Study Notes Unit 9.docx

Study Notes The first legislative bodies were developed as a check on the power of absolute monarchs. The legislature is one of the three branches of any liberal democratic political system. Functions of Legislatures The textbook mentions several functions that legislatures are intended to perform....

Study Notes The first legislative bodies were developed as a check on the power of absolute monarchs. The legislature is one of the three branches of any liberal democratic political system. Functions of Legislatures The textbook mentions several functions that legislatures are intended to perform. Perhaps the greatest function of legislatures is that of representation. Given the connection between the politicians and their constituencies, they are expected to represent their constituencies. Legislatures are also intended to form governments, formulate government policy, and implement that policy. In liberal democracies, governments are usually configured as presidential or parliamentary systems. Once a government has been formed, legislatures are intended to formulate policy. Policy proposals must be introduced in the legislature. The executive branch may have an initiative it wants to pursue but it cannot be legal until it is passed in the legislature. Crucially, representative democracies ensure a level of political accountability. If a member of the legislature does not perform well – either as part of the government or part of the opposition – his or her constituents can remove that legislator from office at the next election. Legislatures also are agents of political socialization since we frequently become aware of certain issues because of parliamentary debate. Legislatures also perform a procedural function. They ritualize conflict in such a way that the expression of different views does not lead to violence. Note that in the UK (and Canadian parliaments) the distance between the government and opposition benches is two sword lengths. As a means of ensuring transparency, legislatures debate issues in public. The tradition of having the distance between the government and opposition benches in the UK (and Canadian parliaments) be two sword lengths is a symbolic one. It harks back to a time when physical violence was a more common way of resolving disputes. The two sword lengths distance is a reminder of the need for decorum and non-violence in the debate process. Structure of Legislatures Not all legislatures have the same powers and not all legislatures look the same. For example, the Canadian Parliament is divided into the House of Commons and the Senate. This makes it a bicameral legislature. In some systems, such as the US, both chambers are of roughly equal status and power, though responsibilities may differ. In others, the second or “Upper House” is largely symbolic and frequently appointed – such as in Canada – or based on hereditary membership – such as in the UK. There are also unicameral legislative bodies, for instance, the Knesset of Israel or the Parliament of Singapore. These structures are usually found in smaller political systems or in those that have a very strong unitary form of government. For instances, provinces and territories in Canada are unicameral. Legislatures operate not only as single structures but also through a variety of committees and legislative subgroups. Legislators It is the individual legislator that is expected to fulfil the representative function of legislatures. Given the connection between legislators and their constituencies, this is done in several ways. They bring the general policy expectations and evaluations of their constituents to the attention of the executive and the legislature. They are expected to bring some benefits and they assist individuals or groups that face bureaucratic “red tape” or have grievances against the government. Conclusion In practice and in law, the power of the legislature – as with the other branches – is limited by principles such as the rule of law, constitutional conventions, and other customs and practices entrenched in the legal and political culture of a country. That said, through its different functions, the legislature contributes to the improvement in performance of the other branches in liberal democracies.