The Legislature – SS1 Government Lesson Note (Second Term)

The legislature is the organ of government that makes laws for a country.

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?

The legislature is the organ of government responsible for making laws.

• Purpose: its laws give backing to government policies.
• Role: it guides the relationship between the government and the governed.
• Membership: it is made up of elected legislators, such as members of the House of Representatives, the Senate and the House of Assembly.
• Names: it may be called parliament or national assembly, and in some countries congress, as in the USA.
• Structure: it can have one chamber (unicameral) or two chambers (bicameral).

What are the functions of the legislature?

The legislature has eight main functions.

• Law making: its primary function is to make laws for the good governance of the country.
• Approval of executive policy: important policies such as treaties and declaration of war need legislative approval.
• Control of public funds: the legislature scrutinises and endorses government spending and taxation.
• Power of impeachment: it can remove the head of the executive if he commits a very serious offence. Impeachment means formally charging and removing an official from office.
• Monitoring of government activities: it checks government agencies and parastatals.
• Inquiry: it can order an inquiry into any public organisation and summon any official for questioning.
• Constitutional amendment: any change to the constitution requires legislative action.
• Education: it informs the public through debate on issues before it.
• Judicial functions: in some countries the legislature acts as a court in certain cases. Before 2009, the British House of Lords was the highest court in Britain.

What are the types of legislature?

There are two types of legislature: bicameral and unicameral.

What is a bicameral legislature?

A bicameral legislature is a legislature with two chambers: an upper house and a lower house.

• Nigeria: the National Assembly has the Senate (upper house) and the House of Representatives (lower house).
• Membership: in Nigeria and the USA, members of both houses are elected.
• Other examples: Australia, Mexico, Belgium, Brazil, India, Germany, Canada, Malaysia and Pakistan.

What are the advantages of a bicameral legislature?

• Thorough law making: a bill must pass through two houses, so it is discussed exhaustively.
• Checks and balances: if one house acts arbitrarily, the second house can call it to order.
• Experienced personnel: it makes room for politically and administratively experienced people in law making.
• Guard against despotism: the second chamber checks the tyranny of a one-chamber legislature.
• Equal representation of units: in a federation where the upper house gives equal seats to each unit, members feel equal.
• More democratic: most modern states adopt it for this reason.
• Check on the executive: it can restrain the executive, especially when the constitution is violated.
• Proper scrutiny: bills are properly debated, so better laws are made.

What are the disadvantages of a bicameral legislature?

• Expensive to run: a lot of funds are needed to maintain two chambers.
• Delay in passing bills: law making is slower than in a unicameral legislature.
• Rivalry: the two houses may quarrel over which is superior.
• Unsuitable in emergencies: delay is harmful when quick action is needed.
• Dumping ground: if the second chamber is by nomination or appointment, it may house political rejects who lost at the polls.
• Possibly undemocratic: in some countries, such as Britain, the upper house is not elected.
• Waste of resources: duplicated functions waste human and financial resources.

What is a unicameral legislature?

A unicameral legislature is a legislature with only one house that makes laws.

• Nigeria: it operates at state level. Each of the 36 states has one House of Assembly.
• Other examples: Ghana, Sierra Leone, Gambia, Cape Verde, Burkina Faso and Bulgaria.

What are the advantages of a unicameral legislature?

• Quick passage of bills: only one house considers a bill, so time is saved.
• Economical: money for the salaries and allowances of a second chamber is saved.
• Less room for filibusters: a filibuster is the use of long speeches to delay or block a vote, and one house gives less room for it.
• Ideal for small countries: it suits small countries with a homogeneous (similar) social and economic organisation.
• No dumping ground: it does not provide a place for political deadwood.

What is the difference between bicameral and unicameral legislatures?

What is parliamentary supremacy?

Parliamentary supremacy is the idea that parliament is the highest law-making authority in a state.

What are the limitations to parliamentary supremacy?

Seven things limit the supremacy of parliament.

• Constitutional limitation: the role of parliament is defined in the constitution.
• Judicial review: the courts, such as the Supreme Court, can declare acts of the legislature unconstitutional, null and void.
• International laws and rules: a country must obey rules of organisations it belongs to, such as the U.N.O., A.U., ECOWAS and OPEC.
• Interest groups: political parties and pressure groups, at home and abroad, can restrict parliament.
• Resources of the state: a country that depends on others militarily, economically or technologically has less freedom to act.
• Public opinion and mass media: their influence can limit what parliament does.
• Complexity of government: modern government needs power to be delegated to subordinate bodies, which limits parliament.

What is a bill?

A bill is a proposed law presented to parliament for discussion.

• Assent: a bill passed by parliament becomes law only when the president or head of state signs it.

What are the types of bills?

There are three types of bills: public bills, money bills and private member’s bills.

• Public bill: deals with matters that affect the whole country or a section of it. It comes from the executive arm.
• Money bill: deals with how the government raises and spends money. A budget of estimated revenue and expenditure is an example.
• Private member’s bill: introduced into parliament by a member of that house.

How does a bill become law?

A bill becomes law after it passes through readings, committee work and a vote in each house, then receives assent.

1. First reading: a minister or member presents the draft of the bill to the clerk of the house.
2. Second reading: the mover explains the purpose of the bill, and members debate for or against it. A vote is taken. If the majority votes for it, the bill moves on. If not, the bill ends.
3. Committee stage: if the House accepts the principles of the bill, a committee discusses it in detail, amends it and reports.
4. Report stage: the committee findings are reported to the House, or the amended bill is placed before it.
5. Third reading: the House takes a final look to correct drafting errors and takes a final vote.
6. The other house: the bill goes to the other house, where it passes through similar stages. If that house suggests amendments, both houses set up a joint committee to settle the differences.
7. Assent: after passing all five stages in both the House of Representatives and the Senate, the bill goes to the president. It becomes law once he 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. Write short notes on the three types of bills, then list the stages a bill passes through before it becomes law.