An upper house is one of two chambers of a bicamerallegislature, the other chamber being the lower house.[1] 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 (and which therefore has neither an upper house nor a lower house) is described as unicameral.
It may have equal or nearly equal power with the lower house.
It may have specific powers not granted to the lower house. For example:
It may give advice and consent to some executive decisions (e.g. appointments of cabinet ministers, judges or ambassadors).
It may have the sole power to try (but not necessarily initiate) impeachment cases against officials of the executive or even judicial branch, following enabling resolutions passed by the lower house.
In semi-presidential France, the Government can decide to legislate a normal law without the Sénat's agreement (Article 45 of the constitution), but...
It may have equal power to the lower house regarding the constitution or the territorial collectivities.
It may not vote a motion of no confidence against the government, but it may investigate State cases.[clarification needed]
It may make propose bills for consideration by the lower house.
Status:
In some countries, its members are not popularly elected; membership may be indirect, ex officio or by appointment.
Its members may be elected with a different voting system than that used to elect the lower house (for example, upper houses in Australia and its states are usually elected by proportional representation, whereas lower houses are usually not).
Less populated states, provinces, or administrative divisions may be better represented in the upper house than in the lower house; representation is not always intended to be proportional to population.
Members' terms may be longer than in the lower house and may be for life.
Members may be elected in portions, for staggered terms, rather than all at one time.
In some countries, the upper house cannot be dissolved at all, or can be dissolved only in more limited circumstances than the lower house.
It typically has fewer members or seats than the lower house (though notably not in the United Kingdom parliament).
It has usually a higher age of candidacy than the lower house.
In parliamentary systems the upper house is frequently seen as an advisory or a "house of review" chamber; for this reason, its powers of direct action are often reduced in some way.[2] Some or all of the following restrictions are often placed on upper houses:
Lack of control over the executive branch. (By contrast, in the US and many other presidential systems, the Senate or upper chamber has more control over the composition of the Cabinet and the administration generally, through its prerogative of confirming the president's nominations to senior offices.)
No absolute veto of proposed legislation, though suspensive vetoes are permitted in some states.
In countries where it can veto legislation (such as the Netherlands), it may not be able to amend the proposals.
A reduced or even absent role in initiating legislation.
No power to block supply, or budget measures. (A rare example of a parliamentary upper house that does possess this power is the Australian Senate, which notably exercised that power in 1975.)
In parliamentary democracies and among European upper houses the Italian Senate is a notable exception to these general rules, in that it has the same powers as its lower counterpart: any law can be initiated in either house and must be approved in the same form by both houses. Additionally, a Government must have the consent of both to remain in office, a position which is known as "perfect bicameralism" or "equal bicameralism."
The chamber of the House of Lords, the UK's Upper House
The role of a revising chamber is to scrutinise legislation that may have been drafted over-hastily in the lower house and to suggest amendments that the lower house may nevertheless reject if it wishes to. An example is the British House of Lords. Under the Parliament Acts 1911 and 1949, the House of Lords can no longer prevent the passage of most bills, but it must be given an opportunity to debate them and propose amendments, and can thereby delay the passage of a bill with which it disagrees. Bills can only be delayed for up to one year before the Commons can use the Parliament Act, although economic bills can only be delayed for one month.
The House of Lords is sometimes seen as having a special role of safeguarding the uncodified Constitution of the United Kingdom and important civil liberties against ill-considered change.
The House of Lords has a number of ways to block legislation and to reject it; however, the House of Commons can eventually use the Parliament Act to force something through. The Commons will often accept amendments passed by the Lords; however, the two houses have sometimes reached a constitutional standoff. For example, when the Labour Government of 1999 tried to expel all hereditary peers from the Lords, the Lords threatened to wreck the Government's entire legislative agenda and to block every bill which was sent to the chamber. This standoff led to negotiations between Viscount Cranborne, the then Shadow Leader of the House, and the Labour Government, resulting in the Weatherill Amendment to the House of Lords Act 1999, which preserved 92 hereditary peers in the house. Compromise and negotiation between the two houses make the Parliament Act a very rarely used backup plan.
Even without a veto, an upper house may defeat legislation. Its opposition may give the lower chamber a chance to reconsider or even abandon a controversial measure. It can also delay a bill so that it does not fit within the legislative schedule, or until a general election produces a new lower house that no longer wishes to proceed with the bill.
Nevertheless, some states have long retained powerful upper houses. For example, the consent of the upper house to legislation may be necessary (though, as noted above, this seldom extends to budgetary measures). Constitutional arrangements of states with powerful upper houses usually include a means to resolve situations where the two houses are at odds with each other.
In recent times, parliamentary systems have tended to weaken the powers of upper houses relative to their lower counterparts. Some upper houses have been fully abolished; others have had their powers reduced by constitutional or legislative amendments. Also, conventions often exist that the upper house ought not to obstruct the business of government for frivolous or merely partisan reasons. These conventions have tended to harden with a passage of time.
Presidential systems
In presidential systems, the upper house is frequently given other powers to compensate for its restrictions:
Executive appointments, to the cabinet and other offices, usually require its approval.
It frequently has the sole authority to give consent to ratify and abrogate foreign treaties.
