Legislature

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A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments; in the separation of powers model, they are often contrasted with the executive and judicial branches of government.

A deliberative assembly is a gathering of members who use parliamentary procedure to make decisions.

Authority is the right to exercise power, which can be formalized by a state and exercised by way of judges, appointed executives of government, or the ecclesiastical or priestly appointed representatives of a God or other deities. Authority, in the sense of "authorization", can also mean the right to complete an action or execute an order.

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Contents

Laws enacted by legislatures are known as primary legislation. Legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process.

Budget balance sheet or statement of estimated receipts and expenditures

A budget is a financial plan for a defined period, often one year. It may also include planned sales volumes and revenues, resource quantities, costs and expenses, assets, liabilities and cash flows. Companies, governments, families and other organizations use it to express strategic plans of activities or events in measurable terms.

The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber.

A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people of the state. Legislatures may be supra-national, national, regional, or local.

Democracy system of government in which citizens vote directly in or elect representatives to form a governing body, sometimes called "rule of the majority"

Democracy is a system of government where the citizens exercise power by voting. In a direct democracy, the citizens as a whole form a governing body and vote directly on each issue. In a representative democracy the citizens elect representatives from among themselves. These representatives meet to form a governing body, such as a legislature. In a liberal democracy the powers of the majority are exercised within the framework of a representative democracy, but the constitution limits the majority and protects the minority, usually through the enjoyment by all of certain individual rights, e.g. freedom of speech, or freedom of association.

Election Process by which a population chooses the holder of a public office

An election is a formal group decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary associations and corporations.

Terminology

Map showing the terminology for each country's national legislature Legislation Terminology Map.png
Map showing the terminology for each country's national legislature

Names for national legislatures include "parliament", "congress", "diet", and "assembly", depending on country.

Parliament legislature whose power and function are similar to those dictated by the Westminster system of the United Kingdom

In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries.The term is similar to the idea of a senate, synod or congress, and is commonly used in countries that are current or former monarchies, a form of government with a monarch as the head. Some contexts restrict the use of the word parliament to parliamentary systems, although it is also used to describe the legislature in some presidential systems, even where it is not in the official name.

A congress is a formal meeting of the representatives of different countries, The term, originally denoting a parley during battle in the Late Middle Ages, is derived from the Latin congressus.

In politics, a diet is a formal deliberative assembly. The term is mainly used historically for the Imperial Diet, the general assembly of the Imperial Estates of the Holy Roman Empire, and for the legislative bodies of certain countries. Modern usage mainly relates to the National Diet of Japan, or the German Bundestag, the Federal Diet.

Internal organization

Each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called a quorum.

Parliamentary procedure body of rules, ethics and customs governing meetings and other operations of legislative bodies and other deliberative assemblies

Parliamentary procedure is the body of rules, ethics and customs governing meetings and other operations of clubs, organizations, legislative bodies and other deliberative assemblies.

Quorum minimum number of members of a deliberative assembly necessary to conduct the business of that group

A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons."

Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of a few of the members of the chamber(s).

Committee body of one or more persons that is subordinate to a deliberative assembly

A committee is a body of one or more persons that is subordinate to a deliberative assembly. Usually, the assembly sends matters into a committee as a way to explore them more fully than would be possible if the assembly itself were considering them. Committees may have different functions and their types of work differ depending on the type of the organization and its needs.

The members of a legislature usually represent different political parties; the members from each party generally meet as a caucus to organize their internal affairs.

Power

Legislatures vary widely in the amount of political power they wield, compared to other political players such as judiciaries, militaries, and executives. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag, the Italian Parliament, and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by the Federal Parliament of Somalia) tied for least powerful. [1]

Some political systems follow the principle of legislative supremacy, which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution. Such a system renders the legislature more powerful.

