In this article you will learn about the Legislature in Political Science.
Legislature
Out of the three organs of the government, the place of primary belongs to the Legislature. The functions of government begin by law-making which is followed by law-enforcement and adjudication functions. “Logically, law-making precedes its execution” writes C.F. Strong, “and, therefore, the legislature is, at first sight, of greater importance than the executive which administers the law, or the judiciary which punishes the transgressor.” It is a political institution that creates laws and regulations that govern the state and society. In a democratic system, they represent the voice of the people and provide a platform for citizens to participate in the political process.
The legislature is that organ of the government which is concerned with the making of laws. It is the agency which has the responsibility to formulate (after debates, discussions and deliberations) the will of the state and vest it with legal authority and force. In fact, when a political system has a weak legislature or a legislature dominated by the ruling group, the political system is held to be an authoritarian political system.
The term ‘legislature’ is a generic term meaning a body which legislates i.e. make laws. The term ‘Legg’ means law and ‘lature’ the place. Etymologically, legislature means a place for law-making. Another term, which is used as a synonym of Legislature is ‘Parliament’. This word is derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate. In this way, we can say ‘Parliament’ means the palace where deliberations are held. Combining the two views, we can say, Legislature or Parliament is the branch of government which performs the function of law-making through deliberations.
A modern legislature has the power to make, amend, or repeal the laws for the society it represents. It is an integral and inseparable part of every democratic government. The existence of a fully representative, directly elected, active and powerful legislature is considered to be an absolutely essential feature of a liberal-democratic political system. The legislature acts as the mirror of public opinion. It alone can transform public demands into authoritative laws. In the absence of such a legislature, the political system is regarded as undemocratic, or totalitarian or authoritarian as the case may be. A nominated or ‘selected’ legislature is not really a legislature, it is an extended arm of the executive or the dictator, and hence the political system with such a legislature is, by all standards, an undemocratic system.
A legislature typically comprises two chambers: the lower house (also known as the House of Representatives or the National Assembly) and the upper house (also known as the Senate or the Council of States). The lower house is responsible for initiating and passing legislation, while the upper house acts as a check and balance on the lower house. In some countries, the upper house also has the power to approve or reject presidential appointments and treaties.
Legislatures are usually elected through a democratic process, such as a general election. Members of the lower house are usually elected by citizens in their respective electoral districts, while members of the upper house are elected through a different process, such as appointment by the president or indirect election by members of the lower house.
The legislative process begins with the introduction of a bill, which is a proposed law. A bill can be introduced by any member of the legislature, or by the government itself. Once a bill is introduced, it undergoes a series of debates, committee hearings, and votes before it becomes a law. During this process, legislators may propose amendments to the bill and the public may provide input.
One of the key functions of a legislature is to hold the government accountable. Legislators are expected to scrutinise government actions, policies, and spending, and to question government officials. They may also initiate investigations into matters of public concern and conduct hearings to gather information.
In addition to creating laws, legislatures also play an important role in the budget process. They are responsible for approving government spending and ensuring that tax dollars are spent wisely. They may also approve tax hikes or cuts, and allocate funding to different areas of government, such as education, health, and defence.
Legislatures also play a crucial role in representing the interests of their constituents. Members of the legislature serve as a link between citizens and the government, and are expected to advocate for the needs and concerns of their constituents. In many countries, legislators also have the power to initiate legislation in response to constituent concerns.
This article on Legislature in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.