Legislatures and Second Chambers

In one line

Every system on this syllabus has two chambers, and the difference between them is who the second chamber represents and how its members get there.

In the wording a student can write in an exam: a bicameral legislature comprises a popular chamber elected by the people and a second chamber which may represent the units of a federation, a social interest, or nothing in particular, and whose composition determines both its legitimacy and its power.

The six second chambers

India, the Rajya Sabha, articles 80 and 83. Not more than 238 representatives of the States and Union territories, elected by the elected members of the State Legislative Assemblies by proportional representation with the single transferable vote, plus twelve nominated by the President for special knowledge or practical experience in literature, science, art and social service. It is not subject to dissolution and one third retire every second year. Article 79 constitutes Parliament of the President and the two Houses; articles 84 to 88 provide the qualifications, the officers, the sessions and the rights of ministers.

United States, the Senate, Article I section 3 and the Seventeenth Amendment. Two senators from each State, since 1913 elected by the people of the State, for six years, one third renewed every two years. Equal representation regardless of population, which Article V protects absolutely: no State may be deprived of its equal suffrage in the Senate without its consent.

Germany, the Bundesrat, articles 50 to 53. Members of the Land governments, appointed and recalled by them, with each Land having between three and six votes according to population, which must be cast as a block. It is not elected at all and it is not a chamber of representatives; it is a chamber of governments.

Switzerland, the Council of States, article 150. Forty six members, two from each canton and one from each half-canton, elected as each canton determines. Article 148 makes the two Councils equal, and article 156 requires the agreement of both for a decision of the Federal Assembly.

Canada, the Senate, sections 21 to 36 of the Constitution Act 1867. Appointed by the Governor General under section 24 on a regional basis, with qualifications of age, residence and property, and a retiring age of seventy five added by amendment. It has in law a full veto on ordinary legislation and by convention does not use it against the elected chamber's clear will.

Ireland, Seanad Eireann, Article 18. Sixty members: eleven nominated by the Taoiseach, six elected by the National University of Ireland and the University of Dublin, and forty three elected from five vocational panels representing culture and education, agriculture, labour, industry and commerce, and public administration.

The United Kingdom, the House of Lords. Appointed life peers, ninety two remaining hereditary peers under the House of Lords Act 1999, and the Lords Spiritual.