightly altered; public bills may be re-introduced in the next legislative session, and fast-tracked directly to the stage they reached in the prorogued legislative session.

A new session will often begin on the same day that the previous session ended. In most cases, when a parliament reconvenes for a new legislative session, the head of state, or a representative thereof, will address the legislature in an opening ceremony.

In both parliamentary and presidential systems, sessions are referred to by the name of the body and an ordinal number  for example, the 2nd Session of the 39th Canadian Parliament or the 1st Session of the 109th United States Congress .

Purposes

Governments today end sessions whenever it is most convenient, but a “good faith exercise of the power” to prorogue parliament does not include preventing it from frustrating the prime minister's agenda. [2] When the Parliament of the Kingdom of Italy conquered the power to decide on its recalling, the MP Modigliani spoke of a coup d'état, if the right to prorogue or close the session was exercised immediately after Parliament had recalled itself. [3]

During the electoral campaign, this break takes place so as to prevent the upper house from sitting and to purge all upper chamber business before the start of the next legislative session. It is not uncommon for a session of parliament to be put into recess during holidays and then resumed a few weeks later exactly where it left off.

Procedure in Commonwealth realms

A 16th-century depiction of the parliament of England in session, with King Edward I presiding Medieval parliament edward.Jpg
A 16th-century depiction of the parliament of England in session, with King Edward I presiding

In Commonwealth realms, legislative sessions can last from a few weeks to over a year; between general elections; there are usually anywhere from one to six sessions of parliament before a dissolution by either the Crown-in-Council or the expiry of a legally mandated term limit. Each session begins with a speech from the throne, read to the members of both legislative chambers either by the reigning sovereign or a viceroy or other representative. Houses of parliament in some realms will, following this address, introduce a pro forma bill as a symbol of the right of parliament to give priority to matters other than the monarch's speech (always written by the cabinet of the day). [4]

United Kingdom

In the parliament of the United Kingdom, prorogation is immediately preceded by a speech to both legislative chambers, with procedures similar to the Throne Speech. The monarch usually approves the oration—which recalls the prior legislative session, noting major bills passed and other functions of the government [5] —but rarely delivers it in person, Queen Victoria being the last to do so. Instead, the speech is presented by the Lords Commissioners and read by the Leader of the House of Lords. When King Charles I dissolved the Parliament of England in 1628, after the Petition of Right, he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances.

Australia

Prior to 1977, it was common for the federal Parliament to have up to three sessions, with Parliament being prorogued at the end of each session and recalled at the beginning of the next. This was not always the case, for instance the 10th Parliament (19261928) went full term without prorogation. The practice of having multiple sessions in the same parliament gradually fell into disuse, and all parliaments from 1978 to 2013 had a single session. (There were only four prorogations since 1961, twice to allow the visiting Queen to "open" Parliament, once after the 1967 death of Prime Minister Harold Holt and for political reasons in 2016.) Since 1990, it has been the practice for the parliament to be prorogued on the same day that the House is dissolved so that the Senate will not be able to sit during the election period. [6] [7]

However, on 21 March 2016, Prime Minister Malcolm Turnbull announced that the 44th Parliament, elected in 2013, would be prorogued on 15 April and that a second session would begin on 18 April. [8] Prorogation is now a procedural device, the effect of which is to call the Parliament back on a particular date (especially the Senate, which the government did not control), and to wipe clean all matters before each House, without triggering an election. [8]

Canada

In the Parliament of Canada and its provinces, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne (called the legislative programme in the UK). It remains in recess until the monarch, governor general, or lieutenant governor summons parliamentarians again. Historically, long prorogations allowed legislators to spend part of their year in the capital city and part in their home ridings. [9] However, this reason has become less important with the advent of rapid transcontinental travel.

More recently, prorogations have triggered speculation that they were advised by the sitting prime minister for political purposes: for example, in the 40th Parliament, the first prorogation occurred in the midst of a parliamentary dispute, in which the opposition parties expressed intent to defeat the minority government, and the second was suspected by opposition Members of Parliament to be a way to avoid investigations into the Afghan detainees affair and triggered citizen protests. [10] [11] In October 2012, the provincial legislature of Ontario was prorogued under similar circumstances, allegedly to avoid scrutiny of the provincial Government on a number of issues. [12]

Bills are numbered within each session. For example, in the federal House of Commons each session's government bills are numbered from C-2 to C-200, and the numbering returns again to C-2 following a prorogation (Bill C-1 is a pro-forma bill).

