Glossary

5.1 Functions and Powers of Legislatures

5 min read•july 30, 2024

Legislatures are the backbone of democratic systems, making laws and keeping the government in check. They debate bills, approve budgets, and represent their constituents' interests. But their power and effectiveness can vary widely between countries and political systems.

The role of legislatures differs in presidential and parliamentary systems. In presidential systems, they're more independent from the executive. In parliamentary systems, they're closely tied to the ruling party. Either way, legislatures face challenges like gridlock, partisanship, and public distrust.

Functions of Legislatures

Lawmaking and Policy Formulation

Top images from around the web for Lawmaking and Policy Formulation

  • Congress: What does legislative procedure look like? | United States Government View original

    Is this image relevant?

  • Reading: The Legislative Process – American Government View original

    Is this image relevant?

  • Congress: What does legislative procedure look like? | United States Government View original

    Is this image relevant?

1 of 3

Top images from around the web for Lawmaking and Policy Formulation

  • Congress: What does legislative procedure look like? | United States Government View original

    Is this image relevant?

  • Reading: The Legislative Process – American Government View original

    Is this image relevant?

  • Congress: What does legislative procedure look like? | United States Government View original

    Is this image relevant?

1 of 3
  • Legislatures serve as the primary body in democratic political systems
    • Responsible for debating, amending and passing legislation on a wide range of policy areas (healthcare, education, criminal justice, etc.)
    • Often have the power to declare war and regulate the armed forces
    • Ratify international treaties and agreements
  • Members of the legislature act as representatives of their constituents
    • Advocate for local interests and address citizen concerns
    • Secure government resources and services for their districts (funding for infrastructure projects, social programs)
    • Sponsor and support legislation that benefits their constituents

Oversight and Checks and Balances

  • Legislatures exercise powers over the executive branch and bureaucracy
    • Conduct investigations and hold hearings into government misconduct or policy failures
    • Approve budgets and scrutinize government spending
    • Confirm and approve appointments to key executive and judicial positions
    • Can impeach and remove executives in cases of serious misconduct
  • Legislatures play a key role in the system of
    • Act as a counterweight to executive power by limiting the scope of presidential or prime ministerial authority
    • Can override executive vetoes with supermajority votes in some systems
    • Power to amend the constitution and structure of government in many systems

Scope of Legislative Power

Factors Shaping Legislative Power

  • The specific powers granted to the legislature vary based on the country's constitution and legal framework
    • Some legislatures have broad authority to make laws and check the executive
    • Others face more constraints on their power and autonomy
  • In presidential systems, the legislature is often independent from the executive
    • May have more autonomy in setting its own agenda and challenging the president
    • Examples: US Congress, Brazilian National Congress, Nigerian National Assembly
  • In parliamentary systems, the executive arises from and is more intertwined with the legislature
    • Legislature usually dominated by the executive's party or coalition
    • Examples: UK Parliament, German Bundestag, Indian Parliament

Limits on Legislative Power

  • Limits on legislative power may come from constitutional provisions
    • Constitutions outline specific enumerated powers granted to legislature
    • Other powers reserved for executive, judiciary, or sub-national governments
  • Judicial review can strike down laws deemed unconstitutional
    • Courts can nullify legislative acts that violate constitutional principles
    • Constrains legislature's ability to pass sweeping or invasive laws
  • Executive vetos can block or slow legislative initiatives
    • Many presidents/prime ministers have veto power to reject laws
    • Legislature may need supermajority to override veto and enact law
  • International treaty obligations may constrain domestic lawmaking
    • Legislature may be required to harmonize laws with international agreements
    • Trade deals, human rights accords, EU regulations can limit legislative options

Budgetary Powers

  • Legislatures often have "power of the purse" - the ability to tax, borrow and spend public funds
    • Approving the annual budget is a key legislative responsibility
    • Can use budgetary approval as leverage to influence executive priorities
  • The scope of legislative budgetary power can vary
    • Some legislatures can only decrease spending from executive proposals
    • Others have the power to increase spending or reallocate funds
    • "Impoundment" power of executives can limit legislative spending directives

Effectiveness of Legislatures

Representation and Responsiveness

  • The extent to which legislatures are responsive to public opinion and interest groups varies
    • Electoral system can shape incentives to cater to narrow or broad constituencies
      • Single-member districts vs proportional systems
    • Campaign finance rules regulate the influence of money in politics
      • Limits on donations, disclosure requirements, public financing
    • Lobbying regulations shape access of organized interests to legislators
      • Registration requirements, revolving door restrictions, gift limits
  • Legislatures may be unrepresentative of the population in terms of gender, ethnicity, wealth or other attributes
    • Can lead to neglect of some constituencies and bias towards elite interests
    • Quotas or reserved seats sometimes used to boost representation of marginalized groups

Gridlock and Partisanship

  • Partisan polarization and gridlock can undermine the ability of legislatures to address pressing issues
    • Parties may prioritize political point-scoring over compromise
    • Hardening of partisan identities can make bipartisan cooperation difficult
    • Examples: Gridlock in US Congress, deadlock in Venezuela's National Assembly
  • Shorter election cycles and term limits in some systems can incentivize short-term thinking
    • Legislators focused on next election rather than long-term policy planning
    • Difficult to tackle entrenched problems or enact comprehensive reforms

Public Trust and Corruption

  • Public trust and approval of legislatures tends to be lower than other branches of government
    • Perceptions of corruption, ineffectiveness or unresponsiveness are common
    • Scandals and misconduct can further erode trust in legislative institutions
  • Lack of in legislative process can breed suspicion
    • Backroom deals, influence of special interests, and "pork barrel" spending
    • Reforms to increase transparency include public committee meetings, lobbying disclosure, freedom of information laws

Legislatures in Presidential vs Parliamentary Systems

Separation of Powers

  • In presidential systems, the legislature is a separate and independent branch from the executive
    • Neither branch serves at the pleasure of the other
    • Examples: US, Brazil, Mexico, Nigeria
  • In parliamentary systems, the executive arises from the legislature
    • Prime minister and cabinet are selected from and accountable to the parliament
    • Requires the ongoing confidence of the parliament to remain in power
    • Examples: UK, Germany, Japan, India

Agenda Control

  • Presidential systems typically afford the legislature more autonomy to set its own agenda
    • Legislature can act as an independent check on executive power
    • Committees and legislative leaders have more control over the flow of legislation
  • In parliamentary systems, the legislature's agenda is largely controlled by the cabinet and prime minister
    • Government introduces most major legislation and sets parliamentary timetable
    • Opposition can introduce bills and amendments but rarely succeeds without government support

Executive-Legislative Relations

  • In presidential systems, deadlock can emerge between separately elected branches
    • President and legislature may be from different parties with divergent agendas
    • Executive veto power can be a key tool in legislative negotiations
  • In parliamentary systems, executive depends on maintaining legislative majority
    • Prime minister and cabinet are accountable to parliament and can be removed by no-confidence votes
    • Executive's majority control of legislature can lead to concerns about weak oversight
      • Perception of parliament as "rubber stamp" for government initiatives

Leadership Selection

  • Leadership of the legislature in presidential systems usually determined internally
    • Speaker of the House, committee chairs, etc. elected by majority party or coalition
    • Leader of opposition also recognized based on party standings
  • In parliamentary systems, the speaker is often selected by the ruling party or coalition
    • Other presiding officers and committee chairs also chosen by majority
    • Opposition leadership posts allocated based on party seat share

Key Terms to Review (18)

