Constitutional issues: Unicameralism or bicameralism?

This is the second part of our series on constitutional arrangements of space governments. In a previous post we discussed the topic of elections versus random selection of politicians. In this post we will look at the issue of unicameralism or bicameralism.

Virtually all modern political systems have an institution known as parliament. This institute has multiple functions, which might vary from country to country, but generally these are: representing the citizens of the state, the creation of laws and as check to the executive.

Because of the first function, most parliaments are elected by its citizens or have at least one elected chamber. According to democratic theory, the representative function of parliament, entails it to exercise legislative power. The third power is actually a reminder of ancient, classical republican thought, which we will discuss in future post about classical republicanism and the separation of powers.

In this post, and for that matter in all our future posts, we will discard of the fiction that parliament represents its citizens. Therefore we will treat parliament primarily as a legislative body.

In many countries parliament consists of either one or two chambers. Parliaments with three chambers have existed in the past, but are nowadays obsolete. Arguments for tricameralism are usually similar to those in favour of bicameralism, so we will not discuss such system in this post.

Historically bicameralism has been defended by republicans, whilst democrats were in favour of unicameralism. (NB. the terms republican and democrat does not refer here to the US parties of the same names, instead these terms are used here accordingly to 18th century political theory.)

Republican political thought has traditionally be concerned with the corrupting nature of political power. As remedy against the abuse of power by governments, republican believe in mixed government or in more modern language, checks and balances. By having several competing political actors, the possibility of abuse of power by a single actor would be reduced, but not eliminated.

On the other hands, democrats are arguing from concepts such as popular sovereignty and the unity and indivisibility of the nation. Therefore, democrats argue, having a multicameral parliament is unnatural, since in a bicameral parliaments the two houses might disagree with each other and only one of them could be truly reflect the public opinion. And if the two houses would always agree with each other, such arrangement would be superfluous.

Unfortunately, in our days the distinction between republicans and democrats has severely eroded to the point that people will use these terms interchangeably. Therefore other arguments have been introduced in the debate between unicameralism and bicameralism.

In line with the idea of checks and balances, proponents of bicameralism in both federations and unitary states argue that a second chamber, which is often either appointed or elected indirectly, as a chamber of reflection. In some countries, such as the UK,  the upper house is merely an advisory body, whilst in other countries, such as the Netherlands, the upper house has absolute veto on all legislation.

Bicameralists argue that in parliamentary systems of government (in which the executive depends on the support of at least one of the chambers of parliament) there can only be a real separation of powers, if there is a second parliamentary chamber. Since in a parliamentary system the executive usually is supported by a majority of MPs, the separation between the legislative and executive branches of government is only theoretical. The solution for this problem is therefore, to have two chambers of parliament.

Unicameralists might, on the other hand, argue that a bicameral parliament is inefficient and/or undemocratic. This because a bill has to be discussed in both houses, before it could be passed.

Further unicameralists could argue that there other methods of ensuring checks and balances. One way could be the direct election of the president or prime-minister, which would enhance the separation of powers.

Also constitutional review can provide an alternative check, in this case the court system or a special constitutional council could exercise as check. The difference between a constitutional court and a second chamber, is that the former is apolitical (in that it only looks whether a law violates the constitution) and that it only reviews laws on request (of citizens or specified government institutions).

Some more democratically minded proponents of unicameralism, argue that referendums are a way of ensuring checks and balances in government. This would also eliminate the concern that a second chamber is undemocratic (because it is elected indirectly or is appointed).

A special case for bicameralism is made in federations. Virtually all current federations have a bicameral parliament. Federalism is based on the idea of shared sovereignty of the states and the federal government, both receive their authority from their respective citizens. Therefore one chamber is directly elected by the citizens of the federation, whilst the other chamber represents the states and is often indirectly elected.

However, the specifics of legislatures in several federation vary widely. In some federations have weak bicameralism (one house dominates the other), whilst others have strong bicameralism (both houses exert equal power). But one should also consider that in different federations, the distribution of power between the states and the federal government also varies. Some federations are highly centralized, that they are only distinct from unitary states on paper.

In some federations, such as Germany, the chamber representing the states can only vote on legislation which affects the authority of the states. On matter which belong to the exclusive authority of the federal government, are only voted on in the chamber which represents the federation. We believe that this is the proper method to be followed in federations of space settlements.

The discussion about bicameralism, is not only about whether there should one or two houses of parliament, but also what roles these houses should have. Only in few countries both houses have equal powers, in most bicameral systems the (directly) elected house has the most powers, whilst the other chamber is limited to scrutiny of the executive and proposed legislation.

Weak bicameralism is often used as a compromise between unicameralists, who wants no second chamber, and bicameralists, who often favour a stronger version of bicameralism. On the other hand strong bicameralism is often associated with political gridlock, but it also forces politicians to make political comprises. This reduce the effects of political extremism.

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