Kriszta Kovács

THE LEGISLATIVE INTRODUCTION TO

CONSTITUTIONALISM

POWER
IRB108
2022/2023 SPRING TERM
 PARLIAMENTARY ELECTIONS
❖ THE MAIN FEATURES OF DEMOCRATIC
ELECTIONS:
❖ UNIVERSAL AND
❖ EQUAL SUFFRAGE,
❖ SECRET BALLOT
❖ REGULAR, FREE AND FAIR ELECTIONS
❖ AN ELECTORAL SYSTEM CAN BE
❖ MAJORITARIAN
❖ PROPORTIONAL
❖ MIXED
 THE OPENING SESSION OF A PARLIAMENT
❖ SUMMONED TYPICALLY BY THE MONARCH OR THE
PRESIDENT OF THE STATE
❖ WHAT HAPPENS?
❖ SWEARING-IN OF MPS (OATH OR SOLEMN AFFIRMATION)
❖ ELECTION OF THE SPEAKER AND OTHER “OFFICERS”
❖ PERMANENT INSTITUTION WITH SESSIONS AND RECESS
❖ ENDING OF A PARLIAMENT: DISSOLUTION AND A SNAP
ELECTION
 UNICAMERALISM OR BICAMERALISM?
❖ BICAMERAL LEGISLATURES
(LIGHT BLUE)
❖ SOMETIMES, THE SECOND
CHAMBER IS NOT AN ELECTED
BODY (GERMANY, UK “PEERS”)
❖ UNICAMERAL LEGISLATURES
(ORANGE)
❖ UNICAMERAL LEGISLATURE AND
AN ADVISORY BODY (GREEN)
❖ NO ELECTED LEGISLATURE
(BLACK)
 THE ACTORS
❖ PLENUMALL THE MPS
GATHERED
❖ GROUP FORMATIONS:
❖ COMMITTEES

❖ PERMANENT

❖ INVESTIGATIVE

❖ PARTYFACTIONS/
INDIVIDUAL MEMBERS
❖ THE OPPOSITION
 THE RIGHTS AND IMMUNITIES OF THE MPS 1.

❖ PARLIAMENT CAN REFLECT SOCIETY’S DIVERSITY

❖ BINDING MANDATE - TYPICAL FEUDAL PHENOMENON
❖ FREE MANDATE - MPS ARE REPRESENTATIVES OF THE WHOLE
NATION
❖ PARLIAMENT IS A FORUM FOR POLITICAL DEBATE
❖ BUT SEE OBSTRUCTION, FILIBUSTER - CLOTURE
THE RIGHTS AND IMMUNITIES OF THE MPS 2.
❖ TO SPEAK FREELY, MPS SHOULD ENJOY PARLIAMENTARY
IMMUNITY
❖ FROM CIVIL ACTIONS: IRRESPONSIBILITY (VOTE, SPEECH,
DEBATE)
❖ FROM CRIMINAL PROSECUTION: INVIOLABILITY
(DETAINMENT)
❖ PARLIAMENT DECIDES ABOUT LIFTING THIS IMMUNITY
 THE LEGISLATIVE PROCESS
❖ MAJORITY PRINCIPLE: QUORUM - THEN PASSING LAWS BY A
SIMPLE/ABSOLUTE/QUALIFIED MAJORITY
❖ HOW ARE LAWS MADE?
❖ MPS/GOVERNMENTS/COMMITTEES CAN SUBMIT BILLS.
❖ A COMMITTEE WILL STUDY IT.
❖ IF IT IS SUPPORTED BY ONE OF THE COMMITTEES, THE BILL WILL
BE DEBATED/AMENDED.
❖ THE MPS WILL VOTE ON IT.
❖ THE MONARCH/PRESIDENT SIGNS THE BILL OR VETO IT.