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The Architecture of Governance

A Deep Dive into Bicameral Legislatures: Exploring the structure, history, and function of two-chamber legislative systems worldwide.

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What is Bicameralism?

Defining Bicameralism

Bicameralism refers to a legislative system divided into two distinct assemblies or chambers. This structure is contrasted with unicameralism, where a single assembly handles all legislative functions. As of recent data, approximately 40% of national legislatures globally operate under a bicameral model, while unicameral systems are more prevalent nationally (60%) and even more so at subnational levels.

Composition and Function

A key characteristic of bicameralism is that the members of the two chambers are often selected or elected through different methods. This divergence in selection processes frequently results in significantly different compositions for each house, influencing their respective roles and perspectives within the legislative process.

Perfect vs. Imperfect Bicameralism

The enactment of legislation typically requires the approval of a majority in both chambers, a system known as perfect bicameralism. However, in many parliamentary systems, one chamber (often the lower house, accountable to the executive) may possess the power to overrule the other. This dynamic is termed imperfect bicameralism. Some systems fall between these two extremes, allowing one chamber to overrule the other only under specific circumstances.

Historical Roots

The British Parliament Model

The British Parliament is often cited as the "Mother of Parliaments," serving as a foundational model for many legislative systems. Its bicameral structure traces back to 1341 when the Commons began meeting separately from the nobility and clergy. This division evolved into the House of Lords (Upper Chamber) and the House of Commons (Lower Chamber).

American Constitutional Design

The Founding Fathers of the United States embraced bicameralism, envisioning the Senate as a more deliberative body, a counterweight to the potentially volatile House of Representatives. Initially, Senators were chosen by state legislators, intended to create a more "wealthy and wise" chamber. The 17th Amendment in 1913 shifted this to popular election. The Great Compromise established equal state representation in the Senate and population-based representation in the House.

Rationale and Criticisms

The Case for Bicameralism

Proponents argue that bicameralism provides essential checks and balances, preventing hasty or ill-considered legislation. Walter Bagehot noted its utility in providing a counter-interest to a dominant assembly, thereby safeguarding against the undue influence of specific powerful factions. In federal systems, bicameralism often serves as a compromise, balancing the representation of individual states or territories with that of the national population.

Criticisms and Trends

Conversely, critics contend that bicameralism can impede meaningful political reform and increase the likelihood of legislative gridlock, particularly when both chambers wield similar powers. There is a noted trend towards unicameral systems, often perceived as more democratic and efficient, especially in unitary states.

Inter-Chamber Dialogue

Formal Communication Channels

Formal communication between legislative chambers occurs through various established methods:

  • Messages: Formal notices, such as the passage of bills or resolutions, are typically conveyed in writing via the clerks and speakers of each house.
  • Bill Transmission: The formal transfer of bills or amendments requiring agreement from the other chamber.
  • Joint Sessions: Plenary meetings where both houses convene simultaneously in the same location.
  • Joint Committees: Committees formed by agreement between committees of each house or by joint resolution, often used to resolve discrepancies between versions of legislation, as seen with conference committees in the U.S. Congress.

Historically, methods like "ordinary" and "free" conferences were employed. Ordinary conferences involved elaborate procedures, while free conferences allowed for less formal meetings between "managers" from each house. These practices have largely been superseded by simpler message transmissions due to their complexity and diminishing effectiveness.

Global Legislative Structures

Federal Systems

Many federal states, including Argentina, Australia, Canada, Germany, India, Mexico, Switzerland, and the United States, utilize bicameralism. Often, the upper house ensures equal representation for constituent states or provinces, irrespective of population size, balancing federal interests with popular representation in the lower house.

Unitary States

Unitary states such as France, Italy, the Netherlands, and the United Kingdom also employ bicameral systems. In these contexts, the upper house typically functions as a body for scrutiny and potential revision of legislation passed by the lower house.

Aristocratic and Post-Aristocratic Elements

Historically, some bicameral systems incorporated aristocratic elements, such as the British House of Lords, which included hereditary peers. While reforms have reduced the number of hereditary peers, the chamber retains a unique composition. Japan's former House of Peers, abolished post-WWII, is another example.

Evolution and Reform

Modernization Efforts

Bicameral systems are subject to ongoing debate and reform. Proposals often focus on enhancing democratic representation, improving legislative efficiency, or addressing concerns about gridlock. For instance, referendums in Romania and constitutional changes in Ivory Coast have explored shifts towards unicameralism or the establishment of new bicameral structures.

Balancing Representation

In some Arab nations, bicameralism has been proposed as a mechanism to protect against the "tyranny of the majority" and safeguard minority rights, with upper chambers appointed on a specialized basis. Bahrain's adoption of a bicameral system with an elected lower chamber and an appointed upper house illustrates this approach.

