CHAPTER 7 Legislatures Amie Kreppei Chapter contents Introduction 118 What is a legislature? 118 The role of legislatures 120 The internal organizational structures of legislatures 124 Assessing a legislature's power 130 Conclusion 133 Reader's guide This chapter addresses the political roles and powers of legislatures. The first step is to define different types of legislatures on the basis of their functions and relationship with the executive branch. The analysis then turns to an examination of the roles of legislatures within the political system as a whole, as well as several critical aspects of the interna! organizational structures of legislatures. Finally, the relationship between the political power and influence of a legislature and the structure of the broader political and party system is discussed. Throughout the chapter the focus is on legislatures within modern democratic political systems, although many points apply to all legislatures regardless of regime. 118 ! AMIE KREPPEL Introduction The role of legislatures within the broader political system in which they exist is far from straightforward. Different scholars have come to very different conclusions about the political power and policy influence of legislatures. General evaluations vary depending on the cases that arc studied, the theoretical framework employed, the historical period under examination, and the precise understanding of'power' and 'influence' invoked. This chapter examines the influence and importance of legislatures across a variety of different 'core' tasks, including representing and linking citizens and government, overseeing the executive, and, of course, policymaking. The importance of these tasks, and the variation that exists between legislatures in their performance, make the understanding of legislatures a critical component of any attempt to comprehend politics more generally. Legislatures exist in nearly every country on the planet, and have the potential to play an important political role even in non-democratic systems.1 KEY POINTS Legislatures are present throughout the world and play a central role in almost all political systems. I However, variations in their powers and structures are large. What is a legislature? The variety of terms such as 'assembly; 'congress! or 'parliament' that are often used interchangeably with the term 'legislature' increases uncertainty about the roles and powers of legislatures. Before wc can examine the types of legislature that exist it is necessary to define what a legislature is. The exact meaning of these terms is not as clear as one might expect. Definitions of assembly, legislature, parliament, and congress provided in dictionaries do not always differentiate between these terms (see Box 7.1). All four are defined as 'a legislative body' or 'a body of persons having the power to legislate! making efforts to clearly distinguish between them difficult. Yet most would agree that the terms are not interchangeable. Of these four terms 'assembly' is the most general. Additional definitions of the word (uncapitalized) refer simply to the coming together of a group of people for some purpose—for example, a school assembly. It is only when we add the qualifier 'political' or 'legislative' that wc think of assemblies in the same context as legislatures, parliaments, and congresses. Parliaments and congresses, generically, can best be understood as specific types of legislature. This interpretation of these four BOX 7.1 DEFINITIONS Assembly: a legislative body; specifically, the lower house of a legislature. tegislature: a body of persons having the power to legislate; specifically, an organized body having the authority to make laws for a political unit. Parliament; the supreme legislative body of a usually major political unit that is a continuing institution comprising a series of individual assemblages. Congress: the supreme legislative body of a nation and especially of a republic. Source: Merriam-Webster online (www.m-w.com). terms creates a hierarchy of institutions from the most general (an assembly) to the most specific (congresses and parliaments) which are types of the mid-level category of 'legislatures' {see Figure: A hierarchy of institutions, in the Online Resource Centre). Assemblies and legislatures If we begin with the broadest definition of an assembly as a group of persons gathered together, usually for a particular purpose, whether religious, political, educational, or social! wc can then designate legislatures as those assemblies for which the 'particular purpose' in question is political and legislative (American Heritage Dictionary, 4th edn). This definition of legislatures is expansive enough to include a wide array of very different institutions, while still distinguishing between legislatures and other types of assemblies organized for religious, educational, or social purposes. Precisely because of its inclusiveness, the term 'legislature' is too broad to help us distinguish between different types of legislative institutions. To accomplish this task we must move beyond dictionary definitions and concentrate on the structural characteristics of the political system in which a legislature is located. Regardless of whether or not a political system can be categorized as democratic, if there is a legislature in addition to an executive branch the relationship between the two will I determine the core characteristics of the legislature. The central characteristic is the relative level of interdependence between the two branches of government. Parliaments In what are commonly referred to as 'parliamentary systems' the executive branch is selected by the legist" ture, usually from among its own members. The execu- > tive branch or 'government' is formally responsible to the legislature throughout its tenure. This means that it , can be removed from office at any time should a majority within the legislature oppose it, regardless of the electoral cycle. In turn, removal of the executive by the legislature may be accompanied by early legislative elections. Because there is a high degree