<< back to Chapter notes list

CHAPTER FIFTEEN: LEGISLATURES

15.1 The representative role of legislatures, exemplifying liberal and democratic politics. Their growing significance in a democratic world (p. 305).

 

15.2 Structure. Number of members influenced by population. The predominance of unicameral legislatures in a democratic world; accountability of the parliamentary executive to this chamber. The functions of a second chamber as a liberal check and as a representative of the states in federations. Strong and weak bicameralism. Mode of selection to second chamber: direct election, indirect election, appointment (pp. 305-9).

 

15.3 The importance of committees to the modern legislature. Standing, select and conference (mediation) committees. Effective committees need expertise, intimacy and support (pp. 308-9).

 

15.4 Functions of modern assemblies: representation, deliberation and legislation. Other functions: authorizing expenditure, making governments, and the growing importance of scrutiny (pp. 309-18).

 

15.5. Interpretations of representation: microcosm and party models. Incompatibility of microcosm with election. Deliberation: debating matters of national moment. Burke and Mill. Effected either through floor debate or through the 'policy refinery' of committees. Debating vs. committee-based legislatures (309-11).

 

15.6 Legislation: much governance does not involve law-making. Dominance of the executive in law-making. Some exceptions: coalitions, strong committees, the USA. Process of law-making, including mediation (conference) committees (pp. 311-4).

 

15.7 Authorizing expenditure: now usually executive-controlled (the American exception). An effective role for the legislature in the budget requires committees with time, information and amendment authority (pp. 314-5).

 

15.8 Scrutiny: an emerging and useful role but the executive reluctant to cede relevant powers. Techniques of oversight: questions and interpellations, emergency debates, confidence votes and committee investigations (pp. 315-8).

 

15.9 Recruitment: The assembly in parliamentary systems as a training and proving ground for the elite. A model of recruitment: from the population to eligibles, aspirants, candidates and finally to members. In presidential systems, at least the USA, separation of powers means the president is often drawn from state office rather than the legislature (pp. 318-9).

 

15.10 Membership: the rise of the professional politician and perhaps of a political class. American entrepreneurs vs. party careerists elsewhere. The incumbency effect and slow turnover. Term limits as an unsatisfactory response. Celebrities-turned-politicians vs. politicians-turned-celebrities. Political dynasties and families (pp. 319-24).

 

15.11 Legislatures in authoritarian states. Large size and infrequent sessions. Grievance-raising and constituency representation. But parliaments provide some legitimacy to the rulers and they incorporate moderates into the regime. Quotas under communism. How China’s National People’s Congress has established a role in the country’s power network but without acquiring the full authority of a legislature in a democracy. The fascist critique of talking shop parliaments (pp. 324-6).

 

15.12 In illiberal democracies, legislatures are part of the furniture and their position can be significant in areas that do not threaten presidential leadership. However, such assemblies operate in the shadow of executive authority. The president (directly elected) may govern by decree as well as by law and in extremis may dissolve a recalcitrant legislature in search of more congenial arrangements (pp. 326-7).