Parliaments and Lawmaking

Question 1

What is representative democracy?

Answer 1

1. Institutions elected by the people take decisions on their behalf:
   - Even groups which are opposed to the majority should be heard
   - It is important to have regular elections, to reflect popular preferences, to protect minorities and to ensure that parliament is accountable to the citizens
2. Parliament exercises two main functions:
   - Legislation
   - Control (of other institutions)

Question 2

What are the general principles for democratic elections?

Answer 2

1. General (everyone)
2. Free
3. Direct
4. Equal (every vote has the same value)
5. Secret

Question 3

What are ‘general elections’?

Answer 3

The idea that everyone should vote.

This is still restricted though (by age, nationality…)

Question 4

What is a majoritarian system?

Answer 4

1. The candidate who wins a defined majority of votes wins
2. ‘Winner-takes-all’ effect – Voters do not want to waste their votes on small candidates therefore we see a two-party political landscape
3. Ensures a stable government (because only 2 parties) but under-represents smaller parties

Question 5

What is a proportional system?

Answer 5

1. The number of parliamentary seats that a political party wins is proportional to its share of the vote turnout.
2. It reflect the public opinion better
3. Less stable government – Government can be very fragmented. To avoid that, most countries establish a threshold to be able to secure a seat in Parliament
4. Fewer votes are ‘wasted’

Question 6

What are the different voting systems in a majoritarian system?

Answer 6

1. First-past-the-post:
   - The territory of a state is divided into electoral districts which elect one parliamentarian each
   - The number of districts is equal to the number of seats in parliament
   - The candidate only needs to have one vote more than the other candidates to win.
2. Absolute majority of votes – More than half of the total votes
3. Run-off system:
   - A candidate needs absolute majority to win
   - If no candidate receives an absolute majority in first round, a second round is held with only the strongest candidates
4. Alternative vote system:
   - First round everybody votes and classifies the candidates by order of preference
   - If no one obtains absolute majority, the votes of the lowest candidates will be re-attributed based on the 2nd preference on the ballot, etc., etc… Until one wins by absolute majority

Question 7

What is the list system?

Answer 7

List system - Still proportional

• Voters vote for a party
• Parliamentary seats are filled by candidates of the party from a pre-established list

Question 8

How is parliament organized in federations?

Answer 8

1. The upper chamber represents the sub-units of the state and is elected in local elections
2. The lower chamber represents the federation as a whole and is elected in national elections

Question 9

What is parliamentary privilege?

Answer 9

1. Parliamentarians enjoy protection from legal actions against them
2. Why?
   - Because they need to be protected for what they write and say in context of parliamentary proceedings
   - To allow them to express themselves freely without fear of sanctions
3. The idea is not that they can go unpunished but rather that only parliament can discipline its members

Question 10

US - How is the House of Representatives elected?

Answer 10

1. Main features:
   - 2 years
   - Directly elected
   - 435 members
   - Members of the House enjoy limited immunity, their speech in the House is protected but they can be ousted by a 2/3 majority
2. The number of seats for each State depends on its population number but at least one per State
3. Each State can choose the election method it wants for its representatives but:
   - There is a method of single-member constituencies
   - Each state is divided in as many congressional districts as it has representatives, each district elects one representative
   - To win a district, a candidate must obtain a plurality of votes (at least one more)
   - If they are equal, the State determines what happens

Question 11

US - How is the Senate elected?

Answer 11

1. Main features:
   - To represent the individual States at federal level
   - 2 senators from each State = 100 Senators
   - For 6 years, but the Senators are not re-elected all at once, 1/3 is re-elected every 2 years
   - It is presided over by the Vice-President of the US which will only casts its vote if the result is tied
   - Specific powers – It gives advice and consent to treaties and appointments of federal judges and officials
2. Single-member constituency principle:
   - Each State is one constituency
   - Each State decides for itself how to elect its 2 Senators but most use a first-past-the-post system
3. The Senate votes by simple majority but for controversial bills, the filibuster rule applies where 60 votes are required to call for a vote (this means that you are voting to call for a vote, there will be 2 votes)

Question 12

US - What is ‘gerrymandering’?

Answer 12

• A practice by which district borders are chosen tactically by the current government in the State to put the opponent’s candidate at disadvantage (in the House of Rep.):

• The opposition friendly population will be divided into different districts so that it cannot win
• On the other hand, government friendly population will be grouped together to secure a seat in the House of Representatives

Question 13

US - Why do we see the emergence of a 2-party landscape in the Senate?

