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The legislature is an organ of the government which is empowered to make laws and oversee the administration of the
government. There are two kinds of legislatures prevalent in the world, i.e. unicameral and bicameral. The unicameral
legislature is the system of the government where a single central unit has got the wholesole right to make laws and
decide upon government policies.
On the contrary, a bicameral legislature is one where there are two chambers of Parliament, i.e. the Upper house that
represents States, and the other is the Lower house that represents people of the country. In this type of legislature, the
powers are shared by the two houses. Let’s take a read of this article to understand the difference between unicameral
and bicameral legislature.
Comparison Chart
When in a parliamentary system there is only one house to perform all the activities of the legislature, i.e. enacting laws,
passing a budget, looking after administration, discussion on matters concerning developmental plans, international
relations, national plans etc., then this form is called as Unicameral legislature or Unicameralism.
The members in case of a unicameral legislature are directly elected by the people and so it represents all the people.
Further, due to its simplicity, there are fewer chances of a deadlock situation.
Some of the countries where the unicameral legislature is practised are New Zealand, Iran, Norway, Sweden, China,
Hungary etc.
The bicameral legislature, or bicameralism, refers to the lawmaking body of a country that comprises of two separate
houses, i.e. the Upper house and the Lower house that shares the powers. Its primary objective is to ensure just and fair
representation of all the sectors or groups of the society, in the Parliament.
The bicameral structure is adopted in United Kingdom, United States, India, Canada, Spain, Japan, Italy, etc.
The members of the lower house are elected directly by the people through general elections to represent the general
public. On the other hand, the indirect method is used to elect members of the Upper house, which indicates political
subdivisions. The composition of the two chambers of the Parliament is different, in the number of seats, powers, voting
process and so forth.
The difference between unicameral and bicameral legislature can be drawn clearly on the following grounds:
Unicameral legislature or unicameralism is the legislative system having only one house or assembly. Conversely,
bicameral legislature refers to the form of government, wherein the powers and authority are shared between two
separate chambers.
In a unicameral government, the powers are concentrated in a single house of the Parliament. As against, in a
bicameral government, the powers are shared by the Upper House and Lower House.
The unicameral legislature is followed when a country is structured on a unitary system of government. On the
contrary, the bicameral legislature is practised in a country where there is the federal system of government.
The decision making on policies and lawmaking is more efficient in the unicameral legislature, as compared to the
bicameral legislature. This is because, in a unicameral legislature, there is only one house so the passing of law
consumes less time. In contrast, in a bicameral legislature, the bill has to be passed by both the houses of the
parliament, to become an act.
In a unicameral legislature the chances of deadlock situation is rare. But, in case of a bicameral legislature,
deadlock is common, when the two chambers are in disagreement, with respect to an ordinary bill. Then in such a
case a joint sitting of both the houses is summoned by the President to resolve the gridlock.
The unicameral legislature is best for countries which are small in size. In contrast, the bicameral legislature is
appropriate for large countries.
Conclusion
The unicameral legislature is prevalent in those countries where there is no requirement of the bicameral legislature, as
well as the primary advantage is that lawmaking is easy. A bicameral legislature is adopted by many countries of the
world, to give voice to all the social group and sectors. In this way, it assures representation of all the classes of people.
Further, it prevents centralization of power but may result in deadlocks, that makes the passage of law difficult.
ARTICLE VI – THE LEGISLATIVE DEPARTMENT 5. Philippine resident for at least 2 years immediately
preceding the day of the election.
Sec. 1. The legislative power shall be vested in the Note: The qualifications of both Senators and Members of
Congress of the Philippines, which shall consist of a the House are limited to those provided by the Constitution.
Senate and a House of Representatives, except to the Congress cannot, by law, add or subtract from these
extent reserved to the people by the provision on qualifications.
initiative and referendum. Term of Office:
6 years, commencing (unless otherwise provided by law) at
Definition of Legislative Power: noon, 30 June next following their election.
