The Role and Structure of Legislatures
Role of Legislatures
Parliamentary vs. Presidential Systems
Parliamentary legislatures are more critical to forming the government than presidential legislatures.
Key Roles of Legislatures
- Representation
- Legislation
- Approving expenditures
- Forming government
- Deliberation
- Oversight
Representation
Types of Representation
- Formalistic: How representatives are elected, perform their office, and are held accountable.
- Descriptive: Resembling the constituents in terms of demographics and background.
- Symbolic: How representatives are viewed by constituents (e.g., competent, partisan).
- Substantive: Serving the interests of voters.
- Collective: Representing all voters, not just their own constituents.
Most representatives owe their election to their party and are expected to vote for its agenda. Some systems even require party votes.
Legislation
Most laws originate outside the legislature, such as from the president, prime minister, political parties, lobbyists, or interest groups.
Parliamentary System
- Bills typically originate with government ministers and bureaucrats.
- The legislature primarily refines and approves these bills, fixing any mistakes.
Presidential System
- Only the congress can introduce bills.
Approving Expenditures
One of the oldest and most fundamental functions of legislatures is approving government expenditures. Usually, the executive branch prepares the budget, and the legislature approves it. In most countries, the budget is effectively finalized before it reaches the legislature. The United States is a notable exception, where Congress allocates funds and determines their use.
Power of the Purse
Requirements for legislatures to effectively control the budget:
- Ability to amend the budget
- An effective committee system
- Sufficient time to consider the budget
- Access to background information
Most legislatures lack at least one of these requirements.
Forming Governments
Presidential System
The president is elected separately from the legislature and depends on a sympathetic legislature to effectively lead.
Parliamentary System
The government is determined by the party in control of the legislature. The legislature can effectively make or break the government.
Deliberation
Debating Legislature
Deliberation primarily occurs in the chamber during plenary sessions (meetings of the entire legislature).
Committee-Based Legislature
Most work occurs in committees, which are smaller groups assigned to examine proposals in detail.
Oversight
Legislatures have an oversight function, watching over the executive branch.
Presidential System
The level of oversight is influenced by the party in control of Congress and the executive’s relationship with Congress.
Parliamentary System
The legislature is typically more aligned with the executive but still monitors it through:
- Questions to leaders and ministers
- Interpellations (questions demanding a prompt response)
- Emergency debates
- Votes of confidence (if lost, the government resigns)
Chambers of the Legislature
Unicameral vs. Bicameral
Unicameral (One Chamber)
Directly reflects the popular will, is more accountable, but lacks checks and balances.
Bicameral (Two Chambers)
- Lower Chamber: Typically the source of bills and controls the budget.
- Upper Chamber: Reviews and revises legislation, shares the workload with the lower chamber, provides more opportunities for debate, protects minority rights, but can slow down the legislative process.
Weak Bicameralism
The lower chamber dominates and is primarily responsible for government accountability, budget control, and introducing major legislation. It can typically override the upper chamber.
Strong Bicameralism
Both chambers are balanced and represent public interests differently. In the United States, the House of Representatives represents the people, while the Senate represents the states. The upper chamber’s selection method must be different from the lower chamber’s (e.g., direct election, indirect election, appointment).
Representatives
Types of Representation
- Delegate: Acts as a mouthpiece for the voters.
- Trustee: Uses their best judgment to represent voters.
- Partisan: Makes decisions in line with their political party.
- Mediator: Mediates between the government and voters.
- Advocate: Fights for the cause of their voters.
Rise of the Professional Politician
The emergence of a “political class” can sometimes lead to representatives becoming removed from voter interests.
Authoritarian Legislatures
Purpose
- Provide a facade of legitimacy
- Absorb moderate opponents into the system
- Address grievances of constituents
- Cultivate potential new support
- Control constituent demands to the government
Origin and Development of Legislatures and Bureaucracies
Ancient China
Ancient China had one of the most developed early legislatures. Confucius believed in meritocracy, advocating for government positions to be earned through examination and qualification.
Confucius
- Lived from 551 BC to 479 BC
- Was self-taught and aspired to government office
- Charged students for his teachings on life and government
- Advocated for civil service exams for government jobs
Confucianism
Confucianism emphasizes harmony in human relationships, the inherent goodness of people, social order, and the importance of virtuous rulers who serve as examples.
Five Relationships
Confucianism emphasizes five key relationships for social harmony:
- Father to Son
- Elder Brother to Younger Brother
- Husband to Wife
- Ruler to Subject
- Friend to Friend
Spoils System
The spoils system, where elected politicians give jobs to their supporters, can lead to inefficiencies and corruption.
Bureaucratic Organization
- Departments: Managed by a minister or secretary, often with cabinet-level status, and usually established by law.
- Departments are divided into smaller units (sections or bureaus).
- Older departments perform traditional state functions (e.g., defense, treasury).
- Newer departments handle modern functions (e.g., agriculture, welfare, housing).
Formation of Agencies
Legislation determines the purpose of agencies, which are then given authority to design and implement policies, put laws into effect, and issue rules and regulations.
Recruitment
- Unified: Recruits to the civil service as a whole based on intelligence and education.
- Departmental: Recruits to specific departments based on technical expertise.
- Affirmative Action: Recruits to overcome past discrimination.
Constraints
Legislation imposes constraints on agencies, particularly through transparency laws requiring public meetings and access to documents.
Authoritarian States
Authoritarian states rely on bureaucracies for economic stability but are prone to using the spoils system, leading to inefficiencies and corruption.