Tricameralism

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

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Varieties of tricameralism

A disputed type of tricameralism is one where there are two legislative bodies, elected or appointed separately, and a third consisting of all members of the two, meeting together. In cases where this is considered tricameralism, such as the Manx Tynwald, the Indonesian People's Consultative Assembly, and the Icelandic Althing (from 1874 to 1991), there is generally an explicit, routine role for the unified house, which distinguishes it from bicameral systems where a joint sitting of the two bodies is used to resolve deadlocks or for special sessions, which is true in several parliaments including Australia, Switzerland and India. Arguments over whether tricameralism should be construed to include this or not are primarily semantic.

Less ambiguous examples in which three bodies each are chosen separately and meet and debate separately have also existed. The word could describe the Ancien Régime era French Estates-General, though similar semantic argument are applied since it sometimes met in joint session. The South African Parliament established under the apartheid regime's 1983 constitution was tricameral, as was the Chinese 1947 Constitution and Simón Bolívar's model state. A common feature in these bodies, which also casts some doubt on the appropriateness of the name, is that in several cases one of the three legislatures is not principally concerned with legislating.

No national government is currently organized along tricameral lines.

Icelandic tricameralism

Once the Icelandic Parliament was restored by royal decree in 1844, it originally operated unicamerally from 1845 to 1874 when it became principally bicameral with an additional third chamber, known as Unified Parliament. The third chamber consisted of the union of the other two and deliberated as a single body, which makes some scholars classify it as only a bicameral system. However, the third chamber did have its own speaker distinct from the speakers for the other two chambers:

The Icelandic Parliament followed the legislatures of Denmark and Sweden and became unicameral once more in 1991.

Indonesian tricameralism

Following amendments to the Constitution of Indonesia in the late 1990s and early 2000s, which became effective in 2004, the Indonesian parliament consists of three institutions (of which one consists of the members of the other two), similarly to the Icelandic and Isle of Man tricameralism:

Like the Icelandic Unified Parliament, the Indonesian People's Consultative Assembly has a speaker and deputy speakers distinct from those of the DPR and DPD.

South African tricameralism

In 1983, South Africa's apartheid government put forward a constitution providing for a tricameral legislature. On 2 November, around seventy percent of the country's White minority voted in favour of the changes Black, Coloured and Indian South Africans were not consulted.

The South African tricameral parliament consisted of three race-based chambers:

Black South Africans, who made up a majority of the population, were considered citizens of the bantustans and received no representation.

The creation of the tricameral parliament was controversial on two fronts. On the one hand, many White conservatives disliked the idea of non-Whites participating in Parliament at all. The dispute was a factor in the creation of the Conservative Party, a breakaway from the dominant National Party. On the other hand, many Coloured and Indian people rejected the system as a sham, saying that the chambers reserved for them were powerless.

The tricameral parliament was not particularly strong. The 1983 constitution significantly weakened the powers of parliament and abolished the position of Prime Minister. Most authorities were transferred to the State President, including the power to appoint the Cabinet. This was seen by many as an attempt to limit the power of Coloureds and Indians not only were the non-White houses less powerful than the White one, but parliament itself was subordinate to a State President who was White.

Bolívar's tricameralism

Simón Bolívar, the South American revolutionary leader, included a tricameral legislature as part of his proposals for a model government. Bolívar described the three houses as follows:

Bolívar intended his model government to function as a parliamentary system, and so the tricameral parliament was expected to govern through the active administration of the cabinet ministers who would be accountable to it. Bolívar was explicit in many of his writings, particularly in his Message to the Congress of Angostura on how his proposed system was meant to reflect the way the British parliamentary system works. His proposal for Censors was not for them to act as legislators but rather to act as an office similar to an Ombudsman. As such, some opinions differ on whether his system could truly be classified as a tricameral parliament, considering that the Censors were not true legislators, but seemed to represent a separate branch of government altogether.

Despite Bolívar's huge influence in South America, no country in the region employs his tricameral parliament. Early attempts to implement the model, such as in Bolivia, were not successful, although the chaos of the period was likely a factor in this outcome.[ citation needed ] As a result of not adopting Bolívar's British-inspired parliamentary system, numerous celebrated political scientists like the late Juan Linz and many others have observed that the decision of many Latin American countries to model their systems of government on the presidential system of the United States has led to numerous examples of political instability and subsequent descent into dictatorship or chaos.[ citation needed ]

French tricameralism

Monarchism

Some historians view the French States-General as an example of a tricameral legislature. The States-General evolved gradually over time and provided advice on various matters (including legislative issues) to the King. The three Estates were the simply labeled First (consisting of clergy), Second (consisting of nobility), and Third (consisting of commoners).

