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A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system derived from that of the United Kingdom. The name is derived from the French parlement, the action of parler (to speak): a parlement is a talk, a discussion, hence a meeting (an assembly, a court) where people discuss matters. While all parliaments are legislatures, not all legislatures are parliaments.
The British Parliament is often referred to as the "Mother of Parliaments"—in fact a misquotation of John Bright, who remarked in 1865 that "England is the Mother of Parliaments"—because the British Parliament has been the model for most other parliamentary systems, and its Acts have created many other parliaments. The first English Parliament was formed during the reign of King Henry III in the 13th century. In the United Kingdom, Parliament consists of the House of Commons, the House of Lords, and the Monarch. The House of Commons is composed of over 600 members who are directly elected by British citizens to represent various cities, communities, and other electoral districts. The party that can win the most seats in the House of Commons forms the government, and the party leader becomes the Prime Minister and head of government. Legislation originates from and is voted on by members of the House of Commons. If passed, it goes to the House of Lords. The House of Lords is a body of long-serving, unelected members: 92 of whom inherit their seats and 574 of whom have been appointed to lifetime seats. The Lords must vote to approve all legislation from the House before it can go before the monarch and receive the formal ratification to become a law (however, under certain circumstances the House of Commons may overrule it using the Parliament Acts). In addition, specific members of the House of Lords act as the ultimate court of appeal in the United Kingdom.
In a similar fashion, most other nations with parliaments have to some degree emulated the British "three-tier" model. Most countries in Europe and the Commonwealth have similarly organized parliaments with a largely ceremonial head of state who formally opens and closes parliament, a large elected lower house and a smaller, upper house. The lower house is almost always the originator of legislation, and the upper house is the body that offers the "second look" and decides whether to veto or approve the bills. This style of two houses is called bicameral; also parliaments with only one house exist (see unicameralism).
A parliament's lower house is usually composed of at least 200 members, in countries with populations of over 3 million. The number of seats rarely exceeds 400, even in very large countries. The upper house customarily has anywhere from 20, 50, or 100 seats, but almost always significantly fewer than the lower house.
A nation's prime minister ("PM") is almost always the leader of the majority party in the lower house of parliament, but only holds his or her office as long as the "confidence of the house" is maintained. If members of parliament lose faith in the leader for whatever reason, they can often call a vote of no confidence and force the PM to resign. This can be particularly dangerous to a government when the distribution of seats is relatively even, in which case a new election is often called shortly thereafter.
Parliaments can be contrasted with congresses in the model of the United States. Typically, congresses do not select or dismiss the head of government, and cannot themselves be dissolved early as is often the case for parliaments.
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A legislature is a governmental deliberative assembly with the power to adopt laws. Legislatures are known by many names, including: parliament, congress, diet and national assembly.
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 consent of the legislature is also often required to ratify treaties and declare war.
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The primary component of a legislature is one or more chambers or houses: assemblies that debate and vote upon bills.
Most legislatures are either bicameral or unicameral:
In most parliamentary systems, the lower house is the most 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 of Germany and was the case in the pre-19 century United States, or to be elected according to a formula that grants disproportionate representation to smaller states, as is the case today in Australia and the United States. Historically, as well as bicameral and unicameral bodies, there have also been rare instances of tricameral legislatures.
Many legislatures are said to include not just one or more houses but also the head of state. This is because in most systems it is necessary that, after being approved by the house or houses of the legislature, a bill receive the assent of the head of state before it can become law. This may be the case even if, as is the case in many parliamentary systems, the assent of the head of state is merely a formality and will not be withheld. It is also common, however, for the head of state not to be considered a formal part of the legislature, even if they have the power to veto laws. The British Parliament formally consists of the Crown, and two houses; similarly, the Irish Oireachtas consists officially of the President and two houses. In contrast, the United States Congress consists only of its two houses and does not officially include the US president, despite the fact that he wields a veto.
The power of legislatures varies widely from country to country. Rubber stamp legislature is a derogatory name for a legislature that has no real power but simply approves, by unanimous or near unanimous votes, bills put before it by other institutions. For example, the legislatures of many Communist states were often derided as mere 'rubber stamps' for decisions of the ruling party. The term is not usually used to describe legislatures of parliamentary systems. Although the final draft of legislation introduced by the government almost always passes, these legislatures are generally not labelled "rubber stamps" because legislators are involved in the drafting and amendment of bills.
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