Tricameralism

Last updated

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.

Contents

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 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. However, 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.

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 population voted in favour of the changes black South Africans were not consulted – and under the proposal they continued to be denied representation since in theory they were citizens of independent or autonomous Bantustans.

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

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 people of color and Asians 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 of Parliament less powerful than the 'white' one, but parliament itself was subordinate to a white President.

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 weren't 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). (The term "fourth estate", referring to the press, derives from this system, but was coined long after the revolution that abolished the States General).

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 argue that this counts as a third house. Others 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 (by comparison, in Australia, Switzerland and India 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]

Related Research Articles

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

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. 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.

<span class="mw-page-title-main">Senate</span> Upper house 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 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 legislative body.

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

A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.

<span class="mw-page-title-main">Government of Venezuela</span> Federal presidential republic

Venezuela is a federal presidential republic. The chief executive is the President of Venezuela who is both head of state and head of government. Executive power is exercised by the President. Legislative power is vested in the National Assembly.

<span class="mw-page-title-main">Legislative Yuan</span> Unicameral national legislature of the Republic of China (Taiwan)

The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei. The Legislative Yuan is composed of 113 members, who are directly elected for 4-year terms by people of the Taiwan Area through a parallel voting system.

Bicameralism is a type of legislature, one 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 2015, about 40% of world's national legislatures are bicameral, and about 60% are unicameral.

Unicameralism is a type of legislature, which consists of one house or assembly, that legislates and votes as one.

<span class="mw-page-title-main">Speaker (politics)</span> Presiding officer of a national assembly, 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.

<span class="mw-page-title-main">Control Yuan</span> Investigative agency of the Republic of China government

The Control Yuan is the supervisory and auditory branch of the government of the Republic of China (Taiwan). Prior to constitutional reforms in the 1990s, the Control Yuan, along with National Assembly and the Legislative Yuan formed the national tricameral parliament. It functioned similarly to an upper house of a bicameral legislature, though it formed its own separate branch and was indirectly elected by provincial or municipal legislatures with 178 seats.

<span class="mw-page-title-main">Landtag</span> German and Austrian state legislature

A Landtag is generally the legislative assembly or parliament of a federated state or other subnational self-governing entity in German-speaking nations. It is usually a unicameral assembly exercising legislative competence in non-federal matters.

<span class="mw-page-title-main">Congress of the Dominican Republic</span> Bicameral legislature of the Dominican Republic

The Congress of the Dominican Republic is the bicameral legislature of the government of the Dominican Republic, consisting of two houses, the Senate and the Chamber of Deputies. Both senators and deputies are chosen through direct election. There are no term limits for either chamber.

<span class="mw-page-title-main">National Congress of Brazil</span> National legislature of Brazil

The National Congress of Brazil is the legislative body of Brazil's federal government. Unlike the state legislative assemblies and municipal chambers, the Congress is bicameral, composed of the Federal Senate and the Chamber of Deputies. The Congress meets annually in Brasília from 2 February to 22 December, with a mid-term break taking place between 17 July and 1 August.

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

The Senate is the upper house in the bicameral Parliament of Romania. It has 136 seats, to which members are elected by direct popular vote using party-list proportional representation in 43 electoral districts, to serve four-year terms.

<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 to 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 Black 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 these institutions 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

The National Assembly is the bicameral legislature of the Republic of Haiti, consisting of the upper house as the Senate (Sénat) and the lower house as the Chamber of Deputies. Both assemblies conduct legislative sessions at the Haitian capital of Port-au-Prince.

<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 entitles. 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.

<span class="mw-page-title-main">History of the Costa Rican legislature</span>

The history of the Costa Rican legislature is long and starts from even before its formal independence from the Spanish Empire. Costa Rica is one of the world's oldest democracies, thus, its parliamentary history dates back several centuries.

References

  1. J.Y. Interpretation No. 76
  2. "EU Bodies". EU. Retrieved 12 January 2022.
  3. Roman Republic
  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