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Post Communist and Soviet Parliament - Norton and Olson
Post Communist and Soviet Parliament - Norton and Olson
To cite this article: David M. Olson & Philip Norton (2007) Post-Communist and
Post-Soviet Parliaments: Divergent Paths from Transition, The Journal of Legislative
Studies, 13:1, 164-196, DOI: 10.1080/13572330601165477
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Post-Communist and Post-Soviet
Parliaments: Divergent Paths from
Transition
D A V I D M . O L S O N and P H I L I P N O R T O N
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The initial decade experience of six post-authoritarian parliaments following the end of
the Cold War suggests four types: the transitional presidential-conflict parliaments
(Moldova, Poland, Russia), and at the end of the decade, the pluralist democratic par-
liaments (Czech Republic, Poland, Slovenia), the majoritarian democratic parliament
(Hungary), and the presidentially dominated parliaments (Moldova, Russia). They
experienced changes through four paths: constitutional and party system contexts,
the members, internal organisation and parliamentary– government relationships. At
the end of the initial decade, the Central European parliaments act more as legislating
parliaments and the post-Soviet parliaments more as presidentially dominated, than the
legitimising parliaments in Southern Europe.
Among the more than two dozen post-communist and post-Soviet parliaments
and their political systems, the six examined in this volume display two
distinct and very different patterns of development in the initial decade.
They lend plausibility to a number of our hypotheses but challenge the
thesis as to the move from legislation to legitimation. One set of countries
– the Central European parliaments of the Czech Republic, Hungary,
Poland and Slovenia – are becoming stable democracies, while the other
set – the post-Soviet states of Russia and Moldova – are becoming authoritar-
ian. In the first set, the parliaments are becoming stable, organised, active and
independent bodies, while in the second set, the parliaments are becoming
subject to presidential control. We can also identify notable differences
within the emerging democracies, leading to the development of three types
of parliaments: presidentially dominated, pluralistic democratic, and
majoritarian democratic. There was also a fourth, transitional type, of
presidential – parliamentary conflict early within the initial decade.
David M. Olson is Professor Emeritus in the Department of Political Science, University of North
Carolina at Greensboro. Philip Norton (Lord Norton of Louth) is Professor of Government at the
University of Hull.
In our introduction, we identified the election process and the party system, as
well as the system of government established by the constitution, as key vari-
ables in shaping the legislature and forming the basis of equilibrium. To what
extent has the experience of the post-communist and post-Soviet regimes lent
plausibility to our hypotheses? To what extent has there been the development
of competitive elections, a rationalisation of the number of parties and changes
in the electoral process to facilitate competition between large parties or
coalitions?
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control and thus does not vote) serves as a single district. Very different elec-
tion systems and district configurations are employed in the senates. The result
in the Czech Republic has been a different party configuration in the Senate
than in the Chamber of Deputies, while the party results in Poland and
Russia have been similar in the two chambers.
Each election system concentrates votes from many voters into a few
parties. The vote concentration process continues beyond the election into par-
liament in the conversion of shares of votes into shares of power. Parliaments
impose their own rules to concentrate small numbers of party deputies into
fewer and larger parliamentary party groups.
While there is considerable variation in electoral systems in our set of six
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parliaments, the trend is consistent both over time and among countries:
reduction of the number of political parties over time, and, in any one election,
through successive stages from votes to parliamentary party groups in a
system of electoral filters. The one exception, Moldova in 2004, illustrates
the tenuous links between electoral slates and party formation both externally
and within parliament.
The progressive reduction of the number of party participants through five
successive stages from election into parliament is shown as a set of electoral
filters in Table 1. In each of the several elections for each of the parliaments in
the initial decade, the number of parties usually declines through the five steps
from initial election to parliamentary party group (PPG) formation.
The number of parties exceeding the electoral threshold (usually five per
cent of the vote) is smaller than the number of parties in the election (measured
parsimoniously as those receiving 1.5 per cent of the vote or more). The
‘effective number’ of parties in the election, an index measuring the number
and relative size of the vote received by each of the parties, is likewise
smaller.5
The number of electoral parties, however, is not the same as the number
of parliamentary party groups (PPGs) actually formed in parliament
following any one election, as measured by the last two sets of numbers in
the table.
Electoral slates do not easily or simply translate into parliamentary party
groups. In addition to the complications of electoral slate composition and
electoral system effects, each parliament, as we have seen, has its own rules
and procedures imposing limitations on the formation of party groups. The
intended consequence is to further concentrate the dispersed vote into a
small number of organised participants in the exercise of power. In the
early elections, however, the number of parliamentary party groups was
larger than the number of electoral slates, especially in Poland and Russia.
Electoral slates were sometimes temporary coalitions of disparate elements
which, upon entry into parliament, split into its constituent parts.6
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 167
TABLE 1
ELECTORAL FILTERS: NUMBER OF PARTIES BY VOTES AND SEATS IN SIX
PARLIAMENTS BY FIVE MEASURES, TERMS 1 – 4
Terms
Parliament Pre 1 2 3 4
Source: Center for Legislative Studies ’The Initial Decade: Elections and Parliamentary Parties in
Post-Communist and Post-Soviet Parliaments. Czech Republic, Hungary, Moldova, Poland,
Russia, and Slovenia’ Greensboro, NC: UNCG.
Over the decade span of four elections (three in Moldova), each of the
five measures of party and party system in Table 1 has declined (except for
Slovenia), showing a progressive concentration of the party system. But
variation in the parliamentary party numbers is much less than in the
168 THE JOURNAL OF LEGISLATIVE STUDIES
electoral measures. After major changes in the early terms of the Central
European parliaments, the effective number of parliamentary party groups
has not varied much across terms. Restrictions on parliamentary group for-
mation operated much earlier and with greater effect than did electoral
restrictions.
Changes in the number and concentration of parliamentary party groups in
the post-Soviet parliaments, however, has been much more pronounced than
in the Central European cases. Few parties have lasted over two election
cycles and the number and configuration of parties has varied markedly
from one term to the next.
There have been many attempts to revise electoral law to alter election
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outcomes. The electoral threshold, for example, has been raised by a per-
centage point or two, with dramatic effect in Moldova. As detailed by Nale-
wajko and Wesołowski in this volume, Poland has several times revised its
election system to counter persistent fragmentation of the vote. At the end
of the decade, the electoral law for both Russian chambers was under major
change. The Baltic States provide other examples of election system exper-
imentation.7 The most drastic attempted revision of electoral law occurred
in an agreement between the Czech Social Democrats (in minority govern-
ment) and its largest opposition party (ODS) to increase a likelihood of a
two party system (themselves) through the introduction of many new and
small districts with a revised seat allocation formula. As we have seen,
the law was passed by the Chamber, in which they together had a majority,
but was subsequently declared unconstitutional.
Constant dissatisfaction with existing election law and outcomes illus-
trates the way in which an institutional constraint is neither acquired nor
accepted in the initial decade of new parliaments in new political systems.
The constraints are continuously being designed, often in reaction to the
most recent election. Nevertheless, the proportional representation election
systems, with many variations, have had a cumulative and fairly consistent
impact. The threshold requirement appears to have been a major factor in
the reduction of the number of parties in the many steps between an election
and the formation of parliamentary parties, as especially observed in Poland
and Moldova.8
While all six parliaments have been multi-party throughout the first
decade, they vary in both the number of parliamentary party groups and in
their relative strengths. The relatively stable and continuous parties and
party systems of Hungary and the Czech Republic contrast with the instability
and discontinuity of party system and of party in Russia and Moldova. Slove-
nia with many continuous small parties, and the Polish party system with a
continuing core of parties contending with a flow of new and episodic
parties, are intermediate conditions.
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 169
The party systems of Central European parliaments have stabilised in the
range of four to seven electoral parties over the threshold, with five to eight
parliamentary party groups each term. Ilonszki notes a ‘majoritarian’ trend
in Hungary. The post-Soviet states have three to four electoral parties as
well as parliamentary party groups, though both Russia and Moldova have
had major fluctuations from one election to the next. Further, single large
parties in each parliament result in the effective number of parties at two or
below. There is thus a difference between our two sets of countries, though
also a difference between all six and established democracies. Compared
both to longer term democracies and to new parliaments elsewhere, there is
a pervasive instability and tentativeness in both party system and in individual
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TABLE 2
PARLIAMENTARY BASIS OF GOVERNMENT SUPPORT BY COUNTRY AND
ELECTION YEAR
Notes: Government formation at beginning of each term; information as of 31 Sept. 2004. Russian
Duma not relevant to this table.
Party abbreviations: ODS: Civic Democratic Party; CSSD: Czech Social Democratic Party; MDF:
Hungarian Democratic Forum; MSZP: Hungarian Socialist Party; Fidesz: This term has how now
become the party name; PDAM: Democratic Agrarian Party of Moldova; PCRM: Party of commu-
nists; PC: Center Alliance; PSL: Polish Peasants’ Party; AWS: Solidarity Electoral Action; SLD:
Democratic Left Alliance; LDS: Liberal Democratic Party; SKD: Party of Christian Democrats.
Indicates government changed midterm; replacement governments not included.
Sources: (2001) Specific parliament chapters this volume and S. Berglund, J. Eckman and
F. Araebrot (eds.), The Handbook of Political Change in Eastern Europe (Cheltenham: Edward
Elgar).
party (ODS). All other governments in the four Central European countries
have been multi-party majority coalitions, half of which have also failed
mid-term and been replaced by successor governments.
