The Legislature, Composition, Functions and Powers for SS 1

Structure and organization of government (legislature)

Performance Objectives

By the end of the lesson, students should be able to:

1. explain the composition of the legislature;
2. discuss the types of legislatures;
3. describe the functions of the legislature;
4. describe the stages of passing a bill into law.

Meaning of the Legislature

The legislature is the arm of government responsible for making, amending and repealing laws for the peace, order and good governance of a state.

In a democratic system, the legislature represents the sovereign will of the people. It serves as a forum where representatives from different parts of a country gather to debate public policies, monitor the activities of the executive arm, and protect the interests of citizens.

Composition of the Legislature

The composition of a legislature refers to the individuals, officers and administrative structures that make up the lawmaking body. The structure varies depending on whether a country operates a federal or unitary system of government.

The main components that make up the legislature include:

1. Elected Representatives: These are the legislators or parliamentarians chosen by citizens through periodic elections. They represent specific geographical areas known as constituencies or senatorial districts.
2. Presiding Officers: These are leaders elected from among the legislators to direct proceedings, maintain order and manage debates. Examples include the President of the Senate and the Speaker of the House of Representatives in Nigeria.
3. Administrative Staff: These are non-political civil servants who provide administrative and technical support to the lawmakers. This group is headed by the Clerk of the House, who keeps official records, manages legislative documents and coordinates daily operations.
4. The Sergeant-at-Arms: This is an officer responsible for maintaining physical security, enforcing order within the legislative chambers, and carrying the mace, which is the symbol of authority of the legislature.

In Nigeria, the federal legislature is known as the National Assembly. It is composed of two chambers: the Senate, which has 109 senators representing the 36 states and the Federal Capital Territory, and the House of Representatives, which has 360 members representing federal constituencies across the country.

Types of Legislatures

Legislatures are classified into two main types based on the number of chambers or houses they possess. These are unicameral and bicameral legislatures.

Unicameral Legislature

A unicameral legislature is a lawmaking body that consists of only one legislative chamber or house.

In this system, all elected representatives sit, debate and vote on bills in a single assembly. Unicameralism is common in smaller countries, unitary states, or sub-national governments where there is no need for complex representation of diverse regional interests.

Examples of countries with unicameral legislatures include:

1. Israel (the Knesset)
2. New Zealand (the Parliament of New Zealand)
3. Greece (the Hellenic Parliament)
4. State Houses of Assembly in Nigeria (at the sub-national state level)

The main advantages of a unicameral legislature include:

1. Speed and Efficiency: The process of passing laws is faster because bills do not need to go through a second chamber for approval.
2. Cost-Effectiveness: It is cheaper to run because there are fewer legislators, administrative staff and offices to maintain.
3. Clear Responsibility: It prevents conflicts or deadlocks over bills, as there is no second chamber to oppose or delay legislation.

The main disadvantages of a unicameral legislature include:

1. Risk of Hasty Legislation: Laws may be passed quickly without thorough debate, critical review or sufficient public input.
2. Tyranny of the Majority: A dominant political party in a single chamber can easily pass laws that suppress minority interests without any institutional check from a second chamber.
3. Inadequate Representation: It may not provide enough seats to represent diverse ethnic, religious or regional groups in a large country.

Bicameral Legislature

A bicameral legislature is a lawmaking body that consists of two distinct legislative chambers or houses.

The two chambers are usually referred to as the Upper House (such as the Senate) and the Lower House (such as the House of Representatives or House of Commons). Bicameralism is common in large, diverse countries and federal states where there is a need to balance representation between the general population and regional territories.

Examples of countries with bicameral legislatures include:

1. Nigeria (the National Assembly, consisting of the Senate and the House of Representatives)
2. The United States of America (the Congress, consisting of the Senate and the House of Representatives)
3. The United Kingdom (the Parliament, consisting of the House of Lords and the House of Commons)
4. India (the Parliament, consisting of the Rajya Sabha and the Lok Sabha)

The main advantages of a bicameral legislature include:

1. Thorough Scrutiny of Bills: The second chamber acts as a house of review, preventing the passage of hasty, ill-considered or emotional legislation.
2. Prevention of Tyranny: It prevents one chamber from dominating the legislative process, as both houses must agree on a bill before it can become law.
3. Broad Representation: It allows for different methods of representation. For instance, in Nigeria, the Senate represents states equally, while the House of Representatives represents population size.
4. Reduced Executive Dominance: Two independent chambers provide a stronger check on the powers of the executive arm of government.