The authority to make laws and to alter or repeal them. Term Limitations:
Classification of legislative power: (O De CO)
1. No Senator shall serve for more than 2 consecutive
1. Original – Possessed by the people in their sovereign terms.
capacity
2. Voluntary renunciation of office for any length of time
2. Delegated – Possessed by Congress and other shall not be considered as an interruption in the
legislative bodies by virtue of the Constitution continuity of his service for the full term for which he
was elected.
3. Constituent – The power to amend or revise the Sections 5-7. HOUSE OF REPRESENTATIVES
Constitution
Composition:
4. Ordinary – The power to pass ordinary laws
1. Not more than 25 members, unless otherwise fixed by
Note:
law; and
The original legislative power of the people is exercised via
initiative and referendum. In this manner, people can 2. Party-list Representative
directly propose and enact laws, or approve or reject any Election of 250 members
act or law passed by Congress or a local government unit.
Limits on the legislative power of Congress: 1. They shall be elected from legislative districts
apportioned among the provinces, cities and the
1. Substantive – limitations on the content of laws. E.g. Metropolitan Manila area.
no law shall be passed establishing a state religion.
2. Legislative districts are apportioned in accordance
1. Procedural – limitations on the manner of passing with the number of inhabitants of each area and on the
laws. E.g. generally a bill must go through three basis of a uniform and progressive ratio.
readings on three separate days.
Note: 1. Each district shall comprise, as far as practicable,
Provided that these two limitations are not exceeded, contiguous, compact and adjacent territory;
Congress’ legislative power is plenary.
Corollaries of legislative power: 2. Each city with at least 250,000 inhabitants will be
entitled to at least one representative.
1. Congress cannot pass irrepealable laws. Since
Congress’ powers are plenary, and limited only by the 3. Each province will have at least one representative.
Constitution, any attempt to limit the powers of future
Congresses via an irrepealable law is not allowed. 4. Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
1. Congress, as a general rule, cannot delegate its census. According to Jack, however, while the
legislative power. Since the people have already apportionment of districts is NOT a political question,
delegated legislative power to Congress, the latter the judiciary CANNOT compel Congress to do this.
cannot delegate it any further.
EXCEPTIONS: 5. The standards used to determine the apportionment
of legislative districts is meant to prevent
1. Delegation of legislative power to local government ‘gerrymandering’, which is the formation of a legislative
units; district out of separate territories so as to favor a
particular candidate or party.
2. Instances when the Constitution itself allows for such Qualifications
delegation [see Art. VI Sec. 23(2)]
What may Congress delegate: 1. Natural born citizen of the Philippines;
Congress can only delegate, usually to administrative
agencies, RULE-MAKING POWER or LAW EXECUTION. 2. At least 25 years old on the day of the election;
This involves either of two tasks for the administrative
agencies: 3. Able to read and write;
1. “Filling up the details” on an otherwise complete 4. Registered voter in the district he seeks to represent;
statute; or and
2. Ascertaining the facts necessary to bring a 5. A resident of such district for at least one year
“contingent” law or provision into actual operation. immediately preceding the day of the election.
Sections 2-4. SENATE Term of Office
Composition 1. Each member of the House shall be elected for a term
24 senators who shall be elected at large by the qualified of three (3) years which shall commence (unless
voters of the Philippines, as may be provided by law. otherwise provided for by law) at noon on 30 June next
Qualifications following their election.
5. Legislators cannot intervene in any matter When it is for his pecuniary benefit or where he
before any office of the government. may be called upon to act on account of his office.
2. Ambassadors, other public ministers or consuls. 1. The rights of persons appearing in or affected by such
inquiries shall be respected. Ex. The right against self-
3. Officers of the AFP from the rank of Colonel or Naval incrimination.
Captain: and Appearance by department heads before Congress:
4. Other officers whose appointments are vested in him 1. Since members of the executive department are co-
by the Constitution (e.g. COMELEC members). equals with those of the legislative department, under
2.) Congress CANNOT by law prescribe that the the principle of separations of powers, department
appointment of a person to an office created by such law heads cannot be compelled to appear before
shall be subject to confirmation by the CA. Congress. Neither may the department heads impose
their appearance upon Congress.