The almost accidental vote of no confidence in an early Polish government
did lead to an early election to conclude a difficult term. As a direct result, the
new constitution requires a ‘constructive vote of no confidence’, as does Hun-
gary’s. The new Polish constitution was written by parliament to curb powers
originally designed for a communist, but also transitional, president (General
Jaruzelski), and then vigorously exercised by his Solidarity successor
(Wałe˛sa). The Sejm’s declaration of a limited presidency, that ‘[a] dissolution
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 171
of Parliament by the President . . . will be considered illegal by the Sejm’ was
issued in the midst of constitutional negotiations.12 The Hungarian provision
for a constructive vote of no confidence is part of the strong constitutional
status of the government and especially the prime minister, leading to the
characterisation of Hungary as a ‘Chancellor democracy’.13 Coupled with
the majoritarian tendencies in the party system, the government has been
much more stable than in the other three democratic post-communist parlia-
ments considered in this volume.
Parliamentary support has been useful to Russian governments, but not
essential to their survival. Though the Russian constitution expresses the prin-
ciple of separation of powers, governments serve at the pleasure of the presi-
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A marked change over the decade has been the rapid increase in the political
experience of new deputies. In the first or transitional election, the proportion of
members with prior political experience, as noted by Ilonszki and Edinger,
varied from a low of 15 per cent in Hungary to a high of 67 per cent in
Russia and 86 per cent in Poland. The very high rate in Poland indicates the
powerful transitional effect of the 1989 ‘contract’ election, occurring prior to
the Hungarian and Czech initial elections. For seven parliaments together,
the members with prior political experience have risen from an average of 42
per cent in the initial election to 74 per cent in the fourth election. Poland and
Russia are exceptions to this trend in prior political experience. Poland has con-
tinued at a very high rate, in which 80 per cent or more of members in any one
term have had prior political office experience. Russia, among the seven parlia-
ments reviewed in the contribution on member attributes, is the only one in
which the proportion of members with prior political experience has decreased.
The bulk of prior political experience has been at the local level, for turn-
over in parliament has remained fairly high. For nine parliaments (including
four examined in this volume), the average turnover rate in the second election
was 70 per cent, declining to 54 per cent in the fifth election. Hungary, the
Czech Republic and also Slovenia had the lowest average turnover rates (50
per cent) in the fifth election, while Poland and Russia (and also Moldova)
had the highest average turnover rates at around 60 per cent.
In the Hungarian parliament, a set of ‘core’ members has served several
terms.22 Compared to newcomers, they serve in leadership positions in both
parliamentary party groups and in committees. A similar set of highly
active and long-term members served in the Polish Sejm through the initial
three terms; by the fifth term, however, most were no longer members.
Some type of affiliation with the communist past, through either party
membership or service in nomenclatura posts, has been and continues an
important trait of MPs. This trait varies among countries – higher in post-
Soviet parliaments and Croatia and the Baltic States – and also among politi-
cal parties, being higher in reformed former communist parties. Deputies with
174 THE JOURNAL OF LEGISLATIVE STUDIES
Leadership Bodies
There was suddenly, upon the collapse of the old system, no dominant party in
either power or ideology. The inherited communist leadership structure of a
Presidium was quickly abandoned for a steering committee consisting of the
176 THE JOURNAL OF LEGISLATIVE STUDIES
was hard to obtain on the agenda for a parliament session, much less for
time constraints on debate.
A majority coalition, however, would soon monopolise all the positions on
a parliamentary steering body, as in the Czech Chamber of Deputies when a
coalition had a clear majority. In the multi-party Duma in the first term, as
another example, each party group was represented on the Duma Council
by its leader. The all-party mode was displaced by a more majoritarian pro-
cedure following the 2004 election, which Putin’s party won massively. His
party held eight of the 11 seats on the Council of the Duma, which has
come to resemble, as Remington observes, the old Soviet-style Presidium in
both its composition and responsiveness to external authority.
The diverse composition and internal divisions of the majority, however,
greatly complicate the formation of a steering body. The Moldovan Permanent
Bureau, for example, ballooned out in size as the majority coalition grew. But
given the ‘quite hostile parties’ in the coalition, as noted by Crowther, the
Permanent Bureau was handicapped in making decisions.
Both the post-communist and post-Soviet parliaments share steering
committee positions depending upon the distribution of seats among the parlia-
mentary party groups, and also in accordance with, and as part of, the formation
of a government coalition. Representation of parliamentary party groups in
steering bodies and also as committee chairpersons follows the election returns.
Committees
The communist era set of legislative committees, usually based upon policy
sectors and administrative structures,26 was accepted at the beginning as a
useable organisational device.
