In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word parliament to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the Legal name.
Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. What is considered to be the first modern parliament, was the Cortes of León, held in the Kingdom of León in 1188.Michael Burger: The Shaping of Western Civilization: From Antiquity To the Enlightenment. Page: 190Susana Galera: Judicial Review: A Comparative Analysis Inside the European Legal System. Page: 21Gaines Post: Studies in Medieval Legal Thought: Public Law And the State, 1100–1322 Page 62 According to the UNESCO, the Decreta of Leon of 1188 is the oldest documentary manifestation of the European parliamentary system. In addition, UNESCO granted the 1188 Cortes of Alfonso IX the title of "Memory of the World" and the city of Leon has been recognized as the "Cradle of Parliamentarism".
Ancient Athens was the cradle of democracy. The Athenian assembly (ἐκκλησία, ekklesia) was the most important institution, and every free male citizen could take part in the discussions. Slaves and women could not. However, Athenian democracy was not representative, but rather direct, and therefore the ekklesia was different from the parliamentary system.
The Roman Republic had legislative assemblies, who had the final say regarding the election of magistrates, the enactment of new , the carrying out of capital punishment, the declaration of war and peace, and the creation (or dissolution) of alliances.Abbott, Frank Frost (1901). A History and Description of Roman Political Institutions. Elibron Classics. . The Roman Senate controlled money, administration, and the details of foreign policy.Byrd, Robert (1995). The Senate of the Roman Republic. US Government Printing Office Senate Document 103–23.
Some Muslim scholars argue that the Islamic shura (a method of taking decisions in Islamic societies) is analogous to the parliament. However, other scholars (notably from Hizb ut-Tahrir) highlight what they consider fundamental differences between the shura system and the parliamentary system. The System of Islam, (Nidham ul Islam) by Taqiuddin an-Nabhani , Al-Khilafa Publications, 1423 AH – 2002 CE, p.61 The System of Islam, by Taqiuddin an-Nabhani , p.39
As part of the Norman Conquest, the new king, William I, did away with the Witenagemot, replacing it with a Curia Regis ("King's Council"). Membership of the Curia was largely restricted to the tenant-in-chief, the few nobles who "rented" great estates directly from the king, along with . William brought to England the feudal system of his native Normandy, and sought the advice of the Curia Regis before making laws. This is the original body from which the Parliament, the higher courts of law, and the Privy Council and Cabinet descend. Of these, the legislature is formally the High Court of Parliament; judges sit in the Supreme Court of Judicature. Only the executive government is no longer conducted in a royal court.
Most historians date the emergence of a parliament with some degree of power, to which the throne had to defer, no later than the reign of Edward I. Like previous kings, Edward called leading nobles and church leaders to discuss government matters, especially finance and taxation. A meeting in 1295 became known as the Model Parliament because it set the pattern for later Parliaments. The significant difference between the Model Parliament and the earlier Curia Regis was the addition of the Commons: that is, the inclusion of elected representatives of rural landowners and of townsmen. In 1307, Edward agreed not to collect certain taxes without the "consent of the realm" through parliament. He also enlarged the court system.
During the reign of King Henry III (13th century), English Parliaments included elected representatives from shires and towns. Thus these parliaments are considered forerunners of the modern parliament.
In 1265, Simon de Montfort, then in rebellion against Henry III, summoned a parliament of his supporters without royal authorisation. The , , , , and were summoned, as were two from each shire and two burgesses from each borough. Knights had been summoned to previous councils, but it was unprecedented for the boroughs to be represented. In 1295, Edward I adopted De Montfort's ideas for representation and election in the so-called "Model Parliament". At first, each estate debated independently; by the reign of Edward III, however, Parliament had grown closer to its modern form, with the legislative body having two separate chambers.
The Acts of Supremacy established the monarch as head of the Church of England.
The rise of Parliament proved especially important in the sense that it limited the repercussions of dynastic complications that had so often plunged England into civil war. Parliament still ran the country even in the absence of suitable heirs to the throne, and its legitimacy as a decision-making body reduced the royal prerogatives of kings like Henry VIII and the importance of their whims. For example, Henry VIII could not simply establish supremacy by proclamation; he required Parliament to enforce statutes and add felonies and treasons. An important liberty for Parliament was its freedom of speech; Henry allowed anything to be spoken openly within Parliament and speakers could not face arrest – a fact which they exploited incessantly. Nevertheless, Parliament in Henry VIII's time offered up very little objection to the monarch's desires. Under his and Edward's reign, the legislative body complied willingly with the majority of the kings' decisions.
