An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation.
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An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation.
A law-making assembly of elected members in a formally equal relationship to one another. Legislatures evolved from medieval bodies periodically assembled by kings in order to agree to levies of taxation to bodies which sat more or less continuously, or at least claimed the right to do so as did seventeenth-century English parliaments. The legislature therefore took its modern form in the work of Locke and the parliaments he had in mind. For specific legislatures see parliament; Congress (US). For division of powers by function see parliamentary sovereignty; separation of powers. For division of powers by territory see central-local relations; federalism. For the number of chambers, see bicameralism; unicameralism.
For more information on legislature, visit Britannica.com.
Types of Legislatures
Two common types of legislature are those in which the executive and the legislative branches are clearly separated, as in the U.S. Congress, and those in which members of the executive branch are chosen from the legislative membership, as in the British Parliament. Respectively termed presidential and parliamentary systems, there are innumerable variations of the two forms. It should be noted that while popular assemblies of citizens, as in direct democracy, are often called legislatures, the term should properly be applied only to those assemblies that perform a representative function.
In its early history, the English Parliament, like the States-General of France and the diet of the Holy Roman Empire consisted of representatives chosen according to classes or estates (see estate, in constitutional law). Out of the estates arose the typical bicameral system, in which an upper house represented the nobility and clergy and a lower house represented the bourgeoisie. Although the upper house assemblies of many countries are still nonelective or hereditary, they are generally much weaker than the popularly elected lower house and carry out only minor functions. Those states with unicameral legislatures include Finland and Israel.
The Congress of the United States is bicameral, but rather than being rooted in societal class differences, it is based upon principles of federalism. The founders of the American republic, in order to assure acceptance of the Constitution, gave each state equal representation in the Senate, as a gesture to the smaller states, and made membership in the House of Representatives dependent upon population size, thereby favoring the larger states. Most of the American state legislatures are also bicameral.
History
While rules of law have always been a concern for society, the use of legislatures for their establishment is a relatively modern phenomenon. In earlier times, human laws were considered part of the universal natural law, discoverable through the use of reason rather than made by the declaration of the people. With the growth of belief in positive law, the increasing need in emerging modern society for adaptable law, and the decline of monarchial power, however, legislatures with law-making powers came about. One of the oldest legislatures (with the possible exception of Iceland's Althing and the Isle of Man's Tynwald) is the English Parliament, which, although originally nonelective and advisory to the king, has evolved over the centuries to the point where its lower house is now elected through universal suffrage and possesses the sovereign power of the state.
Some other modern national legislatures are the U.S. Congress, the Cortes (Spain), the Knesset (Israel), the Dáil Éireann (Ireland), the Bundestag (Germany), the Folketing (Denmark), the Riksdag (Sweden), the Storting (Norway), and the Congress of People's Deputies (Russia). The term parliament is often applied to national legislatures without regard to the official designation.
Bibliography
See W. I. Jennings, Parliament (2d ed. 1957, repr. 1969); American Assembly, State Legislatures in American Politics (1966); G. S. Blair, American Legislatures: Structure and Process (1967); W. H. Agor, ed., Latin American Legislatures—Their Role and Influence (1971); J. Smith and L. D. Musolf, ed., Legislatures in Development: Dynamics of Change in New and Old States (1979); N. J. Ornstein, ed., Role of the Legislature in Western Democracies (1981); D. Judge, The Politics of Parliamentary Reform (1984).
A representative assembly of persons that makes statutory laws for a municipality, state, or nation.
A legislature is the embodiment of the doctrine of popular sovereignty, which recognizes that the people are the source of all political power. Citizens choose by popular vote the legislators, or representatives, they want to serve them. The representatives are expected to be sensitive to the needs of their constituents and to represent their constituents' interests in the legislature.
Structure
The federal legislature, the U.S. Congress, is bicameral in structure, meaning that it consists of two chambers, in this case the House of Representatives and the Senate. Each state has a legislature, and all state legislatures have two houses, except the Nebraska Legislature, which has only one. State legislative bodies have various official designations, including state legislature, general assembly, general court, and legislative assembly. Local legislatures are generally structured differently from the state and national model. They may be called city councils, or boards of aldermen and alderwomen.
