Legislature g6 1
Legislature g6 1
Legislature g6 1
Definition of Legislature
According to Amie Keppel, “Different scholars have come to very different conclusions
about political power and policy influence of legislatures <…> general evaluations vary
depending on the cases that are studied, the theoretical framework employed, the
historical period under examination, and the precise understanding of ‘power’ and
‘influence’ invoked.”
Assembly
Types of Assemblies
Talking Assembly- Such as the British House of Commons, where floor debate is the
central activity; it is here that major issues are addressed and reputations are won
and lost.
Working Assembly- Such as American Congress, where the core activity takes place
in committee rooms. There, legislators shape bills, authorize expenditure and
scrutinize the executive.
Legislature
Parliament
The supreme legislative body of usually major political unit that is a continuing
institution comprising a series of individual assemblages
In parliamentary systems legislatures are referred to as parliaments.
Congress
According to Kreppel , 'debate function will be a more central and important activity in
those legislatures with limited direct control over the policy-making process, which
includes most non-democratic systems.
Separation of Powers - The control functions of congress type legislatures are limited.
The executive can- not be removed from office because a majority in the legislature
disapproves of its politics.
Fused powers - Parliament-type legislatures are explicitly tasked with policy related
control of the executive branch.
Reports on Specific Issues – Legislatures may request, or even require, that the
executive or its bureaucratic agencies provide it with reports on specific issues of
concern.
Structure of Legislature
According to Keppel, 'that allows for an effective division of labour, the develop-ment of
specialized expertise, access to independent sources of infor-mation, and other basic
organizational resources.
Number of chambers. The most obvious and important varia-tions that exist between
legislatures is the number of chambers.
Pro- Unicameralism
• Power is mainly located in one assembly. No confusion of roles, responsibilities, or
accountability
• There is room for only one elected, representative body. 'If second chamber agrees
with the first, It is useless; if it disagrees it is dangerous.
•Most legislatures are unicameral, and the number is increasing. Many new states
have adopted unicameralism with apparent success.
• Second chambers with appointed mem-bers are often criticized as being places
where 'has-been politicians' go to die.
Pro- Bicameralism
• Two chambers provide another set of checks and balances, with powers to delay,
criticize, amend, or veto —a constitutional backstop.
• Two forms of representation, usually direct election to lower chamber, and another
form of election (Indirect) or appointment to the higher.
• A second chamber can reduce the workload of the first by considering legislation in
detail, leaving the first chamber to deal with broad issues.
• Some claim the main defense of bicameralism is political — upper chambers are
conservative bodies with the Job of tempering the actions of the lower house.
• Bicameralism seems to work best in countries that are large or socially and
ethnically diverse — it helps to resolve regional conflict.
Committees have become the working horses of effective legislatures'. That is why
internal organization of almost all legislatures is based on the committee system.
However, there can be numerous variations that may exist between these com-mittees
(see Box 3. 7)
Select Committee - To scrutinize the Executive, often one committee for each main
government department. Ad hoc committees to investigate particular matterof public
interest.
According to Hague and Harrop 'apart from the party system, the key to the influence
of committees lies in three factors: expertise, intimacy and support.'
Influence of committees
Expertise- Emerges over time from committees with specialized responsibilities and a
clear field of operation. Expertise is most likely to develop in Permanent committees
with continuity of operation and membership.
Support- Refers to the use of qualified staff to advise committees. Expert researchers
can help busy politicians to produce well-founded recommendations.
Legislative Power
According to Keppel, 'there are two aspects of legislature's relative autonomy that are
important: the independence of the institution as a whole; and the independence of its
members individually.'
Institutional independence. The level of institutional autonomy of legislature
depends on its relationship with the executive branch. In the fused power systems
legislative authority tends to be central, while in separation of powers systems
legislative decision-making is decentralized.
Questions
2. How are the oversight and control functions of legislatures different in fused powers
and separation of powers systems?
8. Why are legislatures generally better able to represent the interests of citizens than
the executive branch?