Bicameral legislature: A bicameral legislature is a legislative body that has two separate chambers or houses, typically referred to as the upper house and the lower house. This system allows for a division of powers and responsibilities within the legislature, ensuring a more thorough examination of proposed legislation and a balance of interests among different social groups and regions. The dual chamber structure impacts the functioning of legislative bodies, the organization of committees, and the relationship between the legislature and the executive branch.
Bill drafting: Bill drafting is the process of writing and preparing proposed legislation for consideration by a legislative body. This essential function of legislatures ensures that laws are clearly articulated and effectively communicated to lawmakers, allowing them to debate, amend, and vote on the proposals. It involves careful attention to legal language, structure, and the intended policy goals to achieve a specific outcome in the governance process.
Budget approval: Budget approval is the process by which a legislative body reviews, amends, and formally accepts a proposed budget submitted by the executive branch of government. This process is crucial because it determines how public funds will be allocated and spent, impacting various sectors such as education, healthcare, infrastructure, and social services. The authority to approve the budget is one of the primary powers of legislatures, reflecting their role in overseeing government spending and ensuring accountability.
Checks and Balances: Checks and balances is a fundamental principle of governance that ensures no single branch of government can dominate or abuse power by providing each branch with the means to limit the powers of the others. This system is essential for maintaining a balance of power, promoting accountability, and protecting individual rights within a political system.
Committee system: The committee system is a structure within legislative bodies that organizes members into smaller groups to focus on specific areas of policy, legislation, or oversight. This system enhances efficiency and expertise by allowing legislators to collaborate on various issues, enabling them to divide their workload while thoroughly examining complex topics. Committees play a critical role in the legislative process, as they are responsible for reviewing bills, conducting hearings, and making recommendations for further action.
Congressional system: A congressional system is a form of government where the legislative branch, or congress, holds significant power and is separate from the executive branch. This system is characterized by a bicameral legislature that typically consists of two houses, often with distinct powers and responsibilities, ensuring a system of checks and balances between branches of government.
Descriptive representation: Descriptive representation refers to the idea that elected representatives should mirror the demographics of the population they represent, including characteristics like race, gender, ethnicity, and socioeconomic status. This concept emphasizes the importance of having a legislature that reflects the diversity of society to enhance legitimacy, promote inclusiveness, and ensure that various perspectives are considered in political decision-making.
Institutional Design: Institutional design refers to the process of creating and structuring institutions within a political system, shaping how they function and interact with one another. This design is crucial as it influences the balance of power, the accountability of leaders, and the overall effectiveness of governance. The way institutions are designed can lead to different political outcomes, particularly in hybrid regimes and illiberal democracies, as well as impacting the roles and powers of legislatures within a state.
Law-making: Law-making is the process through which legislative bodies create, amend, or repeal laws that govern society. This essential function is crucial in shaping policy, addressing social issues, and ensuring the rule of law. Through law-making, legislatures play a vital role in reflecting the will of the people and balancing different interests within a political system.
Majority leader: The majority leader is a key political figure in a legislative body, usually the party member who holds the most seats, responsible for coordinating and directing the party's legislative agenda. This role is crucial for managing the party's strategies, mobilizing support for legislation, and ensuring that the party's priorities are addressed in discussions and votes.
Oversight: Oversight refers to the authority and responsibility of legislative bodies to monitor and review the activities of the executive branch and various agencies to ensure accountability, transparency, and adherence to laws and regulations. This function is crucial in maintaining a balance of power, as it allows legislatures to evaluate government actions, conduct investigations, and provide checks on executive authority. Oversight encompasses both formal processes, such as hearings and reports, and informal methods, like communication with constituents and public engagement.
Power Distribution: Power distribution refers to the way authority and responsibilities are allocated among different branches of government, particularly in relation to how legislatures function within a political system. It involves understanding the balance between central and local authorities, the relationship between different legislative bodies, and how these factors influence policy-making. This concept is crucial for analyzing the effectiveness and representativeness of a legislature in fulfilling its roles in governance.
Representation: Representation refers to the way in which individuals or groups are portrayed or symbolized in political processes, particularly within legislatures. It is crucial for ensuring that diverse interests and voices are included in decision-making, influencing policies and laws. Representation can manifest through various mechanisms, such as electoral systems, the structure of legislative bodies, and voter engagement, shaping the relationship between citizens and their government.
Substantive representation: Substantive representation refers to the extent to which elected officials represent the interests, preferences, and values of their constituents, particularly in policy-making and legislative processes. This type of representation emphasizes the importance of policies that address the needs and concerns of specific groups, rather than merely reflecting the demographics of the electorate. Substantive representation is crucial for ensuring that diverse voices are heard and considered in political decision-making.
Transparency: Transparency refers to the openness and clarity with which governments, organizations, and institutions operate, allowing stakeholders to understand decisions, policies, and actions. This concept is essential in fostering accountability, reducing corruption, and enhancing public trust by making information accessible and understandable. High levels of transparency often correlate with the legitimacy of political processes, electoral integrity, and effective governance on both national and international levels.
Unicameral legislature: A unicameral legislature is a legislative body that consists of a single chamber or house, as opposed to a bicameral system, which has two separate chambers. This structure simplifies the legislative process, enabling quicker decision-making and potentially more efficient governance, as it requires less coordination between different legislative bodies. Unicameral legislatures can vary in their powers and functions, but they generally serve the primary purpose of enacting laws, representing the electorate, and providing oversight of the executive branch.
Westminster Model: The Westminster Model is a parliamentary system of governance characterized by a fusion of powers between the executive and legislative branches, where the executive is drawn from the legislature. This model emphasizes the role of a strong, responsible government that is accountable to parliament, as well as the significance of political parties and majority rule in shaping policy decisions.
Whip: A whip is a member of a political party in a legislature whose primary role is to ensure party discipline and manage the party's legislative agenda. Whips help coordinate party members' actions, communicate party policies, and rally support for votes, making them crucial for maintaining party unity and effectiveness within the legislative process.
© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
Back
Practice QuizGlossary
Practice QuizGlossary
Next guide