Procedure in the United States

United States Congress

The Congress is renewed every two years as required by the US Constitution, with all members of the House of Representatives up for reelection and one-third of the members of the US Senate up for reelection. (Senators serve a six-year term; House members serve a two-year term). Each Congress sits in two sessions lasting approximately one year. Thus, the 1st session of the 114th Congress commenced on January 3, 2015, and the 2nd session commenced on January 3, 2016, with the same members and no intervening election. All legislative business, however, is cleared at the end of each session. It is common for bills to be reintroduced in the second session that were not passed in the first session, and the restrictions on reconsideration only apply to a single session.

When the leaders of the majority party in each house have determined that no more business will be conducted by that house during that term of Congress, a motion is introduced to adjourn sine die, effectively dissolving that house. Typically, this is done at some point after the general congressional election in November of even-numbered years. If the party in power is retained, it may happen as early as mid-November and members return to their districts for the holiday season. However, when the party in power is ousted or if important business, such as approval of appropriation bills, has not been completed, Congress will often meet in a lame-duck session, adjourning as late as December 31, before the newly elected Congress takes office on January 3.

State legislatures

In the United States, most state legislatures, most of which are part-time paid legislatures with a set stipend, meet only part of the year. Depending upon limitations of the state's constitution, if business arises that must be addressed before the next regular session, the governor may call a special session. The few state legislatures which meet year-round, with the exception of that of North Carolina, are usually full-time paid legislatures.

Other countries

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<span class="mw-page-title-main">Parliament of the United Kingdom</span> Legislative body in the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.

<span class="mw-page-title-main">Parliament of Canada</span> Canadian federal legislature

The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.

<span class="mw-page-title-main">Cavalier Parliament</span> Parliament of England (1661–1679)

The Cavalier Parliament of England lasted from 8 May 1661 until 24 January 1679. It was the longest English Parliament, and longer than any Great British or UK Parliament to date, enduring for nearly 18 years of the quarter-century reign of Charles II of England. Like its predecessor, the Convention Parliament, it was overwhelmingly Royalist and is also known as the Pensioner Parliament for the many pensions it granted to adherents of the King.

<span class="mw-page-title-main">Speech from the throne</span> Monarchs speech outlining governmental agenda and opening the legislative session

A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or their representative, reads a prepared speech to members of the nation's legislature when a session is opened. The address sets forth the government's priorities for its legislative agenda, for which the cooperation of the legislature is sought. The speech is often accompanied by formal ceremony. It is often held annually, although in some places it may occur more or less frequently, whenever a new session of the legislature is opened.

The term pro forma is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality. The term is used in legal and business fields to refer to various types of documents that are generated as a matter of course.

A bill is a proposal for a new law, or a proposal to significantly change an existing law. A bill does not become law until it is passed by the legislature and has been, in most cases, approved by the executive. Once a bill has been enacted into law by the legislature, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.

<span class="mw-page-title-main">House of Commons of Northern Ireland</span> Lower house of the bicameral legislature (1920-73) of Northern Ireland

The House of Commons of Northern Ireland was the lower house of the Parliament of Northern Ireland created under the Government of Ireland Act 1920. The upper house in the bicameral parliament was called the Senate. It was abolished with the passing of the Northern Ireland Constitution Act 1973.

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.

Prorogation in the Westminster system of government is the action of proroguing, or interrupting, a parliament, or the discontinuance of meetings for a given period of time, without a dissolution of parliament. The term is also used for the period of such a discontinuance between two legislative sessions of a legislative body.

In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year, such as outlining the government's budget for the next fiscal year, biennium, or other period. Special sessions may also be called during an economic downturn in order to cut the budget. In other cases, a special session may be convened to address special topics, or emergencies such as war or natural disaster.

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.

In certain countries, a motion in parliamentary procedure is a formal proposal by a member of a deliberative assembly that the assembly take certain action. Such motions, and the form they take are specified by the deliberate assembly and/or a pre-agreed volume detailing parliamentary procedure, such as Robert's Rules of Order; The Standard Code of Parliamentary Procedure; or Lord Citrine's The ABC of Chairmanship. Motions are used in conducting business in almost all legislative bodies worldwide, and are used in meetings of many church vestries, corporate boards, and fraternal organizations.

A lame-duck session of Congress in the United States occurs whenever one Congress meets after its successor is elected, but before the successor's term begins. The expression is now used not only for a special session called after a sine die adjournment, but also for any portion of a regular session that falls after an election. In current practice, any meeting of Congress after election day, but before the next Congress convenes the following January, is a lame-duck session. Prior to 1933, when the 20th Amendment changed the dates of the congressional term, the last regular session of Congress was always a lame-duck session.

Prorogation is the end of a parliamentary session in the Parliament of Canada and the parliaments of its provinces and territories. It differs from a recess or adjournment, which do not end a session; and differs from a complete dissolution of parliament, which ends both the session and the entire parliament, requiring an election for the House of Commons in the bicameral federal parliament and the singular legislative chamber of the unicameral provincial parliaments.