Every new problem, however, led to the creation of a new temporary
committee, each of which experimented with its own structure and pro-
cedures. The many innovative, experimental and ad hoc devices, all called
‘committees’ or ‘commissions’, by which the new parliaments attempted to
cope with their ever-changing workload, became unmanageable.
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 177
Rules revision brought order out of organisational chaos. By the end of the
decade, new committees continue to be formed, but within an established set
of procedures for the definition of membership, the management of its work
responsibility and for its reporting requirements to the whole chamber. Each
parliament seeking or obtaining EU membership, for example, has formed a
new committee for that purpose.
Committee jurisdiction is largely defined by sectors of public policy,
which only roughly correspond to the structure of government ministries.
Ministry portfolios change not only with each new government but unpredic-
tably within a term as well. As a result, parliamentary committees use policy
definitions rather than the distribution of ministerial portfolios as a more
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Rules Revisions
The essentially unworkable structure and set of procedures inherited by the
new parliaments has led to four structural modifications through revised
Rules of Procedure. Rules revision was a major indicator of increasing insti-
tutionalisation of post-communist committee systems and also of Southern
European parliaments.29 Similar rules changes in the post-Soviet parliaments,
however, did not protect them under circumstances of both political and con-
stitutional conflict against external executives.
The first of four sets of rules changes was to restrict the chamber’s steering
body to the larger and more continuous parliamentary parties; the second
restructured the committees to introduce greater effectiveness; the third modi-
fied floor procedures, and the fourth regulated the formation of parliamentary
party groups.
As an example of the first rules change, the Organisation Committee of the
Czech Chamber of Deputies and the House Agenda Committee in Hungary
function as majority bodies. They have increased authority to set the agenda
178 THE JOURNAL OF LEGISLATIVE STUDIES
of plenary meetings, to limit time for debate and to refer bills to committees.
The second major rules change was to both clarify and empower the system of
committees. The committee device was used on an ad hoc basis in the early
years in response to immediate problems, leading to a profusion of tasks, pro-
cedures and actions. Rules changes, as noted above, led to a more uniform
committee structure, with fewer and more permanent committees, more expli-
cit and uniform procedures, and with a clearer definition of membership and
responsibilities.
The third major change in rules was to clarify floor procedure and to
specify stages of legislative consideration. The definition of specific stages
of legislative procedure is a way for parliament not only to maximise its
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time and effort but, perhaps even more importantly, to protect itself against
the government as well as from hasty floor amendments. The Czech
change, for example, specified three distinct times at which a bill would be
considered in the plenary, while the previous procedure permitted omission
of first reading. With new rules, first reading debate became the standard prac-
tice, after which bills were referred to committee, leading to greater consist-
ency in successive stages of bill consideration. One practical consequence
of this change was to lengthen the time for consideration of bills through all
three stages of floor debate and voting, together with intermediate committee
review in between each plenary debate. Time is a parliamentary resource
against the government.30
By contrast, governments frequently seek expedited consideration of their
legislation in committees. The Sejm reaction was to change its rules against
that procedure.31 More recently, governments have asked for accelerated
and simplified procedures in adopting EU-related legislation to qualify their
country for admission to the EU.32 The definition of specific legislative pro-
cedures is a way for parliament to protect itself against the government’s
desire for quick, and thus affirmative, decision.
The fourth major change in the Rules of Procedure has been to regulate the
parliamentary party groups themselves, mainly by defining the circumstances
under which MPs can form PPGs.33 The main criterion is size: the minimum
number of MPs has been raised in several parliaments; for example, from five
to ten in the Czech Chamber of Deputies, from five to 15 in the Sejm and from
15 to 55 in the Duma.
All four of these rules revisions reflect change from unstructured and
unlimited member freedom of debate and action in a consensual mode to a
more restricted majoritarian basis of decision-making. Nevertheless, the con-
tributions to this volume also emphasise the importance of negotiation and
bargaining among all party leaders as the immediate source of specific
decisions. The rules provide a stable framework within which ad hoc nego-
tiations can usefully occur.
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 179
The Development of Internal Structures
The changes in organisation and procedure, as most clearly illustrated by the
set of four inter-related rules changes, mirror similar developments in the new
parliaments of Southern Europe,34 though in different decades of develop-
ment. While the Southern European changes occurred mostly during their
second decade, the post-communist rules changes have occurred earlier, in
their initial decade.
The more rapid internal restructuring process in this set of six post-Cold
War new parliaments than in those of Southern Europe may reflect not only
an institutional transfer process35 but also international learning, by which
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of the cycles have been extended, with the effect of limiting time for plenary
sessions. In Hungary in the third term, plenary sessions were rescheduled for
every three weeks, a reduction of time from previous terms, as one tangible
expression of the government’s desire to devalue the importance of parlia-
ment. These short term cycles contrast with the Western European parlia-
ments’ schedules of plenary sessions lasting for months at a time.