In parliamentary and semi-presidential systems of government, the executive is responsible to the legislature, which may remove it with a vote of no confidence. On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. [2]

Legislatures will sometimes delegate their legislative power to administrative or executive agencies. [3]

Members

Legislatures are made up of individual members, known as legislators, who vote on proposed laws. A legislature usually contains a fixed number of legislators; because legislatures usually meet in a specific room filled with seats for the legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for, example, in the phrases "safe seat" and "marginal seat".

Chambers

The Congress of the Republic of Peru, the country's national legislature, meets in the Legislative Palace in 2010 Vista panoramica del Hemiciclo de sesiones del Congreso del Peru.jpg
The Congress of the Republic of Peru, the country's national legislature, meets in the Legislative Palace in 2010

A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies, called by various names including legislative chambers, debate chambers, and houses, which debate and vote separately and have distinct powers. A legislature which operates as a single unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral.

The British House of Commons, its lower house House of Commons Chamber 1.png
The British House of Commons, its lower house

In bicameral legislatures, one chamber is usually considered the upper house, while the other is considered the lower house. The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of the lower house. In some systems, particularly parliamentary systems, the upper house has less power and tends to have a more advisory role, but in others, particularly presidential systems, the upper house has equal or even greater power.

The German Bundestag, its theoretical lower house Deutscher Bundestag Plenarsaal Seitenansicht.jpg
The German Bundestag, its theoretical lower house

In federations, the upper house typically represents the federation's component states. This is a case with the supranational legislature of the European Union. The upper house may either contain the delegates of state governments as in the European Union and in Germany and, before 1913, in the United States  or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913.

The Australian Senate, its upper house Senate panorama.jpg
The Australian Senate, its upper house

Tricameral legislatures are rare; the Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White-minority rule in South Africa. Tetracameral legislatures no longer exist, but they were previously used in Scandinavia.

Size

Legislatures vary widely in their size. Among national legislatures, China's National People's Congress is the largest with 2,980 members, [4] while Vatican City's Pontifical Commission is the smallest with 7. [5] Neither legislature is democratically elected: the National People's Congress is indirectly elected. [4] [6]

Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to the cube root of its population; that is, the size of the lower house tends to increase along with population, but much more slowly. [7]

See also

Related Research Articles

Senate type of legislative body, often the upper house or chamber of a bicameral legislature

A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate, so-called as an assembly of the senior and therefore allegedly wiser and more experienced members of the society or ruling class. Thus, the literal meaning of the word "senate" is Assembly of Elders.

A member of parliament (MP) is the representative of the voters to a parliament. In many countries with bicameral parliaments, this category includes specifically members of the lower house, as upper houses often have a different title. Member of Congress is an equivalent term in other jurisdictions.

A bicameral legislature has legislators in two separate assemblies, chambers, or houses. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world's national legislatures are bicameral.

Tricameralism is the practice of having three legislative or parliamentary chambers. It is contrasted with unicameralism and bicameralism, both of which are far more common.

Speaker (politics) presiding officer of a deliberative assembly, especially a legislative body

The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.

National Assembly of Quebec single house of the Legislature of Quebec

The National Assembly of Quebec is the legislative body of the province of Quebec in Canada. Legislators are called MNAs. The Queen in Right of Quebec, represented by the Lieutenant Governor of Quebec and the National Assembly compose the Legislature of Quebec, which operates in a fashion similar to those of other Westminster-style parliamentary systems.

Massachusetts General Court legislature of Massachusetts

The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, when the colonial assembly, in addition to making laws, sat as a judicial court of appeals. Before the adoption of the state constitution in 1780, it was called the Great and General Court, but the official title was shortened by John Adams, author of the state constitution. It is a bicameral body. The upper house is the Massachusetts Senate which is composed of 40 members. The lower body, the Massachusetts House of Representatives, has 160 members. It meets in the Massachusetts State House on Beacon Hill in Boston.

Colorado General Assembly State legislature

The Colorado General Assembly is the state legislature of the State of Colorado. It is a bicameral legislature that was created by the 1876 state constitution. Its statutes are codified in the Colorado Revised Statutes (C.R.S.). The session laws are published in the Session Laws of Colorado.