of mutual dependence between them, these types of system are known generically as fused powers systems. Legislatures in parliamentary systems are generally-referred io as 'parliaments', regardless of their formal title. This name reflects not only the type of system in which the legislature resides, but also its central task. The word parliament is derived from the French verb purler, to speak.2 The name is well chosen as the institutional and political constraints on parliaments generally serves to focus their activities on debate and discussion. Congresses A different type of legislature known as a 'congress' exists, within what are popularly referred to as presidential systems. Presidential systems are a type of separation-of-powers (SoP) system. The legislative and executive branches are selected independently, and neither has the ability to dissolve or remove the other from office (except in the case of incapacity or significant legal wrongdoing). The best-known SoP system is that of the United States. The fact that the official name of the legislature of the US is 'the Congress' is neither an accident nor a reason to CHAPTER 7 LEGISLATURES avoid using the term 'congress' to refer to a type of legislature more generally. The word 'congress' is derived from the Latin congres-bus, 'a meeting or [hostile] encounter; to contend or engage' (Harper 2001). This is focused on the potentially conflict-ridden interactions between individuals. The use of congress to denote legislatures within SoP systems in general is justified by the policy-making focus of thcir activities, as well as the likelihood of a more confiictual relationship with the executive branch when compared with fused-povver systems. Examples of both types of system can be found in Table 7.1. KEY POINTS I The words 'assembly', 'legislature', 'parliament', and 'congress' are not interchangeable and care should be taken to use the right word to avoid confusion and/or a lack of precision. I Parliaments exist in fused-powers (usually parliamentary) systems. - Congresses exist in separation-of-powers (usually presidential) systems. Both parliaments and congresses are types of legislature, meaning that they are political assemblies with some legislative tasks. 119 Table 7.1 'Parliament' and 'Congress' type legislatures (a selection) Country Lower chamber Legislature type Regime Argentina Chamber of Deputies Congress SoP Austria National Council (Nationalrat) Parliament Fused Belarus Chamber of Representatives Non-democratic Belgium House of Representatives Parliament Fused Bhutan Tsgogdu Non-democratic Bolivia Chamber of Deputies Congress SoP Brazil Chamber of Deputies Congress SoP Canada House of Commons Parliament Fused Chile Chamber of Deputies Congress SoP China National People's Congress Non-democratic Colombia Chamber of Representatives Congress SoP Czech Republic Chamber of Deputies Parliament Fused Denmark Folketing Parliament Fused Finland Parliament Fused France Germany Greece Guyana National Assembly Parliament Fused (continued) 120 AM IE KREPPEL Table 7.1 'Parliament' and 'Congress' type legislatures (a selection) (continued) Country Lower chamber Legislature type Regime India Lok Sabha Parliament Fused Iran Islamic Consultative Assembly Non-democratic Israel Knesset Parliament Fused Italy Chamber of Deputies Parliament Fused Japan House of Representatives Parliament Fused Korea. South Kukhoe Congress SoP Mexico Chamber of Deputies Congress SoP New Zealand House of Representatives Parliament Fused Pakistan National Assembly Parliament Fused Peru Congress Congress SoP Poland Sejm Parliament Fused Romania Chamber of Deputies Parliament Fused Russia State Duma Parliament Fused Singapore Parliament Non-democratic Slovakia National Council Parliament Fused Spain Congress of Deputies Parliament Fused Switzerland National Council Congress SoP" Taiwan Legislative Yuan Congress SoP Tanzania Bunge Parliament Fused Turkey Grand National Assembly Parliament Fused UK House of Commons Parliament Fused US House of Representatives Congress SoP Venezuela Chamber of Deputies Congress SoP "The executive in Switzerland is unique in that it is collegial (seven members) and indirectly elected by the legislature, but it is not responsible to the legislature, nor can it dissolve the legislature. The role of legislatures Although the activities and roles that legislatures perform will vary significantly according to the political environment in which they exist, they can be loosely organized into three categories: (1) linkage and representation, (2) oversight and control, and (3) policy-making. When fulfilling the first task, legislatures serve as the 'agents' of the citizens they represent and are expected to act in their interests. In the second case, legislatures become the 'principals' and are tasked with the monitoring and collective oversight of the executive branch (including the bureaucracy), Finally, when pursuing the third type of activity, legislatures engage in legislating and may be acting as agent, principal, or both, but the task is specifically focused on the policy process. What differentiates legislatures is not which of these roles they play, hut the degree to which their activities emphasize name roles over others. An 'agent' is an actor who performs a set of activities and functions on behalf of someone else (the principal). The standard 'principal-agent problem' revolves around the fact that agents are likely to have both in- j centives and opportunities to shirk their duties and still receive the benefits associated with having done them. 1 Thus, the principal has an incentive to devise some form of oversight to ensure that the agent is performing I its tasks. In the political realm legislatures serve as agents and j principals in relation to the electorate and the executive j respectively. Thus, the electorate (citizens) must act to ■ control the legislature and the legislature must seek to j control the executive branch. Legislature as agent: linkage, representation, and legitimation Linkage Unking citizens to the government is one of the most fundamental tasks that