The meeting time of the Czech Chamber of Deputies, illustrating a general
trend, has gradually increased from 11.5 to over 13 sessions annually at an
average of five days each. The average number of bills considered has risen
from ten to 16 monthly. The number of votes per day’s meeting also increased,
from 15 to 25, as a consequence of the three-readings procedure introduced by
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the rules changes of 1996. Similarly, the Polish Sejm plenary meetings took 82
days in one year of the third term, but 99 days in one year of the fourth term.
The Czech Senate has also had an increasingly rushed schedule because the
growing number of bills must be considered and acted upon within constitu-
tionally specified time limits of 30 days for ordinary legislation.
Each organisational unit of the parliament requires its own meeting
schedule and imposes its own time demands. In 1996, for example, the
Constitution Committee met the most often in the Hungarian Parliament, 70
times, while the Social Organisations Committee met least often, 14 times
in the same year. In 2000, occurring in the middle of a term, the Constitution
and Economic Affairs Committees met most frequency, 41 and 42 times
respectively, while the Auditing Committee, the least active committee, met
ten times that year.41 All the Sejm committees in the third and fourth terms
have held approximately 1,500 meetings annually.
Time is an important resource for parliaments, providing an opportunity
for work and thus also for power. Restricted meeting time is an important
limitation upon the capacity of parliament to function.42
Legislation
Though legislation is only one function of parliaments, we include the number
of bills introduced and passed as another measure of parliamentary workload
and use of time.
Central European parliaments have considered hundreds of proposed laws
each term. The usual range has varied from 400 bills to over 1,000 per term,
with usually about 60 per cent being adopted (Table 3). The marked exception
in the enactment rate was in the chaotic and short first term of the Polish Sejm.
The extremes in enactment rates have been the second Hungarian and Slove-
nian terms as the highest (at 64 per cent) and the first two Polish terms as the
lowest (28 per cent and 50 per cent). In the post-Soviet parliaments, the Duma
considered over 2,000 bills in the third term and the Moldovan parliament
even more in its 15th term. Their enactment rates, in most terms, have been
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 181
TABLE 3
GOVERNMENT BILLS INTRODUCED AND PASSED: CZECH CHAMBER OF
DEPUTIES, HUNGARIAN PARLIAMENT, POLISH SEJM AND SLOVENE NATIONAL
ASSEMBLY BY TERM
Government
Total Bills Government Bills Success Rate
Sources: Each chapter this volume; Informacja o dzialalnosci sejmu, I kadencja (Warsaw 1998);
Private communication from Sejm Bureau of Expertise and Research; D. Zajc, Razvov Parlamen-
tov (Ljubljana: FDV, 2004) tables 8 and 9.
at about 65 per cent. These bill introduction and enactment rates approximate
the volume of bill activity in Western European parliaments.43
Not all laws are equal, or at least they are not handled through the same
procedures. In several parliaments, the budget is considered under special
rules. A further distinction is between constitutional laws and ordinary ones.
The former usually require extra large majorities with special privileges for
the other chamber in bicameral parliaments. Thus one important consequence
of the election results is the definition, not only of a majority of 50 per cent
plus one for government formation and ordinary legislation, but a super-
majority, of 66 per cent for example, required to adopt constitutional laws
and to amend the constitution. Only in Russia and Moldova have single
parties obtained that super-sized majority in parliament.
Another need for bills in later terms has been the necessity to revise laws
passed earlier. The rush of new policy enactments in the early terms has
created a rush of revisions in the later terms. The revisions reflect not only
the magnitude and rush of early decisions but also the difficulties of making
182 THE JOURNAL OF LEGISLATIVE STUDIES
and more directly in Hungary. The majoritarian result has been, as Ilonszki
notes, increasingly difficult relations among all the parties coupled with the
government propensity, though formed with parliamentary support, to deni-
grate if not ignore parliament as an institution.
Struggle over the constitution has been a growing feature of both post-
Soviet states considered in this volume. The current Duma itself results
from a constitutional struggle culminating in violence. In Moldova, presidents
have attempted to expand their constitutional powers against parliament.
Though the Russian president is directly elected and the Moldovan president
elected by parliament, the occupants of both presidencies have assumed lea-
dership of dominant political parties and both have attempted to gain legal
as well as political ascendancy over their parliaments. Command of admini-
strative resources, as Crowther observes in Moldova, has been an important
asset to the president.
Confrontations between President Wałe˛sa and the Sejm in Poland,
however, also illustrate how the external office of president can provoke par-
liament into an all-party institution-wide stance against the president. The pre-
sident – parliament confrontations of Russia and Moldova, by contrast,
exacerbated conflicts both between and within parliamentary parties.
