- What is the legislative branch?
- Characteristics of the legislative branch
- Who makes up the legislative branch?
- Functions and powers of the legislative power
- Other public powers
We explain what the legislative power is, who makes it up, its functions, powers and other characteristics.
What is the legislative branch?
The legislature or legislature is one of the public powers, that is, one of the three branches into which the can of Condition, together with the executive branch and the judicial branch.
Unlike the latter, the legislative power deals with the creation, modification and repeal of the laws that govern the society. It is also in charge of the budgetary administration of the State and the granting of special permits to the executive branch.
The legislature is, above all, an instance of political negotiation, which constitutes the parliament (Congress, Assembly, etc.). It is a deliberative body in which the different political forces of the country have representation that have enough voters to participate through deputies and / or senators in parliament.
These officials, divided into one or two chambers (deputies in one and senators in another) depending on the organization of the State of each country, are directly elected by the population.
The legislative power was contemplated in the classic theory of the separation of powers of Montesquieu, whose purpose was to avoid tyranny. It had its most significant antecedent in the National Assembly established by the insurgent forces during the French Revolution of 1789, and that later gave rise to the National Constituent Assembly.
Characteristics of the legislative branch
Legislatures can be very different depending on the country, in name, size or composition, according to the prevailing legal system.
For example, the National People's Congress of China has 2,987 members, while the Pontifical Commission for the State of Vatican City has 7. Obviously, the more numerous its concurrence, the more difficult it will be to establish agreements, since the parliament is supposed to be a representative entity of the different wills of the sovereign people.
The legislative power can be:
- Monocameral. It is composed only of deputies.
- Bicameral. It is made up of deputies and senators, whose functions are distributed and differentiated, usually to give greater power to the latter.
The cases of tricameral assemblies are rare and in disuse.
Who makes up the legislative branch?
The legislative branch is made up of popularly elected officials. They generally belong to the political parties of society or to organizations independent supporters.
These civil servants usually constitute “benches”, that is, groups of legislators organized according to their political affiliation and interests, to try to exert pressure on others and have the resolutions that interest them most pass through.
For the rest, these legislators may come from very diverse strata, with or without prior political experience, in accordance with the regulations established in the National Constitution in this regard. The enormous importance of this public power is due to the fact that it reflects the plurality and diversity of the population. That is why it is the scene of debates, fights and also agreements and negotiations.
Functions and powers of the legislative power
The exact powers of a parliament are contemplated in the legal system and are guarded by the judiciary, which must ensure that the provisions of the Constitution are complied with. Thus, generally the functions of parliament are as follows:
- Draft new laws to legally address the realities that are occurring in the country.
- Modify or repeal laws that have become obsolete, that hinder the work of the State or are considered unfair.
- Control the budget national and approve or deny executive requests in this regard.
- Elect the political authorities of other bodies attached to the legislative power, such as electoral committees or even appoint the judges of the judicial power, with the permission of the executive.
- Interpellate or politically prosecute officials of the executive and the legislature itself, in case it is considered necessary to carry out any type of research. It may also lead to the dismissal of the official.
- Grant permits or special powers to the executive in certain situations.
Other public powers
Along with the legislative power, the traditional conception of public powers contemplates:
- Executive power. He is in charge of taking the steering wheel of the State, making the political decisions that are pertinent. Its main figure is the president or prime minister of the country, along with ministers, governors, mayors and other personal positions of public choice.
- Power of attorney. It ensures compliance with the law, both by the other two public powers, as well as by the citizens. He is in charge of interpreting the constitutional text in its original spirit. It is made up of hierarchically organized courts. The judges that comprise it are not elected by the population.