a legislature performs. It serves 'as an intermediary between the constituency and the central government' (Olson 1980: 135). In this context, legislatures act as a conduit of information allowing local-level demands to be heard by the central government and the policies and actions of the central government to be explained to citizens. The ability of legislatures to serve as effective tools of communication varies, as does the relative importance of this role. The degree to which a legislature is able to serve as an effective means of communication between citizens and government depends critically on the level of regularized interaction between the members of the legislature and their constituencies, as well as the type and frequency of opportunities to convey information to the executive branch. In general, individual legislators will spend more time and be more actively engaged with their constituents when they are elected in single-member districts as opposed to multimember districts (see Chapter 10). This is because they are the sole representatives of the citizens in their constituency (the citizens within their district) at the national level. The linkage role will be more important in political systems in which citizens do not elect the executive directly. Thus, in parliamentary fused-powers systems the linkage function of the parliament-type legislature is likely to be more of central importance because it may be the only mechanism of communication between citizens and the central government. Representation The individual members of a legislature are also expected to represent their constituents and work to protect their interests. Legislators arc responsible for advocating for their constituents in their stead, ensuring that the opinions, perspectives, and values of citizens are present in the policy-making process (Pitkin 1967). However, there are different interpretations of the representative responsibility of legislators depending on whether they are understood to be delegates or trustees. In the former case members of legislatures are expected to act as mechanistic agents of their constituents, unques-honingly carrying messages and initiatives from them to _ e antral government. In contrast, if members of the leg-mature are viewed as trustees, the expectation is that they *iU serve as an interpreter of their constituents' interests ^d incorporate the needs of the country as a whole, as well as their own moral and intellectual judgement, when acting within the political, and especially policy, realm. CHAPTER 7 LEGISLATURES Debating The plural characteristic of legislatures also enables them to serve as public forums of debate, in which diverse opinions and opposing views can directly engage with one another with the goals of informing citizens as well as influencing public opinion and policy outcomes. In general, the debate function will be a more central and important activity in those legislatures with limited direct control over the policy-making process, which includes most non-democratic systems. By fostering debate and discussion, legislatures can serve as important tools of compromise between opposing groups and interests within the society. The capacity of a legislature to effectively serve as a public forum of debate will be more important in heterogeneous societies in which there are significant policy-related conflicts between groups. Even when compromises are not achieved, the opportunity for minority or oppositional groups to openly and publicly express their views within the legislature may serve to limit conflict to the political realm, avoiding the much more detrimental effects of social unrest and instability. Legitimation Ultimately, the ability of a legislature to create links between citizens and government by providing adequate representation to critical groups and minority interests and fostering public debate will determine both its institutional legitimacy and its ability to provide legitimacy for the political system as a whole. The ability to mobilize public support for the government as a whole is an important aspect of a legislature's performance. In fact, even if legislatures 'are not independently active in the development of law, and even if they do not extensively supervise the executive branch, they can still help obtain public support for the government and its policies' (Olson 1980: 13). This legitimizing function of legislatures is fundamentally a reflection of their linkage and representational activities (Mezey 1979). Legislature as principal: control and oversight Control The ability of the governed to control the government is one of the foundational tenets of representative democracy. The primary tool used to achieve this goal is regularly scheduled free and fair elections. The type of executive oversight and control practised by the legislature is directly linked to the nature of the relationship between voters and the executive branch and between the legislature and the executive branch. 121 122 AMIE KREPPEL CHAPTER 7 LEGISLATURES 123 Democratic political systems have two different 'principals' monitoring the executive branch, each of which has a different set oi tasks. Voters directly or indirectly select the executive during elections. However, citizens often lack sufficient time, information, and the technical skills needed to effectively oversee the details of the political activity of the executive branch. It is the task of the legislature to fill this lacuna. In this context there is a greater degree of difference between presidential (SoP) and parliamentary (fused-powers) political systems. 1. The control functions of congress-type legislatures in SoP systems are more limited than those in fused-powers systems. The critical difference is the extent to which policy initiatives are a legitimate subject of control and oversight by the legislature. In SoP systems the policy agenda of the executive branch is not subject to legislative control or oversight. The executive cannot be removed from office because a majority in the legislature disapproves of its policies. In fact, the legislature's ability to remove an executive from office in SoP systems is usually restricted to cases of illegal activity and/or physical or mental incapacity. This type of formal impeachment of the executive is a rare and generally complex legal process. 