There are two distinct problems with regarding the States-General as a tricameral legislature, however. First, the States-General never had any formal powers to legislate, although, at times, it played a major role in the King's legislative activity. Second, the division between the three estates was not always maintained the estates sometimes deliberated separately, but at other times, they deliberated as a single body, undermining the idea of tricameralism.

Consulate

The French Consulate (and later First French Empire, although the lower two chambers were by then entirely without power) had a tricameral legislature, consisting of:

Whether the Sénat was part of legislature, however, is open to doubt, because Sieyès (the main instigator of the Consulate's Constitution and later president of this Senate) described it as belonging to an altogether different power beyond the executive, legislative and judiciary: the conservative power. In effect, Napoléon made the Sénat into a political élite to back his power as Consul and later as Emperor, whereas the other two chambers were subdued into submission. In 1807, the Tribunat was definitely abolished.

Chinese tricameralism

The 1947 Constitution of the Republic of China has three chambers of parliament that are elected. Governmental organs of the constitution follow the outline proposed by Sun Yat-sen and supported by the Kuomintang (Nationalist Party), while also incorporating the opinions of the federalism supporting Communist Party in the 1940s. The separation of powers was designed by Carsun Chang, a founding member of the China Democratic League.

As the mechanism is significantly different from the Western trias politica, the grand justices has an interpretation which ruled that these three organs all bear characteristics equivalent to a "parliament". [1]

However, the government of the Republic of China lost the Chinese Civil War in 1949 and retreated to Taiwan. A set of temporary provisions were passed by the National Assembly to gather more powers to the President and limit the functions of the tricameral parliament. Members of the tricameral parliament elected in China in 1947 and 1948 kept serving on Taiwan without reelection until 1991.

After a series of constitutional amendments in the 1990s in Taiwan, the new set of temporary separate Additional Articles of the Constitution have changed the Legislative Yuan to a unicameral parliament although the tricameral parliament continues to nominally exist. The Control Yuan was made a separate branch of government, while the National Assembly was shut down entirely in June 2005.

European Union

The European Union is sometimes considered to be tricameral, composed of the European Parliament, the European Council, and the European Commission. [2] However, the chambers' powers are different and the Commission is sometimes considered to be an executive branch, resulting in a bicameral system.

Other examples

Roman Republic

Chart showing the checks and balances of the Constitution of the Roman Republic. Roman constitution.png
Chart showing the checks and balances of the Constitution of the Roman Republic.

The Roman Republic had three legislative assemblies that worked with the Roman Senate of the patrician class. These include:

The Senate and the assemblies worked together to appoint magistrates, enact laws, and territorial holdings issues. [3]

Former Yugoslavia

The Socialist Republic of Croatia, as well as all other federal units of Socialist Federal Republic of Yugoslavia (according to the provisions of the 1974 Constitution) had three houses of parliament (Sabor Socijalističke republike Hrvatske, now Hrvatski sabor): Socio-Political Council (Društveno-političko vijeće), Council of Municipalities (Vijeće općina) and Council of Associated Labor (Vijeće udruženog rada). This was abolished by the new constitution as Croatia gained independence in 1990.

Isle of Man

The parliament of the Isle of Man, Tynwald, is sometimes called tricameral, but this description is not universally accepted. The two branches of Tynwald are the House of Keys and the Legislative Council. The Tynwald Court consists of the members of both houses meeting together regularly. Some[ who? ] argue that this counts as a third house. Others[ who? ] disagree, saying that as there are no members of the Court who are not also members of the other houses, the Court should not be considered separately. Similar sittings of two combined houses take place in Australia, Switzerland and India where deadlocks between the two Houses can sometimes be resolved by a joint sitting. It is a matter of semantics whether or not such arrangements are described as "tricameral".)

Taking the expression literally, Tynwald is tricameral in that there are three separate chambers (rooms) in use for the sessions.