3.) Appointments extended by the President to the above-
mentioned positions while Congress is not in session shall
only be effective until disapproval by the CA or until the next 1. Department heads may appear before Congress in
adjournment of Congress. the following instances.
Meetings of the CA
1.) CA meets only while Congress is in session. 1. Upon their own initiative, with the consent of the
2.) Meetings are held either at the call of the Chairman or President (and that of the House concerned); or
a majority of all its members.
3.) Since the CA is also an independent constitutional 1. Upon the request of either House (which cannot
body, its rules of procedure are also outside the scope of compel them to attend)
congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 1. The appearance will be conducted in EXECUTIVE
days after the Senate and the House of Representative SESSION when:
shall have been organized with the election of the President
and the Speaker.
1. Required by the security of state or required by public
Sections 21-22: LEGISLATIVE INQUIRIES
interest; and
Scope:
2. When the President so states in writing
1. Either House or any of their committees may conduct
Sections 23-24. DECLARATION OF WAR/EMERGENCY
inquires ‘in aid of legislation’.
POWERS
Vote requirement: (to declare the existence of a state
2. “In aid of legislation” does not mean that there is of war)
pending legislation regarding the subject of the inquiry.
In fact, investigation may be needed for purposes of
proposing future legislation. 1. 2/3 of both Houses, in joint session
1. Expiration of emergency powers 1. Rule: No law shall be passed authorizing any transfer
of appropriations
1. By resolution of Congress or
2. BUT the following may, BY LAW, be authorized to
2. Upon the next adjournment of Congress AUGMENT any item in the general appropriations law
Sections 24-27, 30-31 LEGISLATION for their respective offices from savings in other items
of their respective appropriations
Bills that must originate from the House of
– President
Representatives (Section 24)
– President of the Senate
CODE: A R T Pu Lo P
– Speaker of the House of Representatives
– Chief of Justice of the Supreme Court
1. Appropriation bills – Heads of the Constitutional Commissions
1. A revenue bill is one specifically designed to raise 1. Every bill shall embrace only one (1) subject, as
money or revenue through imposition or levy. expressed in the title thereof
i. As a mandatory requirement
1. Thus, a bill introducing a new tax is a revenue bill, but ii. The title does not have to be a complete catalogue
a provision in, for instance, the Videogram Regulatory of everything stated in the bill. It is sufficient if the title
Board law imposing a tax on video rentals does not expresses the general subject of the bill and all the
make the law a revenue bill. provisions of the statute are germane to that general
Bills of local application subject.
A bill of local application, such as one asking for the iii. A bill which repeals legislation regarding the subject
conversion of a municipality into a city, is deemed to have matter need not state in the title that it is repealing the
originated from the House provided that the bill of the latter. Thus, a repealing clause in the bill is considered
House was filed prior to the filing of the bill in the Senate germane to the subject matter of the bill.
even if, in the end, the Senate approved its own version.
Limitations: 1. Readings
1. For appropriation bills: 1. In order to become a law, each bill must pass three
(3) readings in both Houses.
1. Congress cannot increase the appropriations
recommended by the President for the operation of the 2. General rule: Each reading shall be held on separate
Government as specified in the budget. days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its
1. Each provision or enactment in the General passage.
Appropriations Bill must relate specifically to some
particular appropriation therein and any such provision 3. Exception: If a bill is certified as urgent by the
or enactment must be limited in its operation to the President as to the necessity of its immediate
appropriation to which it relates. enactment to meet a public calamity or emergency, the
3 readings can be held on the same day.
1. The procedure in approving appropriations for
Congress shall strictly follow the procedure for 4. First reading – only the title is read; the bill is passed
approving appropriations for other departments and to the proper committee
agencies. Second reading – Entire text is read and debates are held,
and amendments introduced.
1. A special appropriations bill must specify the purpose
for which it is intended and must be supported by funds
Third reading – only the title is read, no amendments are Within the framework of the national development program
allowed. Vote shall be taken immediately thereafter and the of the Government
yeas and nays entered in the journal. 2) The exercise of such power by the President shall be
Veto power of President: within the specified limits fixed by Congress and subject to
such limitations and restrictions as it may impose.
