The Legislature SS1 Government Lesson Note

MEANING OF LEGISLATURE

A legislature can be defined as an organ of government responsible for the making of laws which not only give backing to government policies but also guide interaction between government and the governed. The legislature is often referred to as parliament, or national assembly and in some countries it may be called congress as in the USA. The legislature is made up of elected legislators like members of the House of Representatives, senate and House of Assembly.

 FUNCTIONS OF THE LEGISLATURE

1. Law Making: The primary function of the legislature is to make laws for the good governance of the country.

2. Approval of the Policy of the Executive Organ: Some important policies proposed by the executive e.g. treaties and declaration of war require legislative approval.

3. Control of Public Funds and Expenditure: The finances of the country are under legislative control. The government’s spending and taxation are scrutinized and endorsed by the legislature.

4. Power of Impeachment: It has the power to impeach the head of state if he commits a very serious offence.

5. Monitoring and Evaluation of Government Activities: It checks the activities of government agencies and parastatals. The legislature can order an inquiry into the activities of any public organization or call any official to appear before it for questioning.

6. Constitutional Amendment: Any Amendment to the constitution requires legislative action.

7. Education; the legislature educates the members of the public through debate on issues before it.

8. Judicial Functions: In some countries notably Britain, the legislature performs legislative functions. The British House of Lords is the highest court in some cases.

TYPES OF LEGISLATURE

There are two types of legislature, these are;

1. Bi-cameral legislature.
2. Uni-cameral legislature

 BI-CAMERAL LEGISLATURE

Definition; A bi-cameral legislature is defined as one in which there are two-chamber legislature. There is the upper house and the lower house. In some countries such as Nigeria and the United States of America membership of the upper house and the lower house is by election. 

Other countries that adopt bi-cameral legislature are; Australia, Mexico, Belgium, Brazil, India, Germany, Canada, Malaysia and Pakistan.

 ADVANTEGES OF BICAMERAL LEGISLATURE

1. Lawmaking: For a bill to become law, it must pass through the two legislative houses. This ensures that bills are exhaustively discussed before they are passed into law.
2. Checks and Balances: The existence of bi-cameralism provides checks against legislative excesses of a single house. If a legislative house tends towards arbitrariness, it can be called to order by the second house.Mature and Experienced Personnel: Bi-cameralism creates room for more politically and administratively experienced people to be utilized in the art of law-making.
3. Despotism of a Single Chamber: The second chamber checks the excesses and guards against the tyranny of a one-chamber
4. Equitable Distribution of Seats: In a federal state where the composition of the upper house is based on equal representation of component units, it tends to give members a feeling of equality.
5. More Democratic: Most modern states embrace bi-cameral legislature because it is more democratic.
6. Excesses of the Executive; Bi-cameral legislature can check the excesses of the executive, especially in the areas of violating the provision of the constitution.
7. Proper Scrutiny: Bills are properly debated in bi-cameralism thereby, making it possible for better laws to be made in the country.

 DISADVANTAGES OF BI-CAMERAL LEGISLATURE

1. More Expensive to Run: A lot of funds are needed to maintain two legislative chambers involved in the bi-cameral legislature and other things that go with them.
2. Delay in Passing of Bills: Bi-cameralism causes serious delays in the process of law-making, unlike unicameralism.
3.  Rivalry: It leads to unnecessary rivalry as to which of the houses is superior to the other.
4. Time of Emergencies; the delay in the passage of bills is not suitable in times of emergencies where actions are quickly taken.
5. Dumping Ground: The second chamber may be used as a dumping ground for political rejects at the polls if its membership is by nomination or appointment.
6. It could be undemocratic: Membership of the upper legislative house in some countries such as Britain is not based on election. This is undemocratic.
7. Waste of Resources: Duplication of functions could result in a waste of resources both human and financial.

UNICAMERAL LEGISLATURE

Unicameral legislature refers to a situation in a country where there is only one legislative house or body that makes laws.  This is the type of legislature in operation at the state level in Nigeria. All 36 states in Nigeria have a legislative chamber each. Examples of countries with the unicameral legislature are Ghana, Sierra Leone, Gambia, Kenya, Cameroon, Cape Verde, Burkina Faso, Bulgaria, the Benin Republic and so on. 

ADVANTAGES OF UNICAMERAL LEGISLATURE

1. Quick Passage of Bills: Since bills have to be considered by only one legislative house, the time that would have been needed to consider the same bill in a second house as obtained in bicameral legislature is saved.
2. It is economical: Less public funds are required to run a unicameral legislature as the money that would have been used to settle salaries/allowances of members of the second chamber is saved.
3. It does not allow filibusters to carry out their nefarious activities as they do when there are two chamber legislatures.
4. Ideal for Small countries; A unicameral legislature is ideal for small countries with homogeneous social and economic organization.
5. Dumping Ground: In some cases, a unicameral legislature does not provide a dumping ground for political deadwoods.

THE CONCEPT OF PARLIAMENTARY SUPREMACY

 LIMITATIONS TO PARLIAMENTARY SUPREMACY

1. Constitutional Limitation; the role of the parliament is defined in a constitution

2. Judicial Review: The Supreme Court has the power to review acts of the legislature and declare them unconstitutional or null and void if they go contrary to the provision of the Constitution.
3. Laws or Rules: These are laws and rules made by international organizations of which a country is a member e.g. U.N.O., A.U., ECOWAS, OPEC and so on.

4. Activities of Interest Groups: Some of the activities of political parties and pressure groups from within and outside the country can restrict parliamentary supremacy.

5. The Resources of the State: The supremacy of parliament can be restricted if the country is dependent on other countries militarily, economically, technologically etc.

6. Public Opinion/Mass Media: public opinion and the influence of mass media can bring about limitations to the supremacy of parliament.

7. Complexity of Government: The complex nature of modern government has made it imperative for power and functions to be delegated to subordinate bodies, thereby limiting the supremacy of parliament.

  MEANING OF BILLS

A bill may be defined as a proposed law to be discussed in the parliament for it to become law. A bill therefore metamorphoses into a law. For a bill passed in the parliament to become a law, the president or head of state has to give his assent i.e. sign the bill.

TYPES OF BILLS

1. Public Bill: This is a bill that deals with matters or problems that affect the whole or a section of the country. This type of bill comes from the executive arm of the legislature.

2. Money Bill: This bill deals with how the government raises and spends money. A money bill can therefore be in the form of a budget that deals with the total estimated revenue and expenditure of the government

3. Private Member’s Bill: This is a bill introduced into the parliament by a member of such a house or parliament.

 PROCEDURE ON HOW BILLS BECOME LAW

1. First Reading: This is the first stage of the bill. This is when the draft of a bill is presented to the clerk of the house by a minister or a member of the parliament depending on the type of bill.

2. Second Reading: This is the stage in which the person presenting the bill to the House will explain to the House the purpose of the bill. Members of the parliament will then debate or argue for or against the bill and whether it should be read a second time. It will be put into vote and if the majority of the members of the house vote for the bill, it will move to the next stage and if not, that will be the end of the bill.

3. Committee Stage: At this stage, if the principles of the bill are accepted by the house at the second reading, it is referred to one or other of the committees for detailed discussion, amendment and report.

4. The Report: At this stage, all the findings of the various standing committees are reported to the House or the bill is placed before the House after all the amendments have been made.

5. Third Reading: At this final stage, a thorough look would be taken at the bill to correct certain errors connected with the drafting or amendment. A final vote is also taken on the bill at this stage.

6. The Upper House: If the bill is passed, it is sent to the upper house where it passes through similar stages. It first started with the lower house. Any further amendment suggested by the upper house will require both houses to jointly set up a committee to iron things out.

7. Assent: The bill will now be taken to the president for his assent after the bill has passed all five stages in both the House of Representatives and Senate. The bill will automatically become law after being signed by the president.

ASSIGNMENT

1. The highest legislative body in Nigeria is called A. National Assembly B. House of Assembly C. Parliament D. Congress

2. Unicameralism  means  A. two chambers B. one chamber C. three chambers. four chambers

3. At the state level, Nigeria operates—- legislature  A. unicameral B. bicameral C. multilateral D. zero cameral

4. After which stage will a bill be said to have reached the committee stage   A. committee report B. first reading  C. second reading. fourth reading

5. A bill passes through —– stages before becoming a law A. 4 B. 5 C. 6D. 7