Much of this compliance stemmed from how the English viewed and traditionally understood authority. As Williams described it, "King and parliament were not separate entities, but a single body, of which the monarch was the senior partner and the Lords and the Commons the lesser, but still essential, members."
Although its role in government had expanded significantly in the mid 16th century, the Parliament of England saw some of its most important gains in the 17th century. A series of conflicts between the Crown and Parliament culminated in the execution of King Charles I in 1649. For a brief period, England became a commonwealth, with Oliver Cromwell the de facto ruler, with the title of Lord Protector. Frustrated with its decisions, Cromwell purged and suspended Parliament on several occasions.
A controversial figure notorious for his actions in Ireland, Cromwell is nonetheless regarded as essential to the growth of democracy in England. The years of the Commonwealth, coupled with the restoration of the monarchy in 1660 and the subsequent Glorious Revolution of 1688, helped reinforce and strengthen Parliament as an institution separate from the Crown.
All the parliaments could issue regulatory decrees for the application of royal edicts or of customary practices; they could also refuse to register laws that they judged contrary to fundamental law or simply as being untimely. Parliamentary power in France was suppressed more so than in England as a result of absolutism, and parliaments were eventually overshadowed by the larger Estates General, up until the French Revolution, when the last Estates General transformed itself into a National Assembly, a legislative body whose existence is independent of the royal power.
The thing was the assembly of the free men of a country, province or a hundred (hundare/härad/herred). There were consequently, hierarchies of things, so that the local things were represented at the thing for a larger area, for a province or land. At the thing, disputes were solved and political decisions were made. The place for the thing was often also the place for public religious rites and for commerce.
The thing met at regular intervals, legislated, elected chieftains and Germanic king, and judged according to the law, which was memorised and recited by the "law speaker" (the judge).
The Icelandic, Faroese and Manx parliaments trace their origins back to the Viking expansion originating from the petty kingdoms of Norway as well as Denmark, replicating Viking government systems in the conquered territories, such as those represented by the Gulating near Bergen in western Norway:
Later national diets with chambers for different estates developed, e.g. in Sweden and in Finland (which was part of Sweden until 1809), each with a House of Knights for the nobility. In both these countries, the national parliaments are now called riksdag (in Finland also eduskunta), a word used since the Middle Ages and equivalent of the German word Reichstag.
Today the term lives on in the official names of national legislatures and other institutions in the North Germanic countries. In Yorkshire and former Danelaw areas of England, which were subject to Norse invasion and settlement, the wapentake was another name for the same institution.
Some researchers have traced the roots of the Hungarian institution of national assemblies as far back as the 11th century. This based on documentary evidence that, on certain "important occasions" under the reigns of King Ladislaus I and King Coloman "the Learned", assemblies were held on a national scale where both ecclesiastic and secular dignitaries made appearances. The first exact written mention of the word "parlamentum" (Parliament) for the nation-wide assembly originated during the reign of King Andrew II in the Golden Bull of 1222, which reaffirmed the rights of the smaller nobles of the old and new classes of royal servants (servientes regis) against both the crown and the magnates, and to defend the rights of the whole nation against the crown by restricting the powers of the latter in certain fields and legalizing refusal to obey its unlawful/unconstitutional commands (the " ius resistendi"). The lesser nobles also began to present Andrew with grievances, a practice that evolved into the institution of the Hungarian Diet.
An institutionalized Hungarian parliament emerged during the 14th and 15th centuries. Beginning under King Charles I, continuing under subsequent kings through into the reign of King Matthias I, the Diet was essentially convened by the king. However, under the rule of heavy handed kings like Louis the Great and during reign of the early absolutist Matthias Corvinus the parliaments were often convened to announce the royal decisions, and had no significant power of its own. Since the reign of the Jagiellonian dynasty, the parliament has regained most of its former power.
The general parliament of the Polish–Lithuanian Commonwealth consisted of three estates – the King of Poland, the Senate (consisting of Ministers, Palatines, Castellans and Roman Catholic Bishops) and the Chamber of Envoys comprising 170 nobles acting on behalf of their holdings as well as representatives of major cities, who did not possess any voting privileges. In 1573, a convocation sejm established an elective monarchy in the Commonwealth.