2. Parliament-type legislatures in fused-powers systems are explicitly tasked with policy-related control of the executive branch. Executives are responsible to the legislature for their policy agenda and can be removed from office if their policy- goals are deemed unacceptable by a majority in the legislature. Removal of the executive in fused-powers systems is accomplished through a motion of censure or a vote of no confidence. This does not imply any legal wrongdoing. As a result, in most fused-powers systems the removal of the sitting executive by the legislature does not result in a crisis or systemic instability.3 The significant difference between fused-powers and SoP systems in the policy-related control activities of legislatures is a function of the broader political system. More specifically, it is a result of the character of the legislative-executive relationship. In SoP systems voters select their legislature and executive independently from one another. In fused-powers systems voters cast votes only for the legislative branch. Selection of the executive occurs indirectly through the legislature. This difference is significant for two reasons. First, the independent election of the executive and legislative branches makes it far more likely that there will be substantial differences in their respective ideological or partisan identities. For example, in the US the election of a president from one party and a congressional majority from the other is a relatively common occurrence (divided government). In fused-powers systems, however, it is impossible for the majority in the parliament and the executive branch to be from wholly distinct and opposing parties or coalitions. All governments in fused-powers systems must have the implicit or explicit support of a majority of members within the legislature to remain in office. The executive branch (prime minister and the cabinet ministers) are elected by the legislature. Ihis process reduces the likelihood of policy-related conflict between the legislature and the executive. The second reason for the difference in the control function is tied to the requirements of the democratic process. Representative democracy requires that elected officials be responsible to those who elected them. In SoP systems voters elect the executive, and therefore only voters have the power to change or remove the executive. If a congress could remove a popularly elected president though a vote of censure or a similar mechanism on the basis of policy disagreement it could easily undermine the democratic process as a whole. Oversight Legislatures in both SoP and fused-powers systems play a critical role in ensuring proper oversight of both the budgetary implications of policies and their implementation. Legislatures may be able to exercise some oversight and control functions in non-democratic systems, even if they are unable to effectively control the executive branch as a whole. Legislative oversight of the executive branch is generally quite broad, entailing the development and passage of policies, as well as the monitoring of executive agencies tasked with the implementation of those policy decisions. Although most legislatures engage in both types of oversight, in general the former task is of greater significance in fused-powers systems, while the latter takes precedence in SoP systems. Question time, inquiries, hearings, and investigative committees are frequently used by legislatures to gather information and, if necessary, hold various actors and agencies within the executive branch accountable. Legislatures have increased their executive oversight activities over time, largely in response to the growing complexity of government and the need to delegate activities to other agencies. 1. Question time is used in parliaments and provides a regularly scheduled opportunity for members of the legislature to present oral and written questions to members of the government, including the prime minister and other cabinet members. 2. In contrast, special inquiries and hearings are organized on an ad hoc basis to investigate specific topics or issues that are considered important by some legislators. 3. Investigative committees are similar, but are more formalized, tend to address higher-order issues, ana often have a longer duration. 4 In addition, legislatures may request or require that the executive and/or its bureaucratic agencies provide it with reports on specific issues of concern, make presentations to the full legislature or relevant committees, or respond to specific inquiries in hearings. Budget control Legislatures may also engage in indirect oversight of executive policy initiatives through their control over die budgetary process. The earliest forms of legislatures were little more than groups of aristocratic lords called together by the king to approve new taxes and levies. Although monarchs had access to vast resources, they were often in need of additional funds to pay for the armies necessary to wage war and quell uprisings (see Chapter 4). This practice established the nearly ubiquitous norm of legislative control over the power of the purse. The result is that most political systems require legislative approval of national budgets and tax policies. Control and oversight of expenditure, even if limited by entitlements and other political artifices, is a powerful tool that can provide even the weakest of legislatures the opportunity to influence policy decisions.4 There are few policy goals that can be achieved without some level of funding. As a result, the ability of the legislature to withhold or decrease funding for initiatives supported by the executive branch can become a useful bargaining tool. In fact, the need to obtain legislative approval for spending initiatives can even provide legislatures with the potential to