<span class="mw-page-title-main">Procedures of the United States Congress</span> Established ways of doing legislative business

Procedures of the United States Congress are established ways of doing legislative business. Congress has two-year terms with one session each year. There are rules and procedures, often complex, which guide how it converts ideas for legislation into laws.

Section 5 of the Constitution of Australia empowers the Governor-General of Australia to prorogue the Australian Parliament, thereby bringing the current legislative session to an end. Prorogation clears all business pending before Parliament and allows the houses to be called back on a particular date without triggering an election. The date for the new session of Parliament may be specified either in the proroguing proclamation or when the governor-general summons the Parliament to meet again.

A recall of parliament is a parliamentary procedure involving an extraordinary sitting of a parliament, occurring outside the time when that parliament would usually meet, such as over a weekend, or when the parliament would normally be in recess. A parliament is generally recalled as a result of events of major national importance, thus allowing members to hold an emergency debate on issues relating to those events.

In United Kingdom constitutional law, prorogation is an act usually used to mark the end of a parliamentary session. Part of the royal prerogative, it is the name given to the period between the end of a session of the UK Parliament and the State Opening of Parliament that begins the next session. The average length of prorogation since 2000 is approximately 18 days. The parliamentary session may also be prorogued before Parliament is dissolved. The power to prorogue Parliament belongs to the monarch, on the advice of the Privy Council. Like all prerogative powers, it is not left to the personal discretion of the monarch but is to be exercised, on the advice of the prime minister, according to law.

On 28 August 2019, the Parliament of the United Kingdom was ordered to be prorogued by Queen Elizabeth II on the advice of the Conservative prime minister, Boris Johnson – this advice was later ruled unlawful. The prorogation, or suspension, of Parliament was to be effective from some point between 9 and 12 September 2019 and would last until the State Opening of Parliament on 14 October 2019. As a consequence, Parliament was suspended between 10 September and 24 September 2019. Since Parliament was to be prorogued for five weeks and reconvene just 17 days before the United Kingdom's scheduled departure from the European Union on 31 October 2019, the move was seen by many opposition politicians and political commentators as a controversial and unconstitutional attempt by the prime minister to avoid parliamentary scrutiny of the Government's Brexit plans in the final weeks leading up to Brexit. Johnson and his Government defended the prorogation of Parliament as a routine political process that ordinarily follows the selection of a new prime minister and would allow the Government to refocus on a legislative agenda.

<i>R (Miller) v The Prime Minister</i> and <i>Cherry v Advocate General for Scotland</i> 2019 UK Supreme Court constitutional law cases

R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland, also known as Miller II and Miller/Cherry, were joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of the United Kingdom. Argued before the Supreme Court of the United Kingdom in September 2019, the case concerned whether the advice given by the prime minister, Boris Johnson, to Queen Elizabeth II that Parliament should be prorogued in the prelude to the United Kingdom's withdrawal from the European Union was lawful.

References

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  2. Sam Fowles, Proroguing parliament: what does it mean and can it be used to push through Brexit?, The Week, 5 luglio 2019.
  3. Even then closing the session had the effect not only of suspending, but of ending all pending matters, cancelling all work not completed; stopping all the offices including the Presidency. If a member of the opposition had succeeded in passing a proposal contrary to the Government views, or a project dissatisfied a part of the majority, the Cabinet should only close the session and the Ministry was removed from all embarrassment. For this reason, the Parliamentary power to recall itself was the frontier between the democratic evolution of the form of government and the Fascist reaction: (in Italian) Domenico Argondizzo, Felice Besostri, Giampiero Buonomo, Su alcune ragioni dell’evoluzione costituzionale nei Parlamenti operanti per sessioni, Consulta online, 2019, fasc. III, p. 427-438.
  4. Parliament of the United Kingdom. "About > How Parliament works > Parliamentary occasions > State Opening of Parliament". Queen's Printer. Archived from the original on 4 October 2007. Retrieved 13 January 2010.
  5. Parliament of the United Kingdom. "About > How Parliament works > Parliamentary occasions > Prorogation". Queen's Printer. Retrieved 13 January 2010.
  6. "Chronology of Parliaments". House of Representatives Practice (6th ed.). Parliament of Australia. pp. 808–812.
  7. Green, Antony (24 June 2015). "The Likely Political Consequences of Proposed Changes to the Senate's Electoral System". Australian Broadcasting Corporation. Retrieved 25 July 2015.
  8. 1 2 Karp, Paul (21 March 2016). "How the PM used an obscure part of the constitution to recall parliament". The Guardian. Retrieved 24 March 2016.
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  10. "Thousands protest Parliament's suspension". CBC. 23 January 2010. Retrieved 24 January 2010.
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