Notes
- ↑ Sentencia de 13 de febrero de 1981, Tribunal Constitucional de España
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An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain has ruled that Spain's Organic Laws are not hierarchically superior to ordinary laws, but simply apply to different matters. [1] ) Ordinary laws often govern areas beyond the scope of constitutional or organic laws.
Normally, in a democracy, an ordinary law must first obtain a simple majority of a congress, parliament, or other legislature, and then be signed into law by the representative of executive power. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may be initiated by either house of a bicameral legislature or from the sole house of a unicameral legislature; from the head of government or head of state; or by popular initiative. Different jurisdictions may allow ordinary laws to be proposed by one or all of these means, and may have restrictions on which body may take the initiative for certain types of laws (for example, in some bicameral systems, tax-related laws must begin in the lower chamber of the legislature). In some jurisdictions, the legislature has a means to override an executive veto by a supermajority, or the voting populace have the means to override a law by a referendum.
Under federal systems, ordinary laws may be created at the level of a sovereign state but also by its constituent components: for example, by states of the United States or autonomous communities of Spain. An ordinary law needs to be passed by the lower house.
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Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with others. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in monarchies, but also parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.
The Westminster system, or Westminster model, is a type of parliamentary government that incorporates a series of procedures for operating a legislature, first developed in England. Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is separate from the head of government. The term derives from the Palace of Westminster, which has been the seat of the Parliament of the United Kingdom since the 13th century. The Westminster system is often contrasted with the presidential system that originated in the United States, or with the semi-presidential system, based on the government of France.
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 considered wiser and more experienced members of the society or ruling class. However the Roman Senate was not the ancestor or predecessor of modern parliamentarism in any sense, because the Roman senate was not a de jure legislative body.
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
A parliamentary system, or parliamentary democracy, is a system of democratic government where the head of government derives their democratic legitimacy from their ability to command the support ("confidence") of the legislature, typically a parliament, to which they are accountable.
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 world's national legislatures are bicameral, while unicameralism represents 60% nationally and much more at the subnational level.
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 Congress of the Philippines is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives, although colloquially the term "Congress" commonly refers to just the latter, and an upper body, the Senate. The House of Representatives meets in the Batasang Pambansa in Quezon City while the Senate meets in the GSIS Building in Pasay.
The Senate is the upper house of the Cortes Generales, which along with the Congress of Deputies – the lower chamber – comprises the Parliament of the Kingdom of Spain. The Senate meets in the Palace of the Senate in Madrid.
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.
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. A legislature composed of only one house is described as unicameral.
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise exert significant political influence. The lower house, typically, is the larger of the two chambers, meaning its members are more numerous.
The Congress of the Republic of Colombia is the name given to Colombia's bicameral national legislature.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.
The right of (legislative) initiative is the constitutionally defined power to propose a new law (bill) in a legislature.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The Constitution of the Philippines is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987.
Semi-parliamentary system can refer to either a prime-ministerial system, in which voters simultaneously vote for both members of legislature and the prime minister, or to a system of government in which the legislature is split into two parts that are both directly elected – one that has the power to remove the members of the executive by a vote of no confidence and another that does not. The former was first proposed by Maurice Duverger, who used it to refer to Israel from 1996 to 2001. The second was identified by German academic Steffen Ganghof.
In the United States, the president can use the veto power to prevent a bill passed by the Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers.