The Legislature – SS1 Government Lesson Note (Second Term)

The legislature is the organ of government that makes laws. It backs government policies and guides the relationship between the government and the governed. It is made up of elected legislators and may be called parliament, national assembly or congress. A legislature can have one chamber (unicameral) or two chambers (bicameral).

Behavioural objectives

By the end of the lesson, students should be able to:

1. define the legislature and state its functions;
2. distinguish between bicameral and unicameral legislatures;
3. state the advantages and disadvantages of each type of legislature;
4. list the limitations to parliamentary supremacy;
5. explain what a bill is and name the types of bills;
6. describe the stages through which a bill becomes law.

What is the legislature?

A legislature is an organ of government responsible for making laws. These laws give backing to government policies and guide the relationship between the government and the governed. The legislature is often referred to as parliament or national assembly, and in some countries it is called congress, as in the USA. It is made up of elected legislators, such as members of the House of Representatives, the Senate and the House of Assembly.

What are the 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 scrutinised and endorsed by the legislature.
4. Power of impeachment: The legislature has the power to impeach the head of state if he commits a very serious offence.
5. Monitoring and evaluation of government activities: The legislature checks the activities of government agencies and parastatals. It can order an inquiry into the activities of any public organisation 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 members of the public through debate on issues before it.
8. Judicial functions: In some countries, notably Britain, the legislature performs judicial functions. The British House of Lords is the highest court in some cases.

What are the types of legislature?

There are two types of legislature:

1. Bicameral legislature
2. Unicameral legislature

What is a bicameral legislature?

A bicameral legislature is one with two chambers: the upper house and the lower house. In some countries, such as Nigeria and the United States of America, membership of both the upper house and the lower house is by election.

Other countries that adopt a bicameral legislature are Australia, Mexico, Belgium, Brazil, India, Germany, Canada, Malaysia and Pakistan.

Advantages of bicameral legislature

1. Law making: 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 bicameralism provides checks against the excesses of a single house. If a legislative house tends towards arbitrariness, it can be called to order by the second house.
3. Mature and experienced personnel: Bicameralism creates room for more politically and administratively experienced people to be used in the art of law making.
4. Despotism of a single chamber: The second chamber checks the excesses and guards against the tyranny of a one-chamber legislature.
5. Equitable distribution of seats: In a federal state where the composition of the upper house is based on equal representation of component units, members tend to have a feeling of equality.
6. More democratic: Most modern states embrace a bicameral legislature because it is more democratic.
7. Excesses of the executive: A bicameral legislature can check the excesses of the executive, especially where the provisions of the constitution are violated.
8. Proper scrutiny: Bills are properly debated in a bicameral legislature, which makes it possible for better laws to be made in the country.

Disadvantages of bicameral legislature

1. More expensive to run: A lot of funds are needed to maintain the two chambers and the other things that go with them.
2. Delay in passing of bills: Bicameralism 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 emergency, when actions must be taken quickly.
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 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.

What is a unicameral legislature?

A unicameral legislature is one in which a country has 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 a unicameral legislature are Ghana, Sierra Leone, Gambia, Kenya, Cameroon, Cape Verde, Burkina Faso, Bulgaria and the Benin Republic.

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 in a bicameral legislature, is saved.
2. It is economical: Less public money is required to run a unicameral legislature, as the money that would have been used to pay salaries and allowances of members of a second chamber is saved.
3. Less room for filibusters: It gives filibusters less room to carry out their activities than a two-chamber legislature does.
4. Ideal for small countries: A unicameral legislature is ideal for small countries with a homogeneous social and economic organisation.
5. Dumping ground: In some cases, a unicameral legislature does not provide a dumping ground for political deadwood.

The concept of parliamentary supremacy

Limitations to parliamentary supremacy

1. Constitutional limitation: The role of 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, null and void if they go contrary to the provisions of the constitution.
3. Laws or rules: These are laws and rules made by international organisations of which a country is a member, e.g. U.N.O., A.U., ECOWAS and OPEC.
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 depends on other countries militarily, economically, technologically and so on.
6. Public opinion and mass media: Public opinion and the influence of the mass media can limit the supremacy of parliament.
7. Complexity of government: The complex nature of modern government makes it necessary for power and functions to be delegated to subordinate bodies, which limits the supremacy of parliament.

What is a bill?

A bill is a proposed law to be discussed in parliament so that it can become law. For a bill passed in parliament to become a law, the president or head of state has to give his assent, that is, sign the bill.

What are the types of bills?

1. Public bill: This is a bill that deals with matters or problems that affect the whole country or a section of it. This type of bill comes from the executive arm of government.
2. Money bill: This bill deals with how the government raises and spends money. A money bill can 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 parliament by a member of that house or parliament.

How does a bill become law?

1. First reading: This is the first stage of the bill. The draft of the bill is presented to the clerk of the house by a minister or a member of parliament, depending on the type of bill.
2. Second reading: The person presenting the bill explains its purpose to the House. Members of parliament then debate for or against the bill and whether it should be read a second time. It is put to a vote. If the majority of the members vote for the bill, it moves to the next stage. If not, that is the end of the bill.
3. Committee stage: If the principles of the bill are accepted by the House at the second reading, it is referred to one of the committees for detailed discussion, amendment and report.
4. The report: At this stage, 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 in the House, a thorough look is taken at the bill to correct errors connected with the drafting or amendment. A final vote is also taken on the bill.
6. The upper house: If the bill is passed, it is sent to the upper house, where it passes through similar stages. The bill first started in the lower house. Any further amendment suggested by the upper house requires both houses to set up a joint committee to resolve the differences.
7. Assent: After the bill has passed all five stages in both the House of Representatives and the Senate, it is taken to the president for his assent. The bill becomes law once the president signs it.

Evaluation

1. Define the legislature.
2. State four functions of the legislature.
3. Distinguish between a bicameral and a unicameral legislature.
4. List three limitations to parliamentary supremacy.
5. Outline the stages through which a bill becomes law.

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 D. four chambers
3. At the state level, Nigeria operates a ______ 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 D. fourth reading
5. A bill passes through ______ stages before becoming a law. A. 4 B. 5 C. 6 D. 7