The traditional bicameral structure of state and national legislatures developed out of early U.S. societal distinctions between the public in general and the propertied, wealthy class. This structure provided for a lower house and an upper house. The lower-house legislators were elected by the general voting public, and it was believed that their votes were likely to be radical. The upper-house legislators were elected by voters who owned more property, and it was believed that they would be more mindful of concerns to property owners.
Traditional bicameralism is still supported for various reasons. It is believed that because both houses must separately pass a bill in order for the bill to become law, bicameral legislatures are less likely to pass hasty, ill-considered laws or to be subject to public passions. Proponents of unicameralism (a one-chamber system) cite lower costs, simpler procedures, better executive-legislative relationships, and legislative developments that are easier for the public to follow.
Federal and state legislatures range in size from the U.S. Congress, consisting of 535 members, to the Delaware state legislature, with fewer than 100 members. Legislatures organize themselves into a number of committees and subcommittees, which undertake in-depth study of issues within their area of expertise and focus. Each committee addresses the issues presented to it, recommends action, and changes bills before they are passed on for consideration by the full house. Once a bill is passed by the members of one house, it must go to the other house for approval. After both houses have approved a bill, it is presented to the president or governor to be signed into law or vetoed.
U.S. state legislatures and the U.S. Congress organize their members according to political party affiliations. The political party that represents the majority of a particular house of the legislature is able to organize and control the actions of that house. The lower house of the legislature chooses a member of the dominant political party to serve as Speaker. The upper house chooses a member of the dominant political party to serve as president. Generally, the members of the different political parties meet separately to determine what actions their party will take in the upcoming session of the legislature. Though there are exceptions, legislators tend to vote along party lines. Political parties are less able to command party loyalty from individual legislators in state legislatures than in the U.S. Congress.
The Speaker of the lower house is the presiding officer of that house and is generally the most powerful member of the house. The full membership of the house chooses the Speaker. The duties of the Speaker include appointing members of the standing committees in the lower house. The speaker typically considers party membership, seniority, and the opinions of other party members in making these appointments. Unless there are house rules to the contrary, the Speaker may also refer bills to committee. It is the role of the Speaker to interpret and apply the rules of procedure that govern the actions of the house.
In accordance with the U.S. Constitution, the vice president of the United States officially presides over the U.S. Senate. Most state constitutions have similar rules, charging the lieutenant governor with the duty of presiding over the state's upper legislative house. In states that do not have a lieutenant governor, or do not give that individual power to preside over the upper house of the state legislature, a member of the upper house is selected by other members to serve as president of the house. The duties of the president of the upper house are similar to those of the Speaker of the lower house, although they generally do not include appointing members to committees. Some states that do permit the president of the upper house to appoint committee members diminish that power by making the appointments subject to approval by the whole membership of the house. In a state where the lieutenant governor serves as president of the upper house, if there is a tie on a vote in the upper house, the president of the house must cast the deciding vote. In the U.S. Senate and in states where the lieutenant governor presides over the upper house, the house selects one member to serve as president pro tem (for the time being) when the president of the house is absent.
Legislative sessions are the periods of time in which a legislature conducts its business. Each legislative session of the U.S. Congress is called a "Congress," lasts for two years, and is numbered consecutively. For example, the 104th Congress began in January of 1995 and ended in December of 1996. The 105th Congress began in January of 1997. Each Congress begins in the year following a biennial election of members and is divided into two one-year "sessions." Most states have annual sessions, each lasting perhaps only a few months. The governor of a state may call a special session of the state legislature, outside of its normal meeting times, to address issues that require immediate attention.
Qualifications, Terms, and Compensation of Legislators
Members of the U.S. Congress are chosen to represent a particular state. Each state may elect two U.S. senators. The number of U.S. representatives a state may elect is determined by the population of the state, with a minimum of one.
Every state uses a district system to choose its state legislators. Under this system the state is divided into districts, often along county lines, with one or more legislators representing each district.
The applicable national or state constitution sets the qualifications for individuals who are eligible to serve as legislators. These rules are generally not restrictive, including only age, citizenship, and residency requirements. U.S. citizenship is a universal requirement, as is a certain period of state residency. A legislator must live in the state or district from which he or she is elected. Every state requires that members of the lower house of the state legislature be at least twenty-one years old. The U.S. Constitution requires members of the House of Representatives to be at least twenty-five years old, and members of the Senate to be at least thirty years old.