Answer 13

1. Because voters tend to only back promising candidates so that they do not ‘waste’ their votes
2. Because this is a first-past-the-post system, small candidates do not stand a chance
3. This allows candidates to differ widely within one party, compared to European systems, and small candidates can join big parties via the primaries

Question 14

US - Legislative procedure

Answer 14

1. Legislative initiative:
   - By both the House and the Senate
   - The House has the sole power to initiate tax bills
2. Power of amendment:
   - In both chambers
   - Bills will be referred for detailed consideration to a committee which will discuss amendments and vote
   - If adopted, the bill will be sent back to each chamber
   - If one chamber wants to amend the bill as proposed by the other, it will be sent to a ‘conference committee’ which can propose amendments and reach a compromise before the bill is sent back to each chamber which will again vote on it. At this point, this is a yes or no question, there cannot be any further changes to the bill
3. Veto power:
   - In both chambers, since approval by both is required
   - The President signs bills into law. That way, he has some kind of veto but only for a bill as a whole (‘take-it-or-leave-it’) – Congress can use that to pack in one bill matters which the President enjoys and hates so that he will sign it either way
   - Regular veto power – The President sends the bill back to the Chamber where the bill 1st originated together with his objections. That Chamber can override the President’s veto by 2/3 majority of members present. After, the bill will be sent to the 2nd chamber, with the President’s objections, and once again that Chamber can override the veto by 2/3 majority of members present.
   - Pocket veto – The President does not sign not veto the bill, the bill becomes law anyways within 10 working days excluding Sundays unless Congress has adjourned within that period.
4. Together, both chambers have the power to declare war

Question 15

GER - What are the main features of the Bundestag?

Answer 15

1. Lower chamber
2. 4 years
3. Statutory size of 598 members (but can reach much higher numbers)

Question 16

GER - What is the election system in the Bundestag?

Answer 16

1. Germany is divided into 299 constituencies
2. The elections have 2 stages:
   - 1st, you vote for a candidate
   - 2nd, you vote for a party
3. 1st stage:
   - First-past-the-post system, the candidate with a plurality of votes will win the district
4. 2nd stage:
   - The seats will be distributed depending on the number of votes each party won
   - Threshold of 5% or 3 districts
   - Each party must receive at least as many seats as the number of constituencies which the party won in the Land in question (= ‘balance seats’)
5. To ensure proportional representation, regional representation and a direct link with voters

Question 17

GER - What is the problem with a first-past-the-post system in the Bundestag elections?

Answer 17

1. Because small-party candidates stand no chance of winning a district, voters tend to not vote for them to avoid ‘waste’.
2. To remedy to that:
   - Big parties need coalition to ensure a stable government
   - They agree to borrow some 2nd stage votes to the small parties so that they can still be represented
   - Otherwise, small national parties which have a strong regional representation will focus on winning 3 districts

Question 18

GER - What are the mean features of the Bundesrat?

Answer 18

1. Upper Chamber
2. Composed of ministers of the governments of each Länder
3. The representation is determined by each state:
   - No fixed term, the composition changes every time the government changes
   - No election date
   - No term of office, the Bundesrat cannot be dissolved
4. What matters is the number of votes each Land has:
   - Min. 3 votes
   - Depending on population (Art. 51(2))
   - Over-represents smaller Länder
   - Each State sends as many representatives as it has votes
   - All votes must be cast en bloc

Question 19

GER - Legislative process

Answer 19

1. Power of initiative:
   - Limited by exclusive and concurrent competences as well as the EU
   - Bundestag (by 1 political party of 5% of members), Bundesrat (as a whole by absolute majority) and federal government
   - Bills are always 1st sent to the Bundestag, but if the government initiated it than the Bundesrat can read it before (but not vote on it, just for consideration)
2. Bundestag:
   - 3 reading
   - 1st reading – Main features are discussed, the bill is sent to a committee for further consideration
   - 2nd reading – Second reading, the committee proposes amendments
   - 3rd reading – Final amendments, the bill as a whole is voted on
3. Ordinary legislative procedure:
   - Bundesrat’s consent is not required
   - 1st objection in the conciliation committee, it can suggest amendments
   - If the bill still passes the Bundestag, the Bundesrat can object again
   - The Bundesrat can be overruled by absolute majority of Bundestag members
   - By 2/3 majority of votes, the Bundestag need 2/3 majority of votes to overrule
   - Must object within 2 weeks
4. Bundesrat’s consent is required:
   - Must pass with an absolute majority of total votes or 2/3 when provided
5. The President signs the bill into law:
   - Checks constitutionality and respect for HR

Question 20

UK - How is the House of Commons elected?

