BICAMERAL PARLIAMENT
Legislatures of today, either directly or indirectly. Approximately one third of Parliaments the world over have adopted a bicameral Legislature. The longevity of the bicameral system is largely due to the comfort factor that the voting public has knowing that no one body has total power and that all legislation is subject to a “House of Review” before becoming law. Using the Bermuda model as
an example, the first or Lower House can be viewed as an embodiment of the will of the people. The Members of the House of Assembly are elected by the people to represent various constituencies. The political party that succeeds in getting the majority elected forms the government. As this party received a majority of the votes it is assumed to have the consent of the majority of the people to do the people’s business. It is in the Lower House that legislation is introduced, debated and passed to become the laws of the land. Some have argued that one house which reflects the will of the people should be sufficient and that the united will of the people should not be twarted by a second chamber, especially a chamber manned by individuals who are appointed and not elected by the people. The second house, or Senate in Bermuda, consists of 11 members, all appointed by the
Governor.The Premier chooses five, the Leader of the Opposition chooses three and three more are chosen by the Governor as Independent Senators. The proponents of bicameralism defend it by advocating the following:
A bicameral system achieves a Parliament that is truly representative of the people The Premier’s Cabinet decides government policy by a majority vote. Under the system of collective responsibility, all
Ministers support the policy in and outside Parliament. Government MPs are expected to vote for government legislation. Therefore it is rare that legislation introduced by the government is not passed. Where the legislation is
contentious some segments of the public may be left feeling that their concerns have not been heard. Attempts to voice their opposition may seem to fall on deaf ears. The Senate has a valuable role to play as it can move amendments to government bills, other than money bills, and return it to the House for further consideration. The Senate also has the power to throw out legislation following a merger during the voting process between the three Opposition Senators and the three Independent Senators. Between the operations of the two Chambers the public at large have the opportunity to be heard. However, it must be noted that if the Senate chooses to throw out legislation, that same legislation can be introduced in one year and be passed into law without Senate approval. Therefore, the Senate does not have the constitutional power to correct an out-of-control government who chooses to do whatever it likes, regardless of the consequences.
The Upper House provides for a second look at legislation and gives the public additional time to consider important issues One of the most valuable roles of the Upper House is in providing oversight and scrutiny of legislation. Senate Members are appointed because they have a particularly skill set or base of knowledge that is deemed valuable to the legislative process. They may be retired Members of Parliament, senior statesmen or retired business leaders. They are deemed to be sober minded, knowledgeable, able to apply a keen eye to legislation.
As a result of the review of the legislation in the Senate, amendments may be made and
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sent to the government to adopt, saving the government the embarrassment of having substandard legislation on the books, which they will have to eventually amend anyway. Legislation deemed not to be in the best interest of the country can be thrown out altogether. Although Senate can only delay a bill, that delay allows the government a time
Approximately one third of Parliaments the world over have adopted a bicameral Legislature.
of reflection, during which a bill may be withdrawn. As the Senate debate is open to the public and broadcast live, it gives the public another opportunity to consider the important facts about the legislation, and they have another opportunity to voice their concerns between the time the bill is passed in Parliament and debated in the Senate.
The Upper House gives the Premier the opportunity to strengthen his cabinet At least one but no more than two government Senators form a part of the Cabinet, the Premier can strengthen his cabinet by choosing individuals with special talents and abilities who are valuable in the running of the government, but who may not be necessarily interested in running in an election.
A bicameral system provides some protection against the misuse of power.
It would be unwise to blindly put the fate of a country into the hands of a few individuals who serve for limited periods of time, but who could do untold damage to a country’s economy. Knowing that legislation will be vetted in the second house should give pause to any
government wishing to push through legislation which the general public does not support. A government that consistently has legislation thrown out by the second house would be sure to face a “no confidence vote”, resulting in a possible early election.
Critics of the bicameral system state the following: 1. The Upper House has no real clout to match the dominance of the Lower House and is seen as merely a rubber stamp.
2. The Upper House cannot provide adequate scutiny of financial measures since it has no jurisdiction over such matters.
3. The Upper House is often used as a training ground for individuals who have little or no relevant experience and are limited in their ability to vet legislation.
The greatest argument for the continued existence of the Upper House is that it works and the people have placed their trust in it. It is comforting to know that there are checks and balances in place in our legislative system. The chance of a few individuals ruining a country’s economy because of poor judgement is lessened with a bicameral system. As the fourth President of the United States, James Madison, said: “It is a misfortune incident to republican government though in a less degree than to other governments, that those who administer it may forget their obligations to their constituents and prove unfaithful to their important trust. In this point of view, a Senate, as a second branch of the lesiglative assembly, distinct from and dividing the power with, a first, must in all cases provide a salutary check on the government. It doubles the security of the people, requiring the concurrance of two distinct bodies in schemes of usurpatation or perfidy where the ambition or corruption of one would otherwise be sufficient.”
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