influence decision-making in policy arenas traditionally reserved for the executive branch, such as foreign and security policy. Legislature as legislator: policy-making vs policy-influencing There are a number of ways that legislatures can be directly involved in the policy-making process, ranging from simply giving opinions to making significant amendments, and from initiating independent proposals to vetoing the proposals of the executive branch. However, as already discussed, there are a broad variety of tasks regularly accomplished by legislatures, and in many cases legislating is not one of the most important (see Table: Legislative powers of legislatures, in the Online Resource Centre). Consultation The rnost basic, and generally least influential, type of Kislative action is consultation. This power grants the egislature the authority to present an opinion on specific e(PslaUou, a general plan of action, or broad policy programme. Consultation in no way guarantees that the ex-ecutive branch will abide by the opinion of the legislature. Yet, the ability to present an opinion and to differentiate the views of the legislature from that of the executive can be important in many contexts. In particular, legislative opinions that are in conflict with the proposals put forward by the executive branch and arc public in nature may provide important information to the public, as well as serving as a tool of linkage and representation. Delay and veto A common ability among even comparatively weak legislatures is the power to delay legislation. This is a 'negative power' in that the legislature can only slow down the process, not provide positive input or substantive change directly. Despite this, the ability to delay passage of a proposal can be an effective bargaining tool when the executive branch prefers rapid action. In its most extreme incarnation the power of delay becomes the power of veto. Legislatures with veto power can definitively and unilaterally block policies from being adopted. Like the power of delay, veto power is negative. As a result it will only be an effective bargaining tool for the legislature wrhen the executive branch has a strong interest in changing the status quo. Amendment and initiation The most important positive legislative tools are the power to amend and initiate proposals. The ability to amend bills allows the legislature to change aspects.of the executive branch's proposal to achieve an outcome'in line with the preferences of a majority of its members. Frequent restrictions to amendment power include limitations on the stage in the process at which amendments can be introduced (Spain), the number of amendments that can be introduced (Austria), or the ability of the legislature to make changes that would incur additional costs (Israel). An independent power of initiative grants individuals or groups within the legislature the right to introduce their own policy proposals independent of the executive branch. In some legislatures all proposals must formally be initiated by the legislature (the US), while in others the legislature has no formal ability to initiate proposals independently (the European Union). Most political systems fall somewhere between these two extremes, In most fused-powers systems independent member initiatives are rarely adopted. In West European countries, for example, 80-90 per cent of successful proposals are initiated by the executive branch. In some cases, such as Israel, private-member bills are estimated to account for less than 9 per cent of adopted proposals (Mahler 1998). In Belgium between 1971 and 1990 a total of 4,548 private-member bills were initiated, but just 7.3 per cent were ultimately adopted (Mattson 1995). The centrality of the policy-making function of government has led to the development of a number of 124 i AMIE KREPPEL different attempts to categorize legislatures on the basis of their policy influence (see Table: Major classification of legislatures, in the Online Resource Centre). Thus, we can differentiate in a dichotomous way between transformative legislatures that have a high degree of direct policy-making influence and arena type legislatures that are more engaged in the linkage and oversight functions with little direct policy influence (Polsby 1975). Alternatively, legislatures can be understood in terms of their 'viscosity' or capacity to slow down and even block the executive in its attempts to make policy decisions (Blondel 1970). KEY POINTS Legislatures engage in a variety of tasks, including providing a link between citizens and the central government, representing citizen interests, executive oversight, and participating in the policy-making process. While most legislatures in democratic systems perform all of these roles to some extent, the emphasis placed on the various roles and tasks will vary between legislatures. The very different character of the relationship between the executive branch and the legislature in fused-pow-ers and separation-of-powers systems influences which roles and tasks are emphasized by a legislature. There are a number of different tools that a legislature may employ within the policy-making process, including consultation, delay, veto, amendment, and initiation. While the powers of delay and veto are 'negative' in that they delay or block policies, amendment and initiation are 'positive' powers. The internal organizational structures of legislatures Legislatures are likely to be ineffective if they do not have an internal structure that allows for an effective division of labour, specialized expertise, access to independent sources of information, and other basic organizational and operational resources. An analysis of the internal structures and resources of a legislature can often provide a more accurate assessment of its general level of activity and influence than a review of the formal powers granted to it in the constitution. Number and type of chambers In most cases legislatures have either one chamber (unicameral) or two (bicameral). Multi-chamber legislatures are generally created to ensure adequate