
Contents
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1 Of Parliaments and Parliamentarism 1 Of Parliaments and Parliamentarism
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2 The Transformations of the Legislative Branch 2 The Transformations of the Legislative Branch
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2.1 Before democracy 2.1 Before democracy
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2.2 Parliament: a club for the finest gentlemen 2.2 Parliament: a club for the finest gentlemen
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2.3 Classic parliamentarism in decline: party rule and corporatist assemblies 2.3 Classic parliamentarism in decline: party rule and corporatist assemblies
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2.4 Parliamentarism redux: rationalized parliament 2.4 Parliamentarism redux: rationalized parliament
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3 The Structure and Operation of Parliament 3 The Structure and Operation of Parliament
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3.1 Parliament as an institution 3.1 Parliament as an institution
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3.1.1 Continuity through regular elections 3.1.1 Continuity through regular elections
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3.1.2 Terms of the legislature’s mandate 3.1.2 Terms of the legislature’s mandate
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3.1.3 Dissolution of the legislature 3.1.3 Dissolution of the legislature
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3.2 Free debate versus effective decision-making 3.2 Free debate versus effective decision-making
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3.2.1 The personal privileges of members versus institutional considerations 3.2.1 The personal privileges of members versus institutional considerations
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3.2.2 Discipline 3.2.2 Discipline
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3.3 Open debate in Parliament or the discipline of a show 3.3 Open debate in Parliament or the discipline of a show
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3.4 The autonomy of the House 3.4 The autonomy of the House
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3.5 The legislature as an assembly of collective participants 3.5 The legislature as an assembly of collective participants
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3.5.1 Legislative committees 3.5.1 Legislative committees
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3.5.2 The Opposition 3.5.2 The Opposition
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4 Unicameral versus Bicameral Systems 4 Unicameral versus Bicameral Systems
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4.1 Bicameralism as separation of powers 4.1 Bicameralism as separation of powers
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4.2 The benefits of bicameralism: representation, deliberation, tempering 4.2 The benefits of bicameralism: representation, deliberation, tempering
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4.2.1 Federations 4.2.1 Federations
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4.2.2 Unitary states 4.2.2 Unitary states
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5 Legislative Powers 5 Legislative Powers
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5.1 The legislative process 5.1 The legislative process
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5.2 Subjects and limits of primary legislation 5.2 Subjects and limits of primary legislation
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5.3 Delegation of the legislative function 5.3 Delegation of the legislative function
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6 Parliamentarism and the Legislative Branch
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Published:October 2017
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Abstract
This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.
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