Introduction
The constitutional decision of whether to establish a bicameral (two
chamber) or
unicameral (one chamber) system is an important one. Although
there are no simple
answers to this question, some generalizations can be made. While
federal systems tend
to have bicameral legislatures, presumably to ensure representation
of states or provinces,
smaller countries with unitary governments tend to establish unicameral
legislatures. It is
also generally the case that larger states, with larger populations,
tend to have bicameral
systems.
Bicameralism
A bicameral legislature has two chambers, often classified as the lower
and upper house.
The composition of the lower chambers (with such names as the House
of
Representatives, House of Commons, Chamber of Deputies and Federal
Assembly) is
generally proportionally based on population whereby each elected member
represents a
certain number of citizens. Upper chambers (sometimes called a Senate,
House of Lords
or Federal Council) vary considerably in their composition and in the
manner in which
their membership is selected. Some upper chambers represent regional
and state
divisions, such as in the United States and Germany, while others,
like the United
Kingdom and Canada, are appointed (or hereditary). In general,
upper chambers tend to
be the smaller legislative body whose members serve longer terms than
their lower
chamber counterparts.
In bicameral systems, the authority of the two chambers varies widely
from country to
country. In most cases, the upper chamber has more limited authority
than the lower
chamber. This limitation on the upper chamber's authority may
mean that it only has the
power to delay or to review legislation adopted by the lower chamber,
and/or that it has
more limited power in budget and fiscal issues. On the other
hand, there are also
bicameral systems, like that of the United States, in which the two
chambers have equal
or offsetting powers and both chambers have equal power to review,
amend and adopt
legislation.
The advantages attributed to bicameralism are its ability to:
formally represent a more diverse constituency in a legislative chamber,
whether it be on
behalf of the states, provinces or territories, or a specific (ethnic-
or class-based) segment
of the population;
facilitate a more deliberative approach to legislation;
hinder the passage of flawed or impulsive legislation;
and provide an opportunity for enhanced control of the executive branch.
Unicameralism
Unicameral legislatures have one chamber and are frequently found in
countries with
unitary -- rather than federal -- governmental systems.
A study conducted of 66 unitary
states showed that 54 had unicameral legislatures and only 12 had bicameral
systems.
Unicameral legislatures comprise a single, popularly-elected chamber.
In 1976 Portugal
adopted a new constitution with a unicameral system; as a country with
a population of
10 million Portugal is today the largest Western democracy without
a second chamber.
The advantages attributed to unicameralism are its ability to:
rapidly enact proposed legislation because there is no need to reconcile
divergent bills
produced in different chambers;
provide for increased accountability because elected representatives
cannot point to the
other chamber if legislation is not approved and there are fewer elected
officials for the
population to monitor, and;
be less costly to the government and tax payers.
Cameral Change
Among the newly emerging democratic states, several have replaced unicameral
legislatures with bicameral ones. One leading example is Romania
(with a population of 8
million) which, after the fall of communism in 1989, established a
two-chambered
institution. Romanian legislators reported that they favored
bicameralism because they felt
that it would prevent the concentration of power in the executive branch
and would
improve the quality of legislation. The 143-member Senate and
328-member Chamber
of Deputies have roughly similar powers and are both elected for four-year
terms through
proportional representation. Romanian critics of this arrangement argue
that the chambers
are redundant because they have the same authority and the same electoral
base. Those
critics also note that deadlock between the two houses has undermined
the legislature's
ability to act as a check on the executive and has diminished the institution's
public
credibility.
Kurgyzstan has also adopted a bicameral system in the post-communist
era and, perhaps
in part due to vagueness in the constitutional text itself, and legislators
are still addressing
the problem of resolving differences in legislative texts adopted
by the two chambers.
While some new states have moved towards bicameralism, other established
legislatures
have moved in the opposite direction. Sweden, a country with
a population the size of
Romania's, adopted a bicameral legislature in 1867.
In 1971, however, in response to legislative stalemate and political
stagnation, Sweden's
political parties agreed to amend the constitution and provide for
a one chamber
legislature. Similarly, in 1950, after 96 years of a bicameral
legislature, New Zealand
converted to a unicameral system because of a consensus that the appointed
upper house
was politically and legislatively irrelevant.
Conclusion
In sum, bicameral legislatures tend to be found in larger and
more heterogeneous
countries and unicameral legislatures in relatively small and
homogeneous countries. As
some experts have pointed out, a strong case for bicameralism can be
made when an
upper house represents regions such as states or provinces or distinct
ethnic groups in a
society that is deeply divided. However, these experts also emphasize
that even in
federal and/or divided countries, bicameralism does not make sense
if the two houses are
elected in the same fashion.
Submitted by Susan R. Benda
National Democratic Institute for International Affairs
1717 Massachussetts Avenue, NW Fifth Floor
Washington, DC 20036
Tel: 202-328-3136
Fax: 202-265-0168
E-mail: demos@ndi.org