representation for different groups within the political system. The lower (and usually larger) chamber provides representation for the population as a whole, while the upper chamber represents specific socially or territorially defined groups. These can be the political subunits such as states (US), Länder (Germany), or cantons (Switzerland), or different groups of citizens such as aristocrats (UK) or ethnicities (South Africa under apartheid).5 Unicameral legislatures are more likely to be found in unitary political systems with comparatively homogeneous populations (such as Scandinavia). More important than the actual number of legislative chambers is the relationship between them. In unicameral systems all the powers of the legislative branch are contained within the single chamber. However, in bicameral systems these powers may be (1) equally shared (both chambers can exercise all legislative powers), (2) equally divided (each chamber has specific, but more or less equally important, powers), or (3) unequally distributed (one chamber has significantly greater powers than the other). The first two cases are considered to be symmetric bicameral systems, while the latter are asymmetric bicameral systems. Table 7.2 provides some examples. Knowing how many chambers a legislature has and understanding the relationship between them (symmetric or asymmetric) is important because these attributes impact the broader policy-making process. For example, if the chambers within a symmetric bicameral legislature have significantly different or opposing ideological majorities it may delay the legislative process, as a proposal acceptable to the majority of both chambers must be developed. Such a situation may also force increased political compromise and ensure a higher level of representation for minorities or territorial groups. However, failure to reach a compromise can block the policy process as a whole, or force the executive branch to attempt to govern without the legislature (through decrees, for example). In the worst-case scenario, such a blockage might even threaten the stability of the political system itself if necessary policies cannot be adopted. Number, quality, and consistency of members By their nature legislatures bring together a comparatively large number of people. 'Ihe legislature is usually the most numerous and most diverse of the primary branches of government. Thus, the tools and structures it uses to organize itself are particularly critical and often quite informative in assessing the effective roles of the legislature within the broader system. Size A few basic descriptive statistics can reveal a good deal about the character and political role of a legislature. For example, the number of members relative to the size of the general population, the number of days per year the legislature is in session, the extent to which members are CHAPTER 7 LEGISLATURES 125 ■fable 7.2 Representation and role/asymmetry of upper chambers Country Federal Upper Size Basis of Mode of selection Symmetric (Y/N) chamber representation (Y/N) Y Senate 72 Provincial Directly elected Y Austria Y Bundcsrat 64 Länder Indirect election by provincial legislature by PR Belarus the Republic President Belgium Y Senate 60 Regions Indirectly elected by community and regional parliaments (50) and co-opted (10) Bolivia N Senate 27 Departments Directly elected—top 2 parties (2/1) 3 seats per Admin. Dept. Brazil Y Senate 81 States Directly elected—simple majority, 3 seats per state Y Senate 105 Regions Appointed—by government on a regional basis N Chile N Senate 38 Regions Directly elected in 19 senatorial districts Y Colombia N Senate 102 National 100 directly elected in a single national constituency, plus 2 from special district for indigenous communities Y Czech N Senate 81 National Directly elected—simple majority N Republic 1/3 every 2 years France N Senate 348 Departments Indirect election by electoral colleges in each Department N Germany Y Bundesrat 69 Länder Indirectly selected by Länder governments N Grenada N Senate 13 National Appointed—by governor general (on advice of prime minister) N India Y Rajya Sabha 245 States/ Territories Indirectly elected (233), appointed by president (12) ' , N Italy N Senate 315 Regions Directly elected—PR and majority bonus Y within regions Japan N House of Councillors 252 National and Prefecture Directly elected—nationally (100) and within prefectures (152) N Mexico Y Senate 128 States Directly elected—modified majority (1 per state to second party) Y Pakistan Y Senate 87 Provincial and Tribal Areas Indirectly elected (4/province + 8/tribal areas + 3/Capital Territory) N Poland N Senate 100 Districts Directly elected—simple majority 2 or 3 per district N Romani.1 N Senate 143 National Directly elected—two-ballots majority Y Russia Y Council of Federation 178 Federal Units Indirectly selected (2/Republic, Oblast, Krais, Okrug, and Federal City) N St Lucia N Senate 11 National Appointed by governor general, prime minister selects 6 and opposition 3 N Spain N Senate 257 Regional Directly elected (208)—majority indirectly elected (49) N Switzerland Y Council of States 46 Cantons Directly elected—simple majority Y UK N House of Lords 731 Class Hereditary and by appointment N US Y Senate 100 Federal Units Directly elected—simple majority Y *WM: Compiled by the author from Kurianet »/. (1998). Updated from official national legislative websites and Inter-Parliamentary Union online database (2016). 