Ministers
Among 11 post-communist countries, three in our set, Czech Republic, Hungary
and Slovenia, have had the most stable cabinets and cabinet members,
while Poland ranks with the Baltic States as having the least stable. Comparable
data for our two post-Soviet states are not available. These rankings include
both duration of single cabinets as well as length of cabinet experience of
individual ministers. In these rankings, Slovenia is the only exception in that,
while individual cabinets have been of short duration, the individual members
acquire considerable personal experience over a series of cabinets.47
The frequent changes of governments and ministers have had a disruptive
impact upon parliaments, especially in small parliaments. As members
184 THE JOURNAL OF LEGISLATIVE STUDIES
This practice applies particularly to finance and appropriation bills. This set of
policy clearances prior to formal Duma action paves the way for presidential
signature of passed bills, and makes the president’s decree power unnecessary.
These advance procedures, based upon his party’s control of the Duma,
Remington observed, permitted Putin to propose and pass ‘a far more sweep-
ing legislative agenda than Yeltsen’. A concomitant result, however, was the
complete dependence of the Duma upon the Kremlin for policy, power and
privileges.
Negotiations for accession to the EU have required the Central European
parliament to adopt hundreds of bills to harmonise their national law with EU
law. Since negotiations were conducted by government ministers and special-
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Administrative Review
The potential capacity of parliaments to review the conduct of government
and administration has not been highly developed in the initial decade.52
While the democratising Central European parliaments have developed
internal working organisations and procedures which could be used to
review the conduct of administration, the exercise of that function has
varied with the party basis of government support.
In Hungary, for example, no select investigation committees were created
during the third term, though they had been authorised by extensive rules
revision in the previous term. Similarly, in Bulgaria, several investigation
committees were created but never issued reports to trouble either parliament
or government.53 In both parliaments the majority did not permit serious
investigations of the government.
The Polish Sejm has the most extensive oversight activity among the
Central European parliaments, through its committees. Utilising procedures
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 187
developed during the communist period, committees often examine problems
in public administration, asking both ministers and lower administrators for
information and justification of their actions. In some instances, the commit-
tee’s remedy is to urge the government to increase funding in the next annual
budget.54 Administrative review of detailed questions within committees is
conducted on a non-party, or perhaps all-party, basis.
Review of administration, however, is not exclusively conducted by legis-
lative committees; separate oversight ‘commissions’ have been formed with
jurisdiction over specific administration agencies which themselves have
broad discretion to make personnel, expenditure and policy decisions. Floor
time for questions and interpellations is regularly scheduled, though, as
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VARIETIES OF BICAMERALISM
Four of the six parliaments considered in this volume have some form of bica-
meralism, of which only Russia is a federation. (Hungary and Moldova are
single chambered parliaments.) These parliaments display not only a revival
of bicameralism but a variety of bicameral forms and purposes.
The Polish and Czech Senates are the most active second chambers among
the four parliaments. They both have powers to amend legislation adopted in
the more active and powerful chamber and share authority with the active
188 THE JOURNAL OF LEGISLATIVE STUDIES
chamber in selected ways, such as, in the Czech Republic, election of the pre-
sident. Senate concurrence is usually required in the adoption of constitutional
amendments.
Each second chamber is smaller than the main chamber and also has a
different election system.57 Though both chambers have the same term and
are elected on the same day in Poland, the Senate is elected in single
member districts. The Czech Senate, also elected in single member districts,
serves staggered terms of six years. Its election days do not coincide with
those of the main chamber. A distinctive feature of the Czech Senate is that
it exists permanently; it is not disrupted by the fall or change of government
and neither can it be dissolved by the president.
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The senates have become a refuge for deputies from the main chamber.
Parties in Poland have nominated experienced and active Sejm members to
the Senate, both to attract newcomers to the Sejm and to protect valuable
members from impending electoral defeat. The single member district
system permits the election of persons who have either lost support within
their own party or whose parties are no longer competitive in multi-member
proportional representation districts for the main chamber.
Although the election system for the Russian Federation Council has been
changed several times, it represents constituent republics and autonomous
regions of the federation. While both districts and election system can be
changed for the Czech and Polish Senates, only the election system is change-
able for the Russian second chamber.
The Slovenian National Council, with the most limited powers, is selected
on an entirely different basis. Reflecting more a corporate philosophy than a
population representation goal, it is indirectly selected by groupings of
localities and interest groups.
A factor specific to the Czech parliament is the increasing independence
and activism of the Senate, compounded by minority government in the
more powerful Chamber of Deputies as well as by the different party compo-
sition between the two chambers. Careful multi-party negotiations in the
Chamber of Deputies have sometimes been undone by the need for equally
careful negotiations between the two houses of the parliament. As Linek
and Mansfeldova observe, on those bills on which the Senate wields equal
power with the Chamber of Deputies, the Chamber leadership discovered
the need for pre-negotiation with the Senate. The Russian Federation
Council members, too, as noted by Remington, are active in negotiations on
legislation before they must act as a collective body. Inter-chamber disagree-
ments are resolved through ad hoc three-way commissions.