Church of England

The General Synod of the Church of England is sometimes described as tricameral. It is divided into a House of Bishops, the House of Clergy and the House of Laity. As the Church of England is the state church of England, the Parliament of the United Kingdom has given the General Synod the power (subject to veto) to make law relating to the Church.

Medieval Ireland

In the fifteenth century, secular clergy of each diocese sent two proctors to the Parliament of Ireland, who met separately from the House of Commons and the House of Lords. In 1537, their right to membership was revoked after they opposed the Reformation in Ireland. [4] [5]

Labor unions

Tricameral meeting arrangements are a growing trend in labor unions where some members will always be working on one of three shifts. Under such arrangements, each shift will have its own meeting, but the action of one meeting will have to be adopted by the other two. [6]

Queen's University

The governing authority of Queen's University at Kingston principally follows a bicameral structure commonly seen in Canadian universities, with split primarily between a Board of Trustees and a Senate, each of which has exclusive authority over non-academic and academic matters. This arrangement is found at a number of other Canadian universities, such as the University of Waterloo.

Queen's University, however, additionally has a University Council with advisory and ceremonial functions, including the appointment of the university Chancellor (a purely ceremonial position). Although the University Council does not have any real power to govern the university, it has exclusive power to determine its own composition and the selection of its members, meaning it is not subordinate to the Board and/or Senate. The University Council was made by the Parliament of Canada and only there can it be unmade.

See also

Related Research Articles

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<span class="mw-page-title-main">Parliament</span> Legislative body of government

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<span class="mw-page-title-main">Legislature</span> Deliberative assembly that makes laws

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<span class="mw-page-title-main">Speaker (politics)</span> Presiding officer of a legislative body

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<span class="mw-page-title-main">Senate of Romania</span> Upper house in the bicameral Parliament of Romania

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<span class="mw-page-title-main">Legislative chamber</span> Assembly of representatives of a representative democracy

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. The Socialist Federal Republic of Yugoslavia is the only country documented as having a pentacameral legislature.

<span class="mw-page-title-main">Parliament of the Bahamas</span> Bicameral legislature of The Bahamas

The Parliament of The Bahamas is the bicameral national parliament of the Commonwealth of The Bahamas. The parliament is formally made up of the sovereign, an appointed Senate, and an elected House of Assembly. It currently sits at the Bahamian Parliament Building in Nassau, the national capital.

<span class="mw-page-title-main">Tricameral Parliament</span> 1984–1994 legislature of South Africa

The Tricameral Parliament, officially the Parliament of the Republic of South Africa, was the legislature of South Africa between 1984 and 1994, established by the South African Constitution of 1983, which gave a limited political voice to the country's Coloured and Indian population groups. The majority African population group was however still excluded, their interests notionally represented in the governments of the black homelands, or "bantustans", of which they were formally citizens. As the bantustans were largely politically impotent, its principal effect was to further entrench the political power of the White section of the South African population.

<span class="mw-page-title-main">National Assembly (Haiti)</span> Bicameral legislature of the Republic of Haiti

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<span class="mw-page-title-main">Multicameralism</span> Legislature with three or more chambers

In contrast to unicameralism, and bicameralism, multicameralism is the condition in which a legislature is divided into more than two deliberative assemblies, which are commonly called "chambers" or "houses". This usually includes tricameralism with three chambers, but can also describe 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.

House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often called a "Senate". In some countries, the House of Representatives is the sole chamber of a unicameral legislature.

References

  1. "J.Y. Interpretation No. 76". www.judicial.gov.tw.
  2. "Types of institutions and bodies". European Union . Retrieved 12 January 2022.
  3. "Roman Republic". National Geographic .
  4. Richardson, H. G. (October 1943). "The Irish Parliament Rolls of the Fifteenth Century". The English Historical Review. Oxford University Press. 58 (232): 448–461: 451. doi:10.1093/ehr/LVIII.CCXXXII.448. JSTOR   553673.
  5. Bray, Gerald Lewis (2006). Ireland, 1101-1690. Boydell & Brewer Ltd. pp. 18, 52. ISBN   9781843832324 . Retrieved 17 June 2017.; "[1537 (28 Hen. 8) c. 12] An Act against proctors to be any member of the Parliament. Rot. Parl. cap. 19.". The Statutes at Large Passed in the Parliaments Held in Ireland. Vol. 1: 1310–1612. B. Grierson. 1765. pp. 102–103.
  6. Meetings of Members Working in Shifts