126 AMIE KREPPEL 'professional' legislators or maintain additional external employment, the rate of member turnover from one election to the next, and the general 'quality' of members can all provide information on the likely level of political influence that a legislature has within the political system and the policy-making process (see Table: The impact of general characteristics on legislative influence, in the Online Resource Centre). The relationship between these characteristics and the roles of the legislature is relatively straightforward in most cases. The size of the legislature is telling because of the difficulty that large diverse groups generally have in reaching coherent decisions. The more members a legislature has, the more time each decision is likely to require (as a result of the need to allocate speaking time to all members, for example). More members are likely to lead to more complex mechanisms of internal organization and more thinly spread institutional resources. However, membership numbers must be interpreted in context, as very small countries will naturally tend to have much smaller legislatures while more populous countries will on average have larger legislatures (see Table 7.3). Time The amount of time that legislators spend attending to legislative tasks is also a useful indicator of the broader role of the legislature. At one extreme are legislatures that are formally or functionally 'in session' year-round. On the other end of the spectrum are 'part-time' legislatures that meet for only a few days (see Table 7.4). The length of the annual session of a legislature is often directly tied to the type of memhers it attracts. Part-time legislatures that are in session only for short periods of the year not only provide the opportunity for their members to engage in other professional activities, but they often make it a functional requirement. The average annual salary of a legislator is more likely to constitute a 'living wage' when the task performed constitutes a full-time job. Of course, there are also legislatures that are formally 'full-time' that nonetheless fail to provide members with a sustainable salary.5 The need for legislators to maintain additional external employment reduces the amount of time and effort they can dedicate to their legislative tasks. In some cases the role of the legislature is so limited that this is not a concern. In others, however, it will not only reduce the effectiveness of legislators, but will also impact the type of individuals who join the legislature. This impacts both the quality of members and the rate of membership turnover from one election to the next. When legislative wages are low it can serve to restrict membership to those with alternative sources of wealth and keep the most qualified individuals from considering the legislature as a career option. Committees Almost without exception, legislatures organize internally on the basis of committees. However, the variations that exist between these committees can be enormous Legislatures may have few or many committees and they may be created on an ad hoc basis or permanently established. In addition, there may be highly specialized subcommittees and/or temporary committees of in- ] quiry created to address specific crises or questions. In some cases committees are responsible for reviewing and amending proposals before the full plenary discusses them-in others they are in charge of implementing the changes decided by the plenary These relationships are outlined in the Table: The impact of committee characteristics on legislative influence, in the Online Resource Centre. Permanency and expertise One of the most important aspects of committees is their permanency. Committees that are created on an ad hoc basis not only tend to be less efficiently organized, but their members lack the opportunity to develop area-specific expertise or the contacts with external actors that facilitate independent and informed decision-ma king. Given the size of most legislatures, committees often serve as the forum for most legislative activity, including bargaining and coalition-building between political parties. The smaller size and less public nature of committees increase their utility as a forum for these types of activity. However, if the committees are not permanent they are unlikely to provide the necessary level of stability and expertise. Specialization Committees within influential legislatures also mirror the organization of the executive branch, with distinct committees for each cabinet portfolio. The association of specific committees with cabinet ministries can foster relationships between the members and staff of the legislature and the executive branch, which can improve inter-institutional cooperation. Subcommittees and temporary-committees The potential for additional flexibility and specificity can be added through the incorporation of subcommittees and temporary investigative committees (sometimes referred to as committees of inquiry). These allow for still I greater levels of specialization and permit the legislature , to react to significant events or crises in a timely fashion. One of the surest indicators of the role of committees, and through them the policy influence of the legislature, is the order in which proposals move between the I CHAPTER 7 LEGISLATURES 7.3 Population and size of lower chamber in forty-one countries Country Lower chamber Population Size Reps/citizens Chamber of Deputies 43,847.277 257 170,612 Austria National Council (Nationalrat) 8,569,633 183 46,219 Belarus Chamber of Representatives 9,481,521 110 86,006 Belgium House of Representatives 11,371,928 150 67,800 Bhutan Tsgogdu 784.103 150 4,805 Bolivia Chamber of Deputies 10,888,402 130 80,201 Brazil Chamber of Deputies 209,567,920 513 378,064 Canada House of Commons 36,286,378 301 116,287 Chad National Assembly 14,496,739 125 90,193 Chile Chamber of Deputies 18,131,850 120 138.104 China National People's Congress 1,382,323,332 2978 452,435 Colombia Chamber of Representatives 48,654,392 163 287,620 Czech Republic Chamber of Deputies 10,548,058 200 52,566 Denmark Fotketing 5.690,750 179 31,283 Egypi People's Assembly 93,383,574 454 184,537 Finland Eduskunta 5,523,904 200 27,144 France National Assembly 64,668,129 577 113,752 Germany Federal Diet (Bundestag) 80,682,351 598 136,995 Greece Vouli 10,919,459 300 36,051 India House of the People (Lok Sabha) 1,326,801,576 545 2,220,538 Iran Islamic Consultative Assembly 80,043,146 270 285,489 Israel Knesset 8,192,463 120 66,403 Italy Chamber of Deputies 59,801,004 630 ' : 96,620 Japan House of Representatives 126,323,715 500 255,040 Korea, South Kukhoe 50,503,933 299 167,239 Mexico Chamber of Deputies 128,632,004 500 224,673 New Zealand House of Representatives 4,565,185 120 37,108 Pakistan National Assembly 192,826,502 217 837,876 Peru Congress 31,774,225 120 251,132 Poland Sejm 38,593,161 460 83,779 Romania Chamber of Deputies 19,372,734 341 55,847 Russia State Duma 143,439,832 450 318,444 Singapore Parliament 5,696,506 83 64,005 Slovakia National Council 5,429,418 150 36,302 Spain Congress of Deputies 46,064,604 350 133,760 Switzerland National Council 8,379,477 200 40,070 Taiwan Legislative Yuan 23,395,600 164 142,104 Tanzania Bunge 55,155,473 275 163,378 Turkey Grand National Assembly 79,622,062 550 135,862 UK 65,111,143 659 95,875 Venezuela Chamber of Deputies 31,518,855 165 175,431 "ree: Compiled by the author from Kurian et ai. (1998), national website? and the Inter-Pariia mentary Union online database {2016). 