Bicameral parliaments: Then and now

Csaba Cservák
2016 Zbornik Radova: Pravni Fakultet u Novom Sadu  
Today's scientific consensus has well passed the view that only 3 branches of power can be conceived. As a summary we can state that of functions of power, there are 3. These are: legislature, executive, and judiciary. These functions can be enforced by different power factors, the relationship of which can be different by forms of government. It is vastly different between the parliamentary, presidential and the semi-presidential systems, the last one being a middle ground. In the
more » ... In the estate-representative state models the two chambers were intended to represent the different social classes. With the embourgeoisement, and thus with the spread of parliamentarism the "second chambers" had long remained the depositary of the old ruling strata. In the democratic systems however -along with the former ones -we can notice the new functions of the senates, while generally their composition underwent changes as well. The dual adoption of laws can be the guarantor of a more measured legislation, and can prevent the necessity of constant modifications. In the case of the parliamentary systems where the parliament and the government are interlocked, it can create real separation of power, it "hampers" the downgrading of the functioning of the representative body of the people into a voting machine, especially as the more different the methods of election of the two chambers are. The second chamber, created based not on the people's representation, at least not on the party system, could reflect the society along different ruptures, as the citizens have interests and opinions independent of their party affiliation, but which at the same time can still be articulable to political ones. It could create a representative system for the apolitical persons jaded with the party system; with regard to exercising both the active and passive suffrage. It could overrule the decisions of the people's representative chamber on a professional principle, and not on the binary code of government/opposition (especially with the involvement of professionals who keep their distance from the parties). Well, at today's state of party politics, the people's representative parliament by far cannot be viewed as unified as a result of the powers having fairly different opinions.
doi:10.5937/zrpfns50-12198 fatcat:olymsbs6rjfb5inhbok7dhd2lu