Answer 20

1. To represent the people of the UK
2. 5 years
3. The UK territory is divided into 650 constituencies:
   - Each constituency has 1 member
   - By plurality of votes

Question 21

UK - Can the House of Commons be dissolved?

Answer 21

1. If the House of Commons passes a motion to that effect:
   - By 2/3 majority of members
2. If a vote of no confidence is not followed by a vote of confidence in the government within 14 days

Question 22

UK - How is the House of Lords elected?

Answer 22

1. The House of Lords is not elected
2. Appointed chamber divided into 2 categories:
   - Lords Spiritual – Archbishops and bishops
   - Lords Temporal – Non-clerical peers, composed of life peers and hereditary peers (which are now abolished)
   - Appointed by the King upon advice of the Prime Minister

Question 23

UK - What is a royal prerogative?

Answer 23

1. An area of law in which the King can exercise discretionary power
2. To declare war and make peace
3. To conclude a treaty
4. To appoint ministers and peers
5. Once a statute is adopted on the area, the prerogative will be replaced by it

Question 24

UK - Legislative process

Answer 24

1. Different bills:
   - Public bills are bills of general application
   - Private member’s bills – Introduced by individual members of the Commons
   - Government bills – Introduced by the government
2. Power of initiative:
   - House of Lords
   - House of Commons
   - Government
3. Power of amendment:
   - Both Houses
4. 5 stages:
   - 1st reading – House of Commons is merely given notice of the bill
   - 2nd reading – The bill’s main principle are debated but no amendment
   - Committee stage – Detailed scrutiny and amendment
   - Report stage – The committee reports and the House votes on it
   - 3rd reading – The bill is debated and voted on as a whole
5. After, the bill is sent to the House of Lords and follows the same process:
   - If the 2 Houses do not agree, then the bill is ping-ponged between the 2
   - Otherwise, the Commons can use the Parliament’s act to pass the bill if they adopt it in two consecutive parliamentary sessions with a least a year between the 1st 2nd reading and the final adoption
   - Money bills can be referred within 1 month without approval of the Lords so to prevent this it avoids objection
6. Royal assent – In principle the King does not refuse to sign the bill into law

Question 25

FR - How is the National Assembly elected?

Answer 25

1. Directly elected 2. 5 years 3. Lower chamber 4. 577 seats: - Départements are divided into districts and each district is represented by one parliamentarian - 1st round by absolute majority representing ¼ of registered voters in the district - 2nd round – All candidates who obtained at least 12.5% of registered voters go to a 2nd round and win by plurality of votes 5. This is better than the first-past-the-post system because it allows voters to choose more freely without being scared of ‘wasting’ their votes since there will probably be a 2nd round anyways

Question 26

FR - How is the Senate elected?

Answer 26

1. 6 years: - Half is re-elected every three years 2. 348 members 3. Elected by an electoral college: - 150 000 electors who cast their votes in the territorial sub-units (member of the National Assembly of that département + member of the elected council of that département + member of the conseil des régions + delegates from the conseil municipal of that département to represent municipalities’ size) - 12 seats to represent French expatriates - The number of Senators roughly reflect the population size of each département - If 2 seats or less, the candidate needs an absolute majority or plurality in 2nd round - If more than 2 seats, proportional representation will be used

Question 27

FR - Legislative process

Answer 27

1. Can only legislate if it falls under art. 34 FC 2. Legislative initiative: - Prime Minister - Senate - National Assembly 3. Where is it introduced? - If the bill regards France’s territorial subdivision the bill first goes to the Senate - If the bill regards finance and social security, it must first go to the National Assembly - In these 2 matters, if the bill fails to be adopted within 40 days in the 1st chamber, the government may refer the bill to the other chamber which must rule within 15 days. If there is still no compromise after 70 days, the government may enact the bill either way by government ordinance 4. Power of amendment: - Government - Member of both chambers unless it would raise public expenditure or decrease revenue 5. Government bills: - 1st sent to the Council of State for an opinion, after the Prime Minister can choose in which chamber he wishes to send the bill first - First discussed in their original version - Must be sent to a parliamentary committee which can propose amendments - Amendments can be ruled out if the government insists on a vote bloqué 6. Otherwise, each chamber will consider amendments and vote on the bill as a whole one by one until a compromise is found or the bill is abandoned: - The Prime Minister may ask for a joint committee of seven members of both chambers after 2 unsuccessful readings (or 1 reading if urgent). This procedure can be opposed by the presidents of both chambers jointly - The joint committee will try to find a compromise but may not introduce amendments without the government’s approval - If this fails, the government may ask the National Assembly to override the Senate 7. After that, the President signs the bill into law: - Within 15 days - He may ask for reconsideration - He may refer them to the Constitutional Council for constitutional review. If it is found that the bill is unconstitutional, the President can choose to pass it, abandon it or amend it.

