5.1 Functions and Powers of Legislatures

Legislatures are the backbone of democratic systems, making laws and keeping the government in check. They debate bills, approve budgets, and represent their constituents' interests. But their power and effectiveness can vary widely between countries and political systems.

The role of legislatures differs in presidential and parliamentary systems. In presidential systems, they're more independent from the executive. In parliamentary systems, they're closely tied to the ruling party. Either way, legislatures face challenges like gridlock, partisanship, and public distrust.

Functions of Legislatures

Lawmaking and Policy Formulation

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• Legislatures serve as the primary law-making body in democratic political systems
  • Responsible for debating, amending and passing legislation on a wide range of policy areas (healthcare, education, criminal justice, etc.)
  • Often have the power to declare war and regulate the armed forces
  • Ratify international treaties and agreements
• Members of the legislature act as representatives of their constituents
  • Advocate for local interests and address citizen concerns
  • Secure government resources and services for their districts (funding for infrastructure projects, social programs)
  • Sponsor and support legislation that benefits their constituents

Oversight and Checks and Balances

• Legislatures exercise oversight powers over the executive branch and bureaucracy
  • Conduct investigations and hold hearings into government misconduct or policy failures
  • Approve budgets and scrutinize government spending
  • Confirm and approve appointments to key executive and judicial positions
  • Can impeach and remove executives in cases of serious misconduct
• Legislatures play a key role in the system of checks and balances
  • Act as a counterweight to executive power by limiting the scope of presidential or prime ministerial authority
  • Can override executive vetoes with supermajority votes in some systems
  • Power to amend the constitution and structure of government in many systems

Scope of Legislative Power

Factors Shaping Legislative Power

• The specific powers granted to the legislature vary based on the country's constitution and legal framework
  • Some legislatures have broad authority to make laws and check the executive
  • Others face more constraints on their power and autonomy
• In presidential systems, the legislature is often independent from the executive
  • May have more autonomy in setting its own agenda and challenging the president
  • Examples: US Congress, Brazilian National Congress, Nigerian National Assembly
• In parliamentary systems, the executive arises from and is more intertwined with the legislature
  • Legislature usually dominated by the executive's party or coalition
  • Examples: UK Parliament, German Bundestag, Indian Parliament

Limits on Legislative Power

• Limits on legislative power may come from constitutional provisions
  • Constitutions outline specific enumerated powers granted to legislature
  • Other powers reserved for executive, judiciary, or sub-national governments
• Judicial review can strike down laws deemed unconstitutional
  • Courts can nullify legislative acts that violate constitutional principles
  • Constrains legislature's ability to pass sweeping or invasive laws
• Executive vetos can block or slow legislative initiatives
  • Many presidents/prime ministers have veto power to reject laws
  • Legislature may need supermajority to override veto and enact law
• International treaty obligations may constrain domestic lawmaking
  • Legislature may be required to harmonize laws with international agreements
  • Trade deals, human rights accords, EU regulations can limit legislative options

Budgetary Powers

• Legislatures often have "power of the purse" - the ability to tax, borrow and spend public funds
  • Approving the annual budget is a key legislative responsibility
  • Can use budgetary approval as leverage to influence executive priorities
• The scope of legislative budgetary power can vary
  • Some legislatures can only decrease spending from executive proposals
  • Others have the power to increase spending or reallocate funds
  • "Impoundment" power of executives can limit legislative spending directives

Effectiveness of Legislatures

Representation and Responsiveness

• The extent to which legislatures are responsive to public opinion and interest groups varies
  • Electoral system can shape incentives to cater to narrow or broad constituencies
    • Single-member districts vs proportional representation systems
  • Campaign finance rules regulate the influence of money in politics
    • Limits on donations, disclosure requirements, public financing
  • Lobbying regulations shape access of organized interests to legislators
    • Registration requirements, revolving door restrictions, gift limits
• Legislatures may be unrepresentative of the population in terms of gender, ethnicity, wealth or other attributes
  • Can lead to neglect of some constituencies and bias towards elite interests
  • Quotas or reserved seats sometimes used to boost representation of marginalized groups

Gridlock and Partisanship

• Partisan polarization and gridlock can undermine the ability of legislatures to address pressing issues
  • Parties may prioritize political point-scoring over compromise
  • Hardening of partisan identities can make bipartisan cooperation difficult
  • Examples: Gridlock in US Congress, deadlock in Venezuela's National Assembly
• Shorter election cycles and term limits in some systems can incentivize short-term thinking
  • Legislators focused on next election rather than long-term policy planning
  • Difficult to tackle entrenched problems or enact comprehensive reforms

Public Trust and Corruption

• Public trust and approval of legislatures tends to be lower than other branches of government
  • Perceptions of corruption, ineffectiveness or unresponsiveness are common
  • Scandals and misconduct can further erode trust in legislative institutions
• Lack of transparency in legislative process can breed suspicion
  • Backroom deals, influence of special interests, and "pork barrel" spending
  • Reforms to increase transparency include public committee meetings, lobbying disclosure, freedom of information laws

Legislatures in Presidential vs Parliamentary Systems

Separation of Powers

• In presidential systems, the legislature is a separate and independent branch from the executive
  • Neither branch serves at the pleasure of the other
  • Examples: US, Brazil, Mexico, Nigeria
• In parliamentary systems, the executive arises from the legislature
  • Prime minister and cabinet are selected from and accountable to the parliament
  • Requires the ongoing confidence of the parliament to remain in power
  • Examples: UK, Germany, Japan, India

Agenda Control

• Presidential systems typically afford the legislature more autonomy to set its own agenda
  • Legislature can act as an independent check on executive power
  • Committees and legislative leaders have more control over the flow of legislation
• In parliamentary systems, the legislature's agenda is largely controlled by the cabinet and prime minister
  • Government introduces most major legislation and sets parliamentary timetable
  • Opposition can introduce bills and amendments but rarely succeeds without government support

Executive-Legislative Relations

• In presidential systems, deadlock can emerge between separately elected branches
  • President and legislature may be from different parties with divergent agendas
  • Executive veto power can be a key tool in legislative negotiations
• In parliamentary systems, executive depends on maintaining legislative majority
  • Prime minister and cabinet are accountable to parliament and can be removed by no-confidence votes
  • Executive's majority control of legislature can lead to concerns about weak oversight
    • Perception of parliament as "rubber stamp" for government initiatives

Leadership Selection

• Leadership of the legislature in presidential systems usually determined internally
  • Speaker of the House, committee chairs, etc. elected by majority party or coalition
  • Leader of opposition also recognized based on party standings
• In parliamentary systems, the speaker is often selected by the ruling party or coalition
  • Other presiding officers and committee chairs also chosen by majority
  • Opposition leadership posts allocated based on party seat share