North Carolina General Assembly legislature of North Carolina

The North Carolina General Assembly is the bicameral legislature of the State government of North Carolina. The legislature consists of two chambers: the Senate and the House of Representatives. The General Assembly meets in the North Carolina Legislative Building in Raleigh, North Carolina, United States.

An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. Examples of upper houses in countries include the Australian Senate, Brazil's Senado Federal, the Canadian Senate, France's Sénat, India's Rajya Sabha, Ireland's Seanad, Malaysia's Dewan Negara, Myanmar's Amyotha Hluttaw, the Netherlands' Eerste Kamer, Pakistan's Senate of Pakistan, Russia's Federation Council, Switzerland's Council of States, United Kingdom's House of Lords and the United States Senate.

Lower house chamber of a bicameral legislature

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.

Maryland Senate upper house of the Maryland General Assembly

The Maryland Senate, sometimes referred to as the Maryland State Senate, is the upper house of the General Assembly, the state legislature of the U.S. state of Maryland. Composed of 47 senators elected from an equal number of constituent single-member districts, the Senate is responsible, along with the Maryland House of Delegates, for passage of laws in Maryland, and for confirming executive appointments made by the Governor of Maryland.

A legislative chamber or house is a deliberative assembly within a legislature which generally meets and votes separately from the legislature's other chambers. Legislatures are usually unicameral, consisting of only one chamber, or bicameral, consisting of two, but there are rare examples of tricameral and tetracameral legislatures.

Government of South Africa

The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority is vested in the President of South Africa who is head of state and head of government, and his Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the South African Constitution as "distinctive, interdependent and interrelated".

Congress of the Republic of Peru unicameral body that assumes legislative power in Peru

The Congress of the Republic of Peru is the unicameral body that assumes legislative power in Peru.

A Member of the Legislative Assembly (MLA), or a Member of the Legislature (ML), is a representative elected by the voters of a constituency to the legislature or legislative assembly of a sub-national jurisdiction.

Philippine Legislature legislature of the Philippines from 1907 to 1935, during colonial rule by the U.S.

The Philippine Legislature was the legislature of the Philippines from 1907 to 1935, during the American colonial period, and predecessor of the current Congress of the Philippines. It was bicameral and the legislative branch of the Insular Government.

Multicameralism parliament with two or more chambers

In contrast to unicameralism, multicameralism is the condition in which a legislature is divided into several deliberative assemblies, which are commonly called "chambers" or "houses". This can include bicameralism with two chambers, tricameralism with three, tetracameralism with four branches, or a system with any amount more. The word "multicameral" can also relate in other ways to its literal meaning of "many chambered" with use in science or biology.

Constitution of Somalia

The Provisional Constitution of the Federal Republic of Somalia is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. The Provisional Constitution was adopted on August 1, 2012 by a National Constitutional Assembly in Mogadishu, Banaadir.

References

  1. Fish, M. Steven; Kroenig, Matthew (2009). The handbook of national legislatures: a global survey. Cambridge University Press. ISBN   978-0-521-51466-8.
  2. "Governing Systems and Executive-Legislative Relations (Presidential, Parliamentary and Hybrid Systems)". United Nations Development Programme. Archived from the original on 2008-10-17. Retrieved 2008-10-16.
  3. Schoenbrod, David (2008). "Delegation". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 117–18. doi:10.4135/9781412965811.n74. ISBN   978-1-4129-6580-4. LCCN   2008009151. OCLC   750831024.
  4. 1 2 "IPU PARLINE database: "General information" module". IPU Parline Database. International Parliamentary Union. Retrieved 30 April 2019.
  5. "Vatican City State". Vatican City State. Retrieved 30 April 2019.
  6. Pope John Paul II (26 November 2000). "Fundamental Law of Vatican City State" (PDF). Vatican City State. Archived from the original (PDF) on 26 February 2008. Retrieved 30 April 2019.
  7. Frederick, Brian (December 2009). "Not Quite a Full House: The Case for Enlarging the House of Representatives". Bridgewater Review. Retrieved 2016-05-15.

Further reading