Institutional structure
There are a variety of ways an upper house's members are assembled: by direct or indirect election, appointment or a mixture of these. Many upper houses are not directly elected but appointed: either by the head of state, by the head of government or in some other way. This is usually intended to produce a house of experts or otherwise distinguished citizens, who would not necessarily be returned in an election. For example, members of the Senate of Canada are appointed by the Governor General on the advice of the Prime Minister.
In the past, some upper houses had seats that were entirely hereditary, such as in the British House of Lords until 1999 and in the Japanese House of Peers until it was abolished in 1947.
It is also common that the upper house consists of delegates chosen by state governments or local officials. Members of the Rajya Sabha in India are nominated by various states and union territories, while 12 of them are nominated by the President of India. Similarly, at the state level, one-third of the members of the State Legislative Council (Vidhan Parishad) are nominated by local governments, one-third by sitting legislators, and the rest are elected by select members of the electorate. The United States Senate was chosen by state legislatures until the passage of the Seventeenth Amendment in 1913.
The upper house may be directly elected but in different proportions to the lower house - for example, the senates of Australia, Brazil and the United States have a fixed number of elected members from each state, regardless of the population.
Nebraska is the only state in the United States with a unicameral legislature, having abolished its lower house in 1934, while the Senate of Nebraska, the upper house prior to 1934, continues to assemble.
The Australian state of Queensland also once had an appointed Legislative Council before abolishing it in 1922. All other Australian states continue to have bicameral systems, though all members are now directly elected (the two self-governing territories, along with Norfolk Island until 2016, have always been unicameral).
The Senate of the Philippines was abolished – and restored – twice: from 1935 to 1945 when a unicameral National Assembly convened, and from 1972 to 1987 when Congress was closed, and later a new constitution was approved instituting a unicameral Parliament. The Senate was re-instituted with the restoration of a bicameral Congress via a constitutional amendment in 1941, and via adoption of a new constitution in 1987.
A previous government of Ireland (the 31st Dáil) promised a referendum on the abolition of its upper house, the Seanad Éireann, during the 24th Seanad session. By a narrow margin, the Irish public voted to retain it. Conservative-leaning Fine Gael and Left-leaning Sinn Féin both supported the abolition, while the centrist Fianna Fáil was alone among major parties in supporting the retention of the Seanad.
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 Westminster Parliament in England and later 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 legislature is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government. Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational. Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities.
In the United States, the state legislature is the legislative branch in each of the 50 U.S. states.
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. Members of parliament typically form parliamentary groups, sometimes called caucuses, with members of the same political party. Many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members often have a different title. The terms congressman/congresswoman or deputy are equivalent terms used in other jurisdictions. The term parliamentarian is also sometimes used for members of parliament, but this may also be used to refer to unelected government officials with specific roles in a parliament and other expert advisers on parliamentary procedure such as the Senate parliamentarian in the United States. The term is aMembers of parliament typically form parliamentary groups, sometimes called caucuses, with members of the same political party.lso used to the characteristic of performing the duties of a member of a legislature, for example: "The two party leaders often disagreed on issues, but both were excellent parliamentarians and cooperated to get many good things done."
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
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 the world's national legislatures are bicameral, while unicameralism represents 60% nationally and much more at the subnational level.
The Congress of the Philippines is the legislature of the national government of the Philippines. It is bicameral, composed of an upper body, the Senate, and a lower body, the House of Representatives, although colloquially, the term "Congress" commonly refers to just the latter. The Senate meets at the GSIS Building in Pasay, while the House of Representatives meets at the Batasang Pambansa in Quezon City, which also hosts joint sessions.
The New Zealand Parliament is the unicameral legislature of New Zealand, consisting of the Sovereign (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865 and in its current building since 1922.
Tricameralism is the practice of having three legislative or parliamentary chambers. It is contrasted with unicameralism and bicameralism, which are both far more common.
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.
The Senate is the upper house of the Polish parliament, the lower house being the Sejm. The history of the Polish Senate stretches back over 500 years; it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the final partition of the Polish state in 1795. The contemporary Senate is composed of 100 senators elected by a universal ballot and is headed by the Marshal of the Senate. The incumbent Marshal of the Senate is Małgorzata Kidawa-Błońska.
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.
The State Legislative Assembly, or Vidhana Sabha, or Saasana Sabha, is a legislative body in each of the states and certain union territories of India. In 28 states and 8 union territories, there is a unicameral legislature which is the sole legislative body. In 6 states, the legislative assembly is the lower house of their bicameral legislature with the upper house being the State Legislative Council. 5 union territories are governed directly by the Union Government of India and have no legislative body.
A member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.
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.
The Senate was the upper chamber of the parliament of Ceylon established in 1947 by the Soulbury Commission. The Senate was appointed and indirectly elected rather than directly elected. It was housed in the old Legislative Council building in Colombo Fort and met for the first time on 12 November 1947. The Senate was abolished on 2 October 1971 by the eighth amendment to the Soulbury Constitution, prior to the adoption of the new Republican Constitution of Sri Lanka on 22 May 1972. In 2010 there were proposals to reintroduce the Senate.
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.
A government trifecta is a political situation in which the same political party controls the executive branch and both chambers of the legislative branch in countries that have a bicameral legislature and an executive that is not fused. The term is primarily used in the United States, where the term originated—being borrowed from horse race betting.
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