We explain what the Legislative Branch is, its origin and who is part of it. We also explain its general characteristics and examples.
What is the legislative branch?
The legislative power or legislature is called one of the three public powers assigned to the State in modern RepublicsIt differs from the executive branch (the political and administrative leadership of the country) and the judicial branch (the execution and interpretation of the laws).
The legislative power It normally resides in a legislative assembly, also called congress.. It is made up of deputies and senators elected by popular vote. Each of them fights for the approval and/or repeal of laws for the better functioning of the Republic.
The total number of members of the legislative branch They constitute a debating institution called parliamentcongress or assembly. They act as representatives of the different political parties and tendencies that make up the people.
See also: Supreme Court of Justice
What is the origin of legislative power?
Parliamentary assemblies They existed primitively in Classical AntiquityThey first emerged in Ancient Greece and later in the Roman Empire.
The Roman assemblies fluctuated in their functions in the monarchy (naming emperors) and the republic (using the Roman Senate). However, a parliament as we understand it today did not exist until the end of the Middle Ages.
At that time the absolutist monarchies that proliferated so much during the Christian era began to encounter resistance from the new pre-capitalist social classes. Among them, The bourgeoisie (i.e. the merchants) pushed for the change of regime which led to the establishment of democratic republics.
With the new political system the people could elect their representatives to debate in a national assembly. The first of these, in fact, took place during the French Revolution of 1789. One of its decisions was to proclaim for the first time the universality of human rights.
Who makes up the legislative branch?
The legislative power It is made up of legislators: deputies or senatorsalso known as congressmen or parliamentarians. They are all part of a plural debating body called the Legislative Assembly (or Congress, Parliament, National Assembly, Senate, etc.).
These officials They are elected by free, universal and secret popular voteThey can belong to different political parties, express different political tendencies and thus represent the diversity of the nation.
Powers of the legislative branch
The main functions of the legislative bodies are:
- The formulation, discussion and approval of the laws that govern the nation.
- Administration of the national budget and approval of any budget item requested by the other powers.
- To limit or supervise the operation of other public powers, especially the executive, and must ratify in writing any signed convention, treaty or agreement.
- In the event of a crisis or emergency, Congress may ratify, remove or investigate any political official in office.
Types of Legislative Assembly
There are two main forms of Legislative Assembly: bicameral or unicameral.
- The unicameral Legislative Assembly (one chamber). It is typical of small and more or less homogeneous countries, in which legislative power corresponds to a single assembly of deputies with voice and vote in all matters.
- The bicameral Legislative Assembly (two chambers). It is divided into two separate legislative chambers: the lower house, or Chamber of Deputies, and an upper house, or Senate. Decisions by the upper house are more important than those by the lower house, and for a law to be passed it generally needs the approval of both chambers.
There are also three-chamber or even four-chamber chambers, but they are not very common, since they imply a tripling or quadrupling of the time needed to approve each project.
Differences between deputies and senators
In a bicameral legislative system, deputies and senators are divided into two chambers. The difference between the two chambers varies and depends on the specific government regimebut it usually involves two moments of debate.
- Chamber of Deputies. It is usually the lower chamber of the National Congress, that is, the first to debate bills. Its terms are usually shorter and it is elected by the people in a direct vote.
- Senate. This is the Senate, also known as the Upper House. Their terms are usually longer and they are elected by indirect vote. In federative republics, they usually correspond to the number of federated states or provinces.
In some cases the upper house has greater decision-making powerwhile in others it plays the role of legal advisor, giving the lower house a new opportunity to modify or reject bills.
What is parliamentarism?
The term “parliamentary system” is usually used to refer to any political system that has an assembly in which laws are debatedHowever, we are talking about a very specific form of government when we refer to parliamentary democracy or parliamentarism.
This is a system of government in which The executive branch is not directly elected by popular vote.but indirectly through the vote of the parliamentarians. In other words, the legislative power elects the executive power.
This dynamic usually occurs in countries where, in addition to the head of government (such as a prime minister) There is a head of state (King or president).
At the moment, Heads of state have no decision-making powerHowever, when parliamentary monarchies began, it was a way of opposing a democratic executive power to monarchical power. This occurs in countries such as the United Kingdom and Spain.
Importance of the legislative power
The legislative power is key in a democratic republicas it serves as an important counterweight to the other branches of government. This is because it debates and votes on laws independently of any position of the executive branch.
In addition, its decisions, both on new laws and on necessary amendments to existing laws, They mark a path for the judiciary to followIn the field of law, it can be the expression of the popular will, since it is democratically elected.
Example: Argentina
In the Argentine Republic, Legislative power is exercised by the National Congresscomposed of two chambers: the Chamber of Deputies and the Chamber of Senators. All its members are elected by universal, secret and direct suffrage.
The deputies are elected by the entire population.through its political parties, social organizations, etc. Senators are elected in each province to represent it in the National Congress. This is because it is a federal system.
Each chamber deals separately with:
- Deputies:
- Receive bills submitted by popular initiative.
- Initiate the process of popular consultation for a bill.
- Initiate laws on contributions and recruitment of troops.
- Publicly question any figure of the nation’s executive branch before the Senate.
- Senators:
- To try the accused politically by the Chamber of Deputies.
- Authorize the declaration of a state of siege by the President.
- Regulate the legal matters of the Tax Collection Convention Law.
- Approve laws issued in the Chamber of Deputies.
- To appoint, alongside the executive, magistrates, ambassadors, chargés d’affaires and other officials.
What is the judiciary?
The judiciary is the public power in charge of exercising justice. Interpret and enforce laws in every possible national area: criminal, civil, constitutional, procedural, etc.
It is the state arm responsible for making legal decisions and therefore capable of imposing punishments, requesting law enforcement to arrest and detain any citizen found guilty of a crime. It also performs other functions that have to do with the legal framework of the nation.
What is the executive branch?
The executive branch is the “head” of the State, that is, the power in charge of leading the Republic and to make strategic decisions, like the captain of a ship. It is made up of the president, vice president, ambassadors and the ministerial train, that is, those who deal with the tasks of external relations, maintenance and strategic planning of state resources.