Congressional terms are six years for senators and two years for representatives. Terms for state legislators vary, but generally are either two or four years. Recent years have seen a push toward setting term limits in the U.S. Congress — that is, restricting the number of terms a U.S. legislator may serve. State legislatures have a higher rate of turnover and therefore do not generally face this issue.
Legislators are compensated for their services at various rates, and many state legislators are considered underpaid. Legislators also receive reimbursement for their expenses, including mileage to and from their home district and the location of the legislature. Legislators usually have the authority, by virtue of powers given to the legislature, to raise their own salaries. But they are often reluctant to do so for fear of a negative public reaction.
Relationship with Executive and Judicial Branches
The purpose of a legislature is to make, alter, amend, and repeal laws. Legislatures are empowered to enact laws by virtue of legislative jurisdiction, which is the authority vested in them by the national or state constitution. The enumerated powers of Congress are provided for in Article I of the U.S. Constitution. In addition to their lawmaking duties, members of Congress also have the power to appropriate funds for government functions, institute taxes, regulate commerce, declare war, raise and support a military, approve presidential appointments, and impeach executive officers. Like the national model, each state legislature derives its powers from the state constitution.
In addition to the legislative branch, national and state governments include executive and judicial branches. The head of the executive branch at the national level is the president of the United States, and at the state level is the governor. The executive branch enforces the laws enacted by the legislature. It can do so in a number of ways, including policing the streets and prosecuting those who violate laws.
The judicial branch interprets the laws passed by the legislature. The courts first look to the exact language of a particular law. Sometimes the meaning of the statutory language is not clear to the court, or the application of the language to the particular case before the court is doubtful. In such a circumstance, the court tries to determine what the legislature intended when it enacted the statute. Legislative intent can often be determined by looking to the history of the particular law and reading committee notes or congressional debates regarding the law. The judicial branch has developed many maxims of statutory interpretation over many years to help the courts carry out legislative intent when interpreting laws.
See: Congress of the United States; judicial review; legislative history.
The state legislature passed many bills during their session last year.
A legislature is a type of representative deliberative assembly with the power to adopt laws.
Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings. The main job of the legislature is to make laws. In parliamentary systems of government, the legislature is formally supreme and appoints the executive. In presidential systems of government, the legislature is considered a power branch which is equal to, and independent of, the executive. In addition to enacting laws, legislatures usually have exclusive authority to raise taxes and adopt the budget and other money bills.
The primary components of a legislature are one or more chambers or houses: assemblies that debate and vote upon bills. A legislature with only one house is called unicameral. A bicameral legislature possesses two separate chambers, usually described as an upper house and a lower house, which often differ in duties, powers, and the methods used for the selection of members. Much rarer have been tricameral legislatures; the most recent existed in the waning years of white-minority rule in South Africa.
In most parliamentary systems, the lower house is the more powerful house while the upper house is merely a chamber of advice or review.
However, in presidential systems, the powers of the two houses are often similar or equal. In federations it is typical for the upper house to represent the component states. For this purpose the upper house may either contain the delegates of state governments, as is the case in Germany and was the case in the United States before 1913, or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the modern United States.
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Dansk (Danish)
n. - lovgivningsmagt, lovgivende forsamling, folkerepræsentation
Nederlands (Dutch)
wetgevende macht, legislatuur
Français (French)
n. - (Jur, Pol) législature
Deutsch (German)
n. - Legislative
Ελληνική (Greek)
n. - νομοθετικό σώμα, νομοθετική εξουσία
Italiano (Italian)
legislatura
Português (Portuguese)
n. - legislatura
Русский (Russian)
законодательный орган, законодательная власть
Español (Spanish)
n. - poder legislativo, legislatura
Svenska (Swedish)
n. - lagstiftande församling, legislatur, (USA) folkrepresentation (i delstat)
中文(简体) (Chinese (Simplified))
立法机关, 立法院, 议会
中文(繁體) (Chinese (Traditional))
n. - 立法機關, 立法院, 議會
日本語 (Japanese)
n. - 立法部, 立法府, 議会, 立法機関
العربيه (Arabic)
(الاسم) الهيئه التشريعيه
עברית (Hebrew)
n. - בית מחוקקים
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