Question 28

FR - What is an organic statute?

Answer 28

1. A statute which regulated important institutional matters 2. Different from other statutes: - There is a cooling off period of 6 weeks in the 1st chamber and 4 weeks in the 2nd chamber between the debate and the vote - There is also an accelerated procedure where you only need 15 days cooling off - If the 2 chambers do not agree, and the joint committee failed, the National Assembly requires an absolute majority of members to override the Senate - If the bill relates to the Senate, than the Senate’s consent is required - The statute must be declared constitutional by the Constitutional Council

Question 29

NL - What are the main characteristics of the Second Chamber?

Answer 29

1. Directly elected lower chamber: - 4 years - 150 members 2. Elected via a system of proportional representation: - The number of votes required to win a seat is determined Total votes divided by 150 - Voters vote for party lists but may cast a preference - Every party will get the seats it is entitled - The remaining seats will be assigned depending on the party which has the highest average number of votes per seat if it had one more seat

Question 30

NL - What are the main characteristics of the First Chamber?

Answer 30

1. Upper Chamber: - 75 members - 4 years 2. Elected all at once by the members of the provinces’ parliaments: - Using the same method as for the lower chamber - Each parliamentarian has one vote

Question 31

NL - Legislative process for the Netherlands

Answer 31

1. Power of initiative: - Government - Individual members of the Second Chamber 2. Steps: - 1st The bill is sent to the Council of State for an opinion - 2nd The bill is sent to the Second Chamber which can amend it, reject it or adopt it - 3rd The government retains a power of amendment - 4th The bill is sent to the First Chamber which has an absolute veto but no power of initiative or amendment - To compensate for the lack of power of amendment in the First Chamber, the government may introduce a supplement to the bill still in step 4. so that it will pass the First Chamber (a ‘novelle’) - 5th The bill is signed by the King and countersigned by cabinet members

Question 32

Kingdom of the Netherlands - Legislative process

Answer 32

1. Power of initiative: - King (=government) - Members of the Second Chamber - The countries’ ministers from overseas may suggest a proposal to the Second Chamber 2. Power of amendment: - Second Chamber - Countries’ ministers from overseas 3. The bill is adopted if it obtains a 3/5 majority of votes cast: - If only simple majority, the process is suspended and the bill is sent for further consultation to the Kingdom Council of Ministers - If no compromise is made, the Kingdom Council of Ministers can decide by majority (but overseas Ministers are outnumbered)

Question 33

EU - Legislative process

Answer 33

1. Always ordinary legislative procedure unless provided otherwise 2. Right of initiative lies with the Commission: - It sends its proposal to the Council, the Parliament and national parliaments 3. First reading: - Both the Council and the Parliament can amend or adopt the bill - The Commission will give its advice to the Parliament 4. If they do not agree, the proposal will be sent to a conciliation committee 5. Both institutions’ consent is required

Question 34

EU - What are the roles of the Presidents of each institution?

Answer 34

1. President of the Council: - Appointed by the European Council for 2 and ½ years by qualified majority - May be forced to resign by the European Council with a qualified majority 2. President of the Commission: - Appointed by the European Council - Taking into account the European Parliament’s elections - Other members of the Commission are proposed by common accord between the Council, the new President of the Commission and the Parliament - The Parliament can only agree to the Commission as a whole, it cannot veto individual members - The President may request a member of the Commission to resign 3. President of the Council of the EU: - Each member state takes its turn on a rotating basis for 6 months 4. President of the European Parliament: - Elected by the Parliament

Question 35

What is the single transferable vote system?

Answer 35

Single transferable vote system - Proportional - 1st – Voters rank their candidates. - 2nd – There is a quota required to win a seat - 3rd – Whoever meets this quota is automatically selected - 4th – The extra votes of the ones who met the quota is redistributed based on the ranking of the candidates - 5th – If that is not enough to secure all seats, the lowest candidate will see its votes redistributed based on the ranking