After the conquest of Algarve in 1249, the Kingdom of Portugal completed its Reconquista. In 1254 King Afonso III of Portugal summoned Portuguese Cortes in Leiria, with the inclusion of bourgeoisie from old and newly incorporated municipalities. This inclusion establishes the Cortes of Leiria of 1254 as the second sample of modern parliamentarism in the history of Europe (after the Cortes of León in 1188). In these Cortes the monetagio was introduced: a fixed sum was to be paid by the burghers to the Crown as a substitute for the septennium (the traditional revision of the face value of coinage by the Crown every seven years). These Cortes also introduced Staple right laws on the Douro River, favoring the new royal city of Vila Nova de Gaia at the expense of the old episcopal city of Porto.
The Portuguese Cortes met again under King Afonso III of Portugal in 1256, 1261 and 1273, always by royal summon. Medieval Kings of Portugal continued to rely on small assemblies of notables, and only summoned the full Cortes on extraordinary occasions. A Cortes would be called if the king wanted to introduce new taxes, change some fundamental laws, announce significant shifts in foreign policy (e.g. ratify treaties), or settle matters of royal succession, issues where the cooperation and assent of the towns was thought necessary. Changing taxation (especially requesting war subsidies), was probably the most frequent reason for convening the Cortes. As the nobles and clergy were largely tax-exempt, setting taxation involved intensive negotiations between the royal council and the bourgeoisie delegates at the Cortes.
Delegates ( procuradores) not only considered the king's proposals, but, in turn, also used the Cortes to submit petitions of their own to the royal council on a myriad of matters, e.g. extending and confirming town privileges, punishing abuses of officials, introducing new price controls, constraints on Jews, pledges on coinage, etc. The royal response to these petitions became enshrined as ordinances and statutes, thus giving the Cortes the aspect of a legislature. These petitions were originally referred to as aggravamentos (grievances) then artigos (articles) and eventually capitulos (chapters). In a Cortes-Gerais, petitions were discussed and voted upon separately by each estate and required the approval of at least two of the three estates before being passed up to the royal council. The proposal was then subject to royal veto (either accepted or rejected by the king in its entirety) before becoming law.
Nonetheless, the exact extent of Cortes power was ambiguous. Kings insisted on their ancient prerogative to promulgate laws independently of the Cortes. The compromise, in theory, was that ordinances enacted in Cortes could only be modified or repealed by Cortes. But even that principle was often circumvented or ignored in practice.
The Cortes probably had their heyday in the 14th and 15th centuries, reaching their apex when John I of Portugal relied almost wholly upon the bourgeoisie for his power. For a period after the 1383–1385 Crisis, the Cortes were convened almost annually. But as time went on, they became less important. Portuguese monarchs, tapping into the riches of the Portuguese empire overseas, grew less dependent on Cortes subsidies and convened them less frequently. John II (r.1481-1495) used them to break the high nobility, but dispensed with them otherwise. Manuel I (r.1495-1521) convened them only four times in his long reign. By the time of Sebastian (r.1554–1578), the Cortes was practically an irrelevance.
Curiously, the Cortes gained a new importance with the Iberian Union of 1581, finding a role as the representative of Portuguese interests to the new Habsburg monarch. The Cortes played a critical role in the 1640 Restoration, and enjoyed a brief period of resurgence during the reign of John IV of Portugal (r.1640-1656). But by the end of the 17th century, it found itself sidelined once again. The last Cortes met in 1698, for the mere formality of confirming the appointment of Infante John (future John V of Portugal) as the successor of Peter II of Portugal. Thereafter, Portuguese kings ruled as absolute monarchs and no Cortes were assembled for over a century. This state of affairs came to an end with the Liberal Revolution of 1820, which set in motion the introduction of a new constitution, and a permanent and proper parliament, that however inherited the name of Cortes Gerais.
It could be summoned either by tsar, or patriarch, or the Boyar Duma. Three categories of population, comparable to the Estates-General of France but with the numbering of the first two Estates reversed, participated in the assembly:
The name of the parliament of nowadays Russian Federation is the Federal Assembly of Russia. The term for its lower house, State Duma (which is better known than the Federal Assembly itself, and is often mistaken for the entirety of the parliament) comes from the Russian word думать ( dumat), "to think". The Boyar Duma was an advisory council to the and tsars of Muscovy. The Duma was discontinued by Peter the Great, who transferred its functions to the Governing Senate in 1711.
Since the Novgorod revolution of 1137 ousted the ruling grand prince, the veche became the supreme state authority. After the reforms of 1410, the veche was restructured on a model similar to that of Venice, becoming the Commons chamber of the parliament. An upper Senate-like Council of Lords was also created