128 AMIE KREPPEL Table 7.4 Comparison of annual session duratic Country Lower chamber Annual session(s) Meeting days (sittings) Argentina Chamber of Deputies Annua! session from 1 March to 30 November Austria National Council (Bundesrat) Annual session from mid-September to mid-July Belarus Chamber of Representatives Variable 170 days Belgium House of Representatives Annual session from second Tuesday in October to 20 July Minimum of 40 days per session Bhutan Tsgogdu Must meet at least once per year (May-lune or October-November) Bolivia Chamber of Deputies 90 days (possible to extend to 120) Brazil Chamber of Deputies Two sessions annually: 1 March-30 fune and 1 August-5 December Canada House of Commons Chad National Assembly Two sessions annually in April and October 90 days in session Chile Chamber of Deputies One annual session, 21 May-18 September China National People's Congress Once per year (usually in March) 14 days Colombia Chamber of Representatives Two sessions annually: 20 July-16 December and 16 March-20 June Denmark Folketing Annual session, October-October (no meetings in July, August, and September) Approximately 100 plenary meetings per year Finland Eduskunta Spring and autumn sessions (recess December-January and summer) France National Assembly Annual session, October-June Greece Vouli Annual session from first Monday in October (for not less than 5 months) India House of the People (Lok Sabha) Three sessions per year: February-May, July-August, November-December Italy Chamber of Deputies Year-round (official vacations: 1 week for Easter, 2 weeks for Christmas, and August) |apan House of Representatives Ordinary session lanuary-May (extraordinary sessions summer-autumn) 150 days/ordinary session (extraordinary ones vary) Korea, South Kukhoe Regular session may not exceed 100 days (special session not to exceed 30 days) Average of 45 days per year in plenary session Mexico Chamber of Deputies Two sessions annually: 1 September-15 December and 15 March-30 April New Zealand House of Representatives Session runs for full calendar year, generally no sittings in January Pakistan National Assembly 2 annual sessions. Must not remain in recess for more than 120 days at a time Poland Sejm Continuous, sittings determined by Presidium 26 sittings per year (1-4 days each) October 2001-October 2005 Romania Chamber of Deputies 2 sessions annually: February-June and September-December Russia State Duma 2 sessions annually: mid-January-mid-July and beg. October-end of December Generally 2 days per week, 3 weeks per month in session Singapore Parliament No set calendar, one sitting per month 6 months maximum between sessions CHAPTER 7 LEGISLATURES 129 Table 7-4 Comparison of annual session duration (continued) Country Lower chamber Annual session(s) Meeting days (sittings) Slovakia National Council Two annual sessions (spring and autumn) Spain Congress of Deputies Two sessions annually: February-Iune and September-December Switzerland National Council Four times per year (every 3 months), extraordinary sessions are allowed 3 weeks/ordinary session, 1 week/ extraordinary session Taiwan Legislative Yuan Two sessions annually: February-May and September-December 2 sittings per week while in session Tanzania Bunge Variable number of sessions lasting between 4 days and 2 weeks 25-30 days per year on average Turkey- Grand National Assembly Annual session: 1 October-30 September may recess for a maximum of 3 months Meets Tuesday-Thursday in session UK House of Commons Full year, adjourns for Christmas (3 weeks), Easter (1 week), and summer (10 weeks) 4-5 days per week while in session Venezuela Chamber of Deputies Ordinary sessions: early March-early July and early October-late November Source: Based on Kurian et at. {1998), updated from official national government and legislative websites (2016). plenary and the committees. If legislation is fully vetted in plenary prior to being sent to committee, committees are unlikely to play a substantial role in policy-making. Given the hurdles to engaging in a thorough analysis of policy proposals in plenary, this process of vetting bills indicates a comparatively small policy role for the legislature. In contrast, when bills are reviewed and amended within the committees first, the legislature is more likely to have a substantial influence on policy outcomes. Hierarchical structures and internal decision-making Within every legislature there are a variety of internal positions of authority and power, even if the institution il-self is relatively weak. At I he level of the legislature there is generally a president, one or more vice-presidents, and in some cases questors or other secretarial/administrative positions. In addition, most legislatures will also have leadership positions within organized subunits— for example, chairs of committees, subcommittees, and/ or specialized delegations and/or working groups. The most fundamental difference between legislatures occurs between those that distribute internal positions of authority proportionally amongst all the groups (usually political parties) represented, and those that a 'winner-take-air system, assigning positions only 10 members of the majority (party or coalition). In the orrrier case cooperation and compromise between gov-"iment an