1. Every bill, in order to become a law, must be Constitutional tax exemptions:
presented to and signed by the President. 1) The following properties are exempt from REAL
PROPERTY taxes
1. If the President does not approve of the bill, he shall
(CODE: Cha Chu M- CA)
veto the same and return it with his objections to the a) Charitable institutions
House from which it originated. The House shall enter b) Churches, and parsonages or convents appurtenant
the objections in the Journal and proceed to reconsider thereto
it. c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually,
1. The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he directly and exclusively used for religious, charitable, or
fails to do so, the bill shall become a law as if he signed educational purposes.
it. 2) All revenues and assets of NON-STOCK NON-
PROFIT EDUCATIONAL institutions are exempt from taxes
and duties PROVIDED that such revenues and assets are
1. This rule eliminates the ‘pocket veto’ whereby the
actually, directly and exclusively used for educational
President would simply refuse to act on the bill.
purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used
actually, directly and exclusively for educational purposes
1. To OVERRIDE the veto, at least 2/3 of ALL the shall be exempt from tax. This is subject to conditions
members of each House must agree to pass the bill. prescribed by law. (Art. XIV. Sec 4 (4))
In such case, the veto is overriden and becomes a law Section 29. Power of the Purse
without need of presidential approval.
1) No money shall be paid out of the National Treasury
EXCEPT in pursuance of an appropriation made by law.
1. Item veto a) This places the control of public funds in the hands of
Congress.
1. The President may veto particular items in an b) BUT: This rule does not prohibit continuing
appropriation, revenue or tariff bill. appropriations. e.g. for debt servicing. This is because the
rule does not require yearly, or annual appropriation.
1. This veto will not affect items to which he does not 2) Limitations.
object. a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly
1. Definition of item or indirectly, in favor of
TYPE OF BILL ITEM (i) Any sect, church, denomination, or sectarian
1. Revenue/tax bill Subject of the tax and the tax institution or system of religion or
rate imposed thereon (ii) Any priest, preacher, minister, or other religious
2. Appropriations bill Indivisible sum dedicated to a teacher or dignitary as such.
stated purpose EXCEPT if the priest, etc is assigned to:
– the Armed Forces; or
– any penal institution; or
1. Veto of RIDER – government orphanage; or
– leprosarium
1. A rider is a provision which does not relate to a c) BUT the government is not prohibited from
particular appropriation stated in the bill. appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a
2. Since it is an invalid provision under Section 25(2), national police force is valid even if the police also protects
the President may veto it as an item. the safety of clergymen.
Specific limitations on legislation d) ALSO, the temporary use of public property for
religious purposes is valid, as long as the property is
1. No law shall be enacted increasing the Supreme available for all religions
Court’s appellate jurisdiction without the SC’s advice 3) Special Funds
and concurrence. a) Money collected on a tax levied for a special purpose
shall be treated as a special fund and paid out for such
1. No law shall be enacted granting titles of royalty or purpose only.
nobility. b) Once the special purpose is fulfilled or abandoned,
Section 28. POWER TO TAX any balance shall be transferred to the general funds of the
Limitations: Government
1) The rule of taxation should be UNIFORM Section 32. INITIATIVE AND REFERENDUM
2) It should be EQUITABLE 1) Through the system of initiative and referendum, the
3) Congress should evolve a PROGRESSIVE system of people can directly propose and enact laws or approve or
taxation. reject any act or law or part thereof passed by the Congress
4) The power to tax must be exercised for a public or local legislative body.
purpose because the power exists for the general welfare 2) Required Petition
5) The due process and equal protection clauses of the a) Should be signed by at least 10% of the total number
Constitution should be observed. of registered voters
Delegation of power to fix rates b) Every legislative district should be represented by at
1) Congress may, BY LAW, authorize the President to fix least 3% of the registered voters
the following: c) Petition should be registered
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts