Legislature

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 (such as the European Parliament). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities.

Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved.

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 house.

Terminology

Map showing the terminology for each country's national legislature

The name used to refer to a legislative body varies by country.

Common names include:

Assembly (from Old French asemblee, cf. assemble)
Congress (from Latin congressum, "having gone together")
Council (from Latin concilium, "calling out with, uniting")
Diet (from Ancient Greek díaita, "lifestyle, discussion, decision")
Estates or States (from Old French estat, "condition, state, the state")
Parliament (from Old French parlement, "talking")

The Palazzo Madama is the seat of the upper house of the Italian Parliament, the Senate of the Republic

By names:

By languages:

Cortes (from Spanish cortes, "courts")
Duma (from Russian dúma, "thought")
Knesset (from Hebrew k'néset, "meeting")
Majlis (from Arabic majlis, "sitting room")
Oireachtas (From Irish airecht/oireacht, "deliberative assembly of freemen")
Rada (from Polish rada, "'advice, decision")
Reichstag (from German Reichstag, "assembly of the empire")
- Landtag (from German Landtag, "assembly of the country")
Sansad (from Sanskrit saṃsada, "assembly")
Sejm (from Polish sejm, "take with, assembly")
Soviet (from Russian sovét, "council")
Thing (from Proto-Germanic *þingą, "meeting, matter discussed at a meeting")
- Husting (from Old Norse húsþing, "house meeting")
Veche (from Old East Slavic věče, "council, agreement")

Though the specific roles for each legislature differ by location, they all aim to serve the same purpose of appointing officials to represent their citizens to determine appropriate legislation for the country.

History

Among the earliest recognised formal legislatures was the Athenian Ecclesia.^[1] In the Middle Ages, European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures.^[1] These were often named the Estates. The oldest surviving legislature is the Icelandic Althing, founded in 930 CE.^[2]

Functions

Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight.^[1]

Representation

There exist five ways that representation can be achieved in a legislature:^[1]

Formalistically: how the rules of the legislature ensure representation of constituents;
Symbolically: how the constituents perceive their representatives;
Descriptively: how well the composition of the legislature matches the demographics of the wider society;
Substantively: how well representatives actually respond to the needs of their constituents;
Collectively: how well the representatives represent the interests of the society as a whole.

Deliberation

One of the major functions of a legislature is to discuss and debate issues of major importance to society.^[1] This activity can take place in two forms. In debating legislatures, such as the Parliament of the United Kingdom, the floor of the legislature frequently sees lively debate.^[1] In contrast, in committee-based legislatures like the United States Congress, deliberation takes place in closed committees.^[1]

Legislation

While legislatures have nominally the sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures the executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of the Americas have more independence in drafting and amending bills.^[3]

Authorizing expenditure

The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to the European assemblies of nobility which the monarchs would have to consult before raising taxes.^[4] For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information.^[4]

Oversight

There are several ways in which the legislature can hold the executive branch (the administration or government) accountable. This can be done through hearings, questioning, interpellations, votes of confidence, the formation of committees.^[5] Parliaments are usually ensured with upholding the rule of law, verifying that public funds are used accountably and efficiently as well as make government processes transparent and actions so that they can be debated by the public and its representatives.^[5]

Agora notes that parliamentary systems or political parties in which political leaders can influence or decide which members receive top jobs can lead to passivity amongst members of the party and less challenging of leadership.^[5] Agora notes that this phenomenon is acute if the election of a member is dependant on the support of political leadership.^[5]

Function in authoritarian regimes

In contrast to democratic systems, legislatures under authoritarianism are used to ensure the stability of the power structure by co-opting potential competing interests within the elites, which they achieve by:^[6]

Providing legitimacy;
Incorporating opponents into the system;
Providing some representation of outside interests;
Offering a way to recruit new members to the ruling clique;
Being a channel through which limited grievances and concessions can be passed.

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.

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).

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.

Relation to other branches of government

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.^[7]

Some political systems follows 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.^[8] Nevertheless, many presidential systems provide for the impeachment of the executive for criminal or unconstitutional behaviour.

Legislatures will sometimes delegate their legislative power to administrative or executive agencies.^[9]

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".^[10]

After election, the members may be protected by parliamentary immunity or parliamentary privilege, either for all actions the duration of their entire term, or for just those related to their legislative duties.

Chambers

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

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 federal presidential systems, the upper house has equal or even greater power.

The German Bundestag, its theoretical lower house

In federations, the upper house typically represents the federation's component states. This is also the 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

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. The only legislature with a number of chambers bigger than four was the Federal Assembly of Yugoslavia; initially established as a Pentacameral body in 1963, it was turned into a hexacameral body in 1967.

Size

Legislatures vary widely in their size. Among national legislatures, China's National People's Congress is the largest with 2,980 members,^[11] while Vatican City's Pontifical Commission is the smallest with 7.^[12] Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress is indirectly elected within the context of a one-party state.^[11]^[13]

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.^[14]

References

^ ^a ^b ^c ^d ^e ^f ^g Hague, Rod (14 October 2017). Political science : a comparative introduction. pp. 128–130. ISBN 978-1-137-60123-0. OCLC 961119208.
^ "A short history of Alþingi – the oldest parliament in the world". europa.eu. The European Union. Archived from the original on 15 November 2017. Retrieved 7 April 2017.
^ Hague, Rod (14 October 2017). Political science : a comparative introduction. pp. 130–131. ISBN 978-1-137-60123-0. OCLC 961119208.
^ ^a ^b Hague, Rod (14 October 2017). Political science : a comparative introduction. pp. 131–132. ISBN 978-1-137-60123-0. OCLC 961119208.
^ ^a ^b ^c ^d "Parliamentary Function of Oversight | Agora". www.agora-parl.org. Retrieved 27 October 2024.
^ Hague, Rod (14 October 2017). Political science : a comparative introduction. ISBN 978-1-137-60123-0. OCLC 961119208.
^ Fish, M. Steven; Kroenig, Matthew (2009). The handbook of national legislatures: a global survey. Cambridge University Press. ISBN 978-0-521-51466-8.
^ "Governing Systems and Executive-Legislative Relations (Presidential, Parliamentary and Hybrid Systems)". United Nations Development Programme. Archived from the original on 17 October 2008. Retrieved 16 October 2008.
^ 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.
^ "Terminology". Parliament of Tasmania. Archived from the original on 5 March 2022. Retrieved 6 March 2022.
^ ^a ^b "IPU PARLINE database: "General information" module". IPU Parline Database. International Parliamentary Union. Archived from the original on 6 August 2017. Retrieved 30 April 2019.
^ "Vatican City State". Vatican City State. Archived from the original on 25 November 2018. Retrieved 30 April 2019.
^ 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.
^ Frederick, Brian (December 2009). "Not Quite a Full House: The Case for Enlarging the House of Representatives". Bridgewater Review. Archived from the original on 28 April 2020. Retrieved 15 May 2016.