In all four countries, the second chamber is intended to place limits upon
the reach of deputies popularly elected through political parties. They act to
limit, however, not only the main chamber, but also the government and
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 189
president.58 On the whole, the second chambers do not so much initiate new
legislation as receive and amend legislation from the main chamber. In
none of the four parliaments are the two chambers equal in authority.
Bicameralism, by itself, is a complication in the enactment of legislation in
Western Europe.59 The Czech and Polish experiences, as well as the Russian,
indicate that bicameralism, along with all other aspects of legislative organis-
ation and life, takes time to develop. Though all four bicameral systems were
adopted as parts of the transitional process, the second chambers are taking on
a post-transitional life of their own. The second chambers have survived the
rationale at their creation.
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TABLE 4
TYPES OF PARLIAMENTS BY CONSTITUTION AND PARTY SYSTEM: POST-
COMMUNIST AND POST-SOVIET PARLIAMENTS – THE INITIAL DECADE
Constitutional Structure
Note: Terms for parliaments which have changed categories are designated by Roman numerals.
The Czech, Slovene and Polish parliaments have become stable demo-
cratic multi-party parliaments more on the Scandinavian model. As a compari-
son with Southern European democratic parliaments at the end of their second
decade, the Hungarian majoritarian parliament, more than the pluralist democ-
racies, resemble the parliaments of Spain, Portugal and Greece.60
The post-Soviet parliaments, by contrast, have become president-
dependent parliaments, each with a single dominant majority party led by
the president. The Russian and Moldovan presidents have merged their con-
siderable formal constitutional authority with an active personal leadership
of the current majority parties which they have created. A parliament
capable of forming its own party (or coalition) majority independently of
the president and thus capable of thinking and acting independently on
policy, has not emerged in either the French or Portuguese model. Instead,
the presidentially dependent parliaments of post-Soviet states have become
subordinate to single party leadership of the external executive. The model
is, as observed by both Crowther and Remington, more the previous Soviet
system than any Western European democracy.
The three emergent types of parliaments have developed within the inter-
section of the two major constraining contextual characteristics of consti-
tutional structure and party system. The parliamentary systems of Central
Europe contrast strongly not only with the formal design but also the practice
of powerful presidencies. In parliamentary systems, the absence of a strong
external president permits a wide variety of working relationships between
parliament and the government it creates, mainly varying with the
POST-COMMUNIST AND POST-SOVIET PARLIAMENTS 191
configuration of parties following any one election. In the authoritarian-
inclined post-Soviet parliaments, presidents combine constitutional authority
with party leadership to dominate their parliaments.
Both Southern and Central European sets of new parliaments have vari-
ations not found in the other. The presidentially dependent parliaments of
post-Soviet states are not found in Southern Europe, though presidents are
directly elected in some (Portugal, Greece, Turkey). Neither the Turkish
experience of military coups nor the Italian experiment with major electoral
system change has yet occurred in the former communist region.
As we anticipated in the introduction, the several different types of post-
authoritarian parliaments have emerged through four paths of change: con-
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texts of party and electoral system and constitution, the members, internal
organisation, and parliamentary – government relationships.
detailed legislation, the government bill success rate is not much higher than
for ordinary legislation.
While Hungary, with a strong majority party and government, began to
approach the Southern European circumstances, the multi-party composition
of the other post-communist parliaments has both continued their indepen-
dence from their own governments and limited the capacity of governments
to develop their own programmes. The post-Soviet parliaments, increasingly
responsive to presidents and presidential political parties, may be character-
ised more as passive legitimation bodies rather than the post-communist
parliaments of Central Europe.
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CONCLUSION
NOTES
Z. Mansfeldová, P. Rakušanová and D.M. Olson (eds.), Central European Parliaments: First
Decade of Democratic Experience and the Future Perspective (Prague: Institute of Sociology,
Academy of Science of the Czech Republic, 2004).
12. Linz and Stepan, Problems of Democratic Transition and Consolidation, pp. 279–82;
L.L. Garlicki, ‘The Presidency in the New Polish Constitution’, East European Constitutional
Review, 6/2–3 (1997), pp. 81–89; K. Jasiewicz, ‘Poland: Walesa’s Legacy to the Presi-
dency’, in R. Taras (ed.), Postcommunist Presidents (Cambridge: Cambridge University
Press, 1997), pp.130–67; A. van der Meer Krok-Paszkowska, Shaping the Democratic
Order: The Institutionalization of Parliament in Poland (Leuven-Apeldoorn: Garant,
2000), pp.37–44; E. Karpowicz and W. Wesołowski, ‘Committees in the Polish Sejm in
Two Political Systems’, in D.M. Olson and W.E. Crowther (eds.), Committees in Post-Com-
munist Democratic Parliaments: Comparative Institutionalization (Columbus, OH: Ohio
State University Press, 2002).
