1 Chapter 11: The Legislature (1) Affords careful scrutiny and consideration of proposed measures before they are passed into Definition laws. Legislature is law-making body of a political unit that has (2) Guarantees protection of the peoples’ welfare the power to revise, amend repeal, and alter the law. against the tyranny of single house. (3) It practices division of labor where more Historical Background. important measures originate in one house and 1.Citizens assembly of ancient Athens. minor matters are concern of the other. -declaration of war (4) Provide means by which special interest are -negotiation for peace presented in one chamber which are distinct -formulation of alliances from the representation by members of the -voting for taxes other. 2. Roman empire (5) More suitable to large countries with -as explained by theory of Cicero and Ulpian, “the law heterogeneous population. might arise by the enactment of popular assembly (leges) or vote of authorized part of the people Disadvantages of Bicameral legislature (plebescita), or by decree of senate (senatus consulta) or (1) Entails bigger gov’t expense of salaries of the by decree of Emperor…” legislators. 3. England (2) Difficult to pinpoint responsibility in the passage -legislature is premiere body which makes laws, was first of defective and unwise laws. developed. (3) Much delay in the passage of legislation. 4. Parliaments essentially European in origin (4) In parliamentary, LH has more predominance in -great Britain and Scăndinavian countries adopted authority than the UH. starting with French revolution. 2.Unicameral Functions of Modern Legislature Model parliament was formed at the 1. Lawmaking command of King Edward I in 1295. 2. Electoral Function- congress counts votes and In continental Europe, some adopted proclaim winners of election. unicameral but shifted to bicameral. 3. Constituent or Constitutional Function- amend France adopted Unicameral in 1791 and in constitution. 1848 under the second republic, shifted 4. Control of Administration. bicameral on third republic. Appropriation- abolish administrative Germany officers by eliminating their Philippines -Malolos congress. appropriation. -Phil. Commission ( Americans up Executive power- reject appointments by to 190) chief executive. -1935, National assembly Investigative power- find abuse, anomalies, -1973- National Assembly graft , and corruption by administrative -Interim Batasang pambansa – officials. temporary Judicial power- impeach President and SC legisl. for the crisis justices. gov’t. 5. Internal Discipline- suspension or expulsion of its -Regular Batasang members. Pambansa(1973Cons.) elect members on May Structure and Organization of the Legislature 14, 1984. British parliament evolved from the King’s Great Abolished by EDSA revolution on Council. King John in 1213 summoned 4 knights from Feb. 25, 1986. Become bicameral each country to meet with his Great Council. by 1987 const. King Edward in 1295 formed “model Parliament”. 1.Bicameral. Advantages of Unicameral legislature House of Lords & House of Commons. (1) Economical to maintain. US (2) Easy to pinpoint responsibility whenever laws Continental Europe shifted bicameral passed are found defective. France bicameral under third republic (3) Enactment of legislation is done with greater Germany facility in single-chamber legislature. Philippines 1907, Phil commission- upper (4) Principle of representation is much simplified in that the members represent both local and house national interest. Phil assembly- lower house. Disadvantages of Unicameral legislature 1916, House of Senate (1) Consideration of measures may not be thorough, House of representatives they may not be able to fully scrutinized resulting 1940, bicameral to ill-considered legislation. 1987, Bicameral congress (2) May be influenced by demagogues and tyrannized by domain interest. Advantages of Bicameral legislature 2 (3) May tend to become abusive when it knows that there is no counterbalancing force to check its - the first order is the election of officers such as excesses. the presiding officer, secretary, sergeant-at-arms, (4) Ill-adapted to federal gov’t countries. the majority floor leader, or the whip, and others. (5) Legislative body may become “a forum of - bickerings, irresponsible special interest” where The Presiding Officer groups of members represent distinct classes, - depends upon who is chosen by the majority with each group confronting each other and party. engaging in undisciplined debate of bills. In US, Vice pres. Of the state who is chosen by electoral college serves as the president of the upper hose. Composition of the Legislature In US, majority of states, Lieutenant Governor In general, modern legislature is composed of law- chosen by popular vote becomes the presiding makers sufficiently big enough to inspire sensible officer of the state. debate or discussion. However, If the VP becomes the US Pres, and the Example: Great Britain- House of commons-630 Lieutenant Gov, the presiding officer of both members chambers comes from the majority party are chosen -House of Lords- 900 by their members. members In Great Britain, Lord Chancellor is appointed by the Cabinet and is made a peer and presiding Manner of Selecting Legislative Members officer of the House of Lords. Most modern legislative bodies were constituted by House of Lords- the highest formal court of judicial election of its members. appeals. Members of lower chamber are chosen by popular vote. The lord Chancellor as the presiding officer of house of Lords heads the highest court of judicial Elected under Systems of Representation: function. (1) Geographical- country is divided by 2 districts In Phils, 1935- Senate pres is chosen from with one elective representative for each. majority party by the majority vote of all members (2) Proportional- country is divided into big districts, of senate. each of which elects 2 or more representative 1987- Senate pres is elected by according with the size of electorate. members of his party in the senate in coalition House of Lords of Great Britain is composed of non- with members of other parties. elective members – the hereditary peers, law & spiritual lords, and increasing number of peers appointed for life. Committee in the legislation Members of senate of Canada are not elected but -(working horses of legislature) appointed for life. - small replicas of legislative body created to save time. Qualifications of legislators (1) Standing committees- small bodies to which Citizenship- for the formulation of a policy for bills dealing with a particular subject are peoples’ welfare and for safeguarding nation’s referred to action. Members are chosen by party interest needs proven loyalty to the state. caucus and approved by the legislature. Their Attainment of Majority Age- acquired certain number depends on the nature of bills submitted degree of intellectual maturity and experiences. to legislature. - committee on educ.ation Members of upper chamber are older than those -committee on national defense of the lower house. - committee on foreign affairs Phil senate- 35 y/o and representatives- 25 y/o. Passage of a measure is reviewed by standing Residence- residence required is legal, not actual committee and favorably endorsed by the Resident is more knowledgeable of local committee on floor of discussion. condition and problem of district. Tenure of the committee is co-terminous with the -Phil Rep must reside in the legislative district life of the legislature. where he shall be elected for a period not less (2) Special committees- created for special than 1year. purposes. If there’s a committee created to -Phil Senate must reside not less than 2years. investigate an erring member, once it’s finished -In US all chosen congressman are resident of the and made a report to legislature, it cease to state. function unless for additional work given by -England- residence is not requisite. legislature. Literacy- candidate attained certain educational (3) Joint committees – from both houses and level is more preferable. Having wider range of may be concerned for substantive matters. knowledge about economic, political and social - In PH, joint conference com./ bicameral life of the nation. conference com. Created for settling differences of the houses on certain measures passed by one Tenure of Office chamber and considered by the other. - Period which members serve is provided by the (4) Committee on the whole – one body law. There’s a fixed term but may be shortened constituted into an informal committee. Same with an earlier dissolution as in parliamentary members of the legislature. Created to deal on government. fundamental questions debated by the members - informally without following parliamentary Organization of the legislature procedure. 3 (5) Committee on selection – select number of members to deal in a bill referred to standing Stage of First reading: committee. When a bill is sent to the committee, Committee on Stage. If the bill is considered by Committee on selection appoints 16-30 members the committee to which it’s referred, it’s given a to serve on that committee to deal with that bill public hearing. Committee hearings serve to only. mobilize support for or invite opposition to a bill in the committee. Process of Lawmaking - After hearings, it is further considered in an Bills and resolution- measures referred to executive committee session where it’s legislative body. discussed further, altered or amended