The main disadvantages of a bicameral legislature include:

1. High Cost of Maintenance: Running two separate chambers with hundreds of legislators, aides and administrative offices is highly expensive.
2. Delay in Lawmaking: The process of passing bills is slow and tedious, as bills must go through multiple stages in both houses.
3. Legislative Deadlocks: Disagreements between the Upper and Lower houses can lead to delays, political rivalry and a standstill in government business.

Observe the diagram below to understand the structural differences between these two types of legislatures.

Functions of the Legislature

The legislature performs several vital roles in the governance of a democratic state. These functions ensure that the government remains accountable, representative and law-abiding.

The primary functions of the legislature include:

1. Lawmaking: This is the fundamental function of the legislature. It involves debating, drafting, amending and passing bills into law to regulate society and promote public welfare.
2. Control of Public Finance (Power of the Purse): The legislature monitors and approves all government revenues and expenditures. The executive cannot spend public funds or levy taxes without the approval of the legislature through the passage of the annual Appropriation Bill (the budget).
3. Oversight Function: The legislature supervises the activities of the executive arm, including ministries, departments and agencies (MDAs). This ensures that laws are implemented correctly and public funds are spent transparently.
4. Representation: Legislators act as the voice of their constituents. They bring the problems, needs and opinions of the people in their local communities to the national level for government attention.
5. Constitutional Amendment: The legislature has the power to review, alter or amend the provisions of the constitution to meet changing national needs, following strict legal procedures.
6. Investigative Function: The legislature can set up committees to investigate corruption, abuse of office, or public emergencies within government institutions or the private sector.
7. Approval of Appointments: In many democratic systems, the legislature must screen and confirm key appointments made by the executive, such as ministers, ambassadors, heads of security agencies and federal judges.
8. Impeachment Power: The legislature has the constitutional authority to investigate and remove the President, Vice President, or other high-ranking executive officers from office if they are found guilty of gross misconduct.

Stages of Passing a Bill into Law

A bill is a draft of a proposed law presented to the legislature for discussion and enactment.

Before a bill can become an enforceable law, it must undergo a rigorous, highly structured process to ensure it is thoroughly debated, refined and legally sound. In a bicameral system like Nigeria, a bill must pass through these stages in both the Senate and the House of Representatives before it is sent to the President.

The stages of passing a bill into law include:

1. First Reading: This is the formal introduction of the bill to the legislative chamber. The Clerk of the House reads the short title of the bill aloud. No debate or voting takes place at this stage. Copies of the bill are distributed to all legislators so they can study its contents.
2. Second Reading: This is the stage where the main debate on the bill occurs. The sponsor of the bill explains its objectives, principles and benefits to the country. Legislators debate the merits and demerits of the bill. At the end of the debate, a vote is taken. If the majority supports the bill, it moves to the next stage; otherwise, it is rejected.
3. Committee Stage: If the bill passes the second reading, it is referred to a specialized standing committee (such as the Committee on Education, Health, or Judiciary) or a select committee. The committee examines the bill clause by clause, suggests amendments, and often holds public hearings to gather input from experts, civil society groups and the general public.
4. Report Stage: The committee presents its report, including all suggested amendments and findings, back to the whole house. The legislators review the committee’s recommendations and vote on each proposed amendment.
5. Third Reading: The bill is read a final time with all approved amendments included. Legislators conduct a final review of the bill and vote on its passage. If it receives the required majority vote, it is passed by that chamber.
6. Concurrence (Passage by the Second Chamber): In a bicameral legislature, the passed bill is sent to the other chamber, where it must go through the exact same stages (First Reading to Third Reading). If the second chamber makes any changes to the bill, a Joint Conference Committee consisting of members from both houses is set up to resolve the differences and produce a unified version.
7. Executive Assent: Once both chambers have passed the identical version of the bill, it is sent to the President (or the Governor at the state level) for signature. If the President signs the bill, it becomes an Act of Parliament and officially becomes law.
8. Veto Override (Optional): If the President refuses to sign the bill (exercising a veto), the bill is returned to the legislature. The legislature can override the presidential veto and pass the bill into law without the President’s signature if a two-thirds majority of members in both chambers vote in favor of the bill.

Look at the flowchart below to trace the step-by-step journey of a bill from its introduction to its final passage into law.

Summary

The legislature is a cornerstone of democratic governance. Through its composition of elected representatives, it ensures that the diverse voices of citizens are represented in government. Whether operating as a unicameral or bicameral body, its primary duties of lawmaking, financial control, and executive oversight serve to protect the constitution and maintain the balance of power in the state.