Global Legislative Landscape

Bicameral Legislatures Worldwide

The following table provides an overview of current national bicameral legislatures, detailing their upper and lower houses, and key notes on their structure and context.

Country Bicameral body Notes
Upper house Lower house
Seats of Upper house Seats of Lower house
Argentina National Congress Of the twenty-three provincial legislatures, eight (Buenos Aires, Catamarca, Corrientes, Entre R%C3%ADos, Mendoza, Salta, San Luis, and Santa Fe) are bicameral, while the remaining fifteen and the legislature of the Autonomous City of Buenos Aires are unicameral.
Senate Chamber of Deputies
72 257
Australia Parliament All of the state parliaments except Queensland's are also bicameral. The legislatures of the NT and the ACT are unicameral.
Senate House of Representatives
76 150
Austria Parliament All of the Bundesländer have unicameral parliaments.
Bundesrat (Federal Council) Nationalrat (National Council)
60 183
Belgium Federal Parliament All of the community and regional parliaments are unicameral.
Senate Chamber of Representatives
60 150
Bosnia and Herzegovina Parliamentary Assembly The Parliament of the Federation of Bosnia and Herzegovina is also bicameral, while the National Assembly of Republika Srpska is unicameral.
House of Peoples House of Representatives
15 42
Brazil National Congress All of the 26 state legislatures and the Federal District legislature are unicameral.
Senate Chamber of Deputies
81 513
Canada Parliament All of the provincial and territorial legislatures are unicameral.
Senate House of Commons
105 343
Ethiopia Federal Parliamentary Assembly Regional Councils are unicameral. Assemblypersons of the Regional Councils are elected directly.
House of Federation House of Peoples' Representatives
112 547
Germany N/A Technically, Bundestag and Bundesrat form two distinct unicameral legislative constitutional bodies not framed by a comprehensive institution. German jurisprudence doesn't recognise the Bundesrat as a parliamentary chamber, because it consists of members of the state governments. Although it must always be heard in the legislative process, it only has to give consent to bills in certain defined areas. All of the federal states (Länder) today have unicameral Landtage.
Bundesrat (Federal Council) Bundestag (Federal Diet)
69 630
India Parliament Six of the twenty-eight states also have bicameral legislatures, consisting of the upper house, the State Legislative Council (Vidhan Parishad) and the lower house, the State Legislative Assembly (Vidhan Sabha) respectively. The remaining twenty-two states and the union territories of Delhi, Jammu and Kashmir and Puducherry have unicameral legislatures.
Rajya Sabha (Council of States) Lok Sabha (House of the People)
245 543
Iraq Parliament The Federation Council is envisioned by article 65 of the constitution as an upper house but has never convened, meaning the legislature de-facto practices as a unicameral system solely under the Council of Representatives.
Federation Council Council of Representatives
0 329
Malaysia Parliament All the 13 State Legislative Assemblies are unicameral.
Dewan Negara (Senate) Dewan Rakyat (House of Representatives)
70 222
Mexico Congress All the 31 State Congresses and the Congress of Mexico City are unicameral.
Senate Chamber of Deputies
128 500
  Nepal Parliament All of the provincial assemblies are unicameral.
Rastriya Sabha (National Assembly) Pratinidhi Sabha (House of Representatives)
59 275
Nigeria National Assembly
Senate House of Representatives
109 360
Pakistan Parliament All of the provincial assemblies are unicameral.
Senate National Assembly
96 336
Russia Federal Assembly All the regional legislatures are now unicameral while bicameralism in regions is technically allowed by the Federation.
Federation Council State Duma
178 450
Somalia Parliament
Senate House of The People
54 275
 Switzerland Federal Assembly All of the cantons have unicameral parliaments.
Council of States National Council
46 200
United States Congress All of the state legislatures are bicameral, except Nebraska. The Council of the District of Columbia is unicameral.
Senate House of Representatives
100 435
Spain Cortes Generales A fixed number of 208 members of the Senate are elected by citizens, a variable number (currently 58) are appointed by the autonomous regions. Congress of Deputies can override a negative vote of the Senate on a bill with an absolute majority affirmative vote. Moreover, each Spanish autonomous region has its own unicameral regional parliament, with wide-ranging legislative powers on their own.
Senate Congress of Deputies
266 350
United Kingdom Parliament Scotland, Wales and Northern Ireland have devolved unicameral legislatures, each with a varying range of powers.
House of Lords House of Commons
827 650

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References

References

  1.  According to the Bundesverfassungsgericht, BVerfGE 37, 363, Aktenzeichen 2 BvF 2, 3/73
A full list of references for this article are available at the Bicameralism Wikipedia page

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