13. A. Korosenyi, Government and Politics in Hungary (Budapest: CEU Press 1999), p.162;
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pp.192–3.
33. P. Kopecký, ‘Power to the Executive: The Changing Executive–Legislative Relations in
Eastern Europe’, The Journal of Legislative Studies, 10/2–3 (2004), pp.146–7.
34. U. Liebert, ‘Parliaments in the Consolidation of Democracy – a Comparative Assessment of
Southern European Experiences’, in Liebert and Cotta (eds.), Parliament and Democratic
Consolidation in Southern Europe: Greece, Italy, Portugal, Spain and Turkey, pp.249–72;
C. Leston-Bandeira, From Legislation to Legitimation: The Role of the Portuguese Parlia-
ment (London: Routledge, 2004).
35. A. Àgh, ‘Parliamentary Committees: Changing Perspectives on Changing Institutions’, in
L.D. Longley and R.H. Davidson (eds.), The New Roles of Parliamentary Committees
(London: Frank Cass, 1998).
36. A. Àgh, ‘The Role of the First Parliament in Democratic Transition’, in A. Àgh and S. Kurtan
(eds.), The First Parliament: Democratization and Europeanization in Hungary (1990–1994)
(Budapest: Hungarian Centre for Democracy Studies, 1995).
37. Norton and Leston-Bandeira, ‘The Impact of Democratic Practice on the Parliaments of
Southern Europe’, pp.180–82.
38. Norton and Leston-Bandeira, ‘The Impact of Democratic Practice on the Parliaments of
Southern Europe’, p.182.
39. Liebert, ‘Parliaments in the Consolidation of Democracy – a Comparative Assessment of
Southern European Experiences’, p.253.
40. Norton and Leston-Bandeira, ‘The Impact of Democratic Practice on the Parliaments of
Southern Europe’, p.178; Leston-Bandeira, From Legislation to Legitimation: The Role of
the Portuguese Parliament, pp.42–4.
41. These data are not included in the paper on Hungary but have been provided separately.
42. J. Blondel, Comparative Legislatures (Englewood Cliffs, NJ: Prentice-Hall, 1973).
43. Zacj, Razvov Parlamentarizma: Funkcije sobodnih parlamentov, pp.176–8.
44. A. King, ‘Modes of Executive– Legislative Relations: Great Britain, France and West
Germany’, Legislative Studies Quarterly, 1/1 (1976), pp.11–34.
45. Krok-Paszkowska, Shaping the Democratic Order: The Institutionalization of Parliament in
Poland, pp.149–57.
46. Nikolenyi, ‘Cabinet Stability in Post-Communist Legislature’.
47. K. Fettelschoss, ‘Continuity and Change of Ministers and Ministries’, paper presented to
ECPR General Conference, Budapest, 8– 10 Sept. 2005.
48. Krok-Paszkowska, Shaping the Democratic Order: The Institutionalization of Parliament in
Poland, p.153, n.13.
49. Morgenstern and Nacif, Legislative Politics in Latin America, p.437.
50. D. Fink-Hafner, ‘Europeanization of the Core Executive in the Transition from Circumstances
of EU Accession to Full EU Membership’, paper presented to the EUSA Ninth Biennial Inter-
national Conference, Austin, TX, 2005.
51. L. Linek and P. Rakušanova, ‘Parties in the Parliament: Why, When and How Do Parties Act
in Unity? Parliamentary Party Groups in the Chamber of Deputies in the Years 1998–2002’,
196 THE JOURNAL OF LEGISLATIVE STUDIES
Sociologicke texty; Sociological Papers (Prague: Sociologicky ustav Akademie ved Ceske
republiky; Institute of Sociology, Academy of Sciences of the Czech Republic, 2005).
52. This function is usually termed ‘oversight’ in the American literature, and ‘scrutiny’ in the
British.
53. G. Karasimeonov, ‘Bulgaria: Parliamentary Committees – Institutionalization and Effective-
ness’, in Olson and Crowther (eds.), Committees in Post-Communist Democratic Parliaments:
Comparative Institutionalization, p. 105.
54. Karpowicz and Wesołowski, ‘Committees in the Polish Sejm in Two Political Systems’, pp.
63–64.
55. Mansfeldova, Zdenka and P. Rakušanova, ‘Legislative Budgeting in the Czech Republic’,
in: R. Pelizzo, R. Stapenhurst and D. Olson (eds.), The Role of Parliaments in the
Budget Process (Washington, D.C.: World Bank Institute Working Papers #37254, 2005),
pp.18–28.
56. Norton and Leston-Bandeira, ‘The Impact of Democratic Practice on the Parliaments
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