2.7 Independent Legislatures

What is the Importance of an Independent Legislature?

The legislature is one of the most powerful branches of government because it has the authority to shape a nation's political direction. For this reason, maintaining its independence from other branches—particularly the executive and judiciary—is crucial for ensuring effective checks and balances.

==An Independent Legislature is vital because it prevents the executive from consolidating too much power. Legislators are elected to represent the people's interests, not the preferences of the head of government or state.== However, in many nations, the executive branch has grown dominant through mechanisms such as Decree Power and corruption, both of which can undermine legislative independence.

Beyond serving as a check on executive power, the legislature plays a key role in promoting stability and legitimacy within a government. By responding to public demands, fostering compromise between political factions, and expanding civil liberties, legislatures can reinforce public trust in the political system. When legislative actions align with public expectations, they enhance stability and strengthen the government's legitimacy. 🌱

Political Factions in the Legislature

💡 Remember: Political factions are groups formed around shared ideologies, identities, or geographic regions. While they can encourage diverse viewpoints, they may also create tension and make it challenging to form a unified approach to policymaking.

What is the importance of an Independent Judiciary?

Legislative Independence and Checks on Power

| UK 🇬🇧 | Most independent | Fused powers between the executive and legislative branch leave few checks on the legislative branch. But, the Executive can still adopt some mechanisms that check on the Legislative's power, such as the ability to veto legislation and even call for new elections. Confidence votes can check power as well as set election dates. | | Russia 🇷🇺 | No true independence | United Russia controls who may be elected and the legislature is just a little more than a rubber stamp for the executive branch. The President also has decree power which means he can pass and shape implementation of law without the input of the legislature. | | Iran 🇮🇷 | No true independence | The Guardian Council, selected by the Supreme Leader, oversees the Majles to ensure that laws comply with Islamic law. In addition, there is the Expediency Council which serves a mediator between the Majles and the Guardian council and it is also made of officials appointed by the Supreme leader. It serves as a check on both the Legislative and the Judiciary branch, and has been helpful in mediating important issues, such as the Nuclear deal between Iran and other world powers in 2015 ☢️. | | Mexico 🇲🇽 | Independent | The President also has decree power which means he can pass and shape implementation of law without the input of the legislature. Process that checks is set election dates. | | China 🇨🇳 | Independent | The CCP is the true center of power. The Politburo Standing Committee is the true seat of power. The Chinese Standing Committee of the National People’s Congress (NPC) sets the legislative agenda for the NPC, supervises NPC member elections, and interprets the laws and Constitution. | | Nigeria 🇳🇬 | Independent | The President also has decree power which means he can pass and shape implementation of law without the input of the legislature. Process that checks is set election dates. |

NOTE: For the exam, we consider Mexico and Nigeria to have Independent Legislatures, however, there has and continues to be serious issues/criticisms of both regimes for occasional stampeding of Independent Legislatures.

In addition to the checks mentioned above, it is important to recognize that public opinion 🗣 and the media 📺 also play a crucial role in checking on the legislative. These two elements can hold the legislative accountable and ensure that it is following the demands of the people. This is why it is important to have a free media and a strong civil society!

Now that you've reviewed all the structure of the Legislature and its power dynamics with other bodies, we will now move ➡️ our discussion to the Judiciary branch! 🎉 Remember that this is the body that ultimately checks on the Legislative's work, as it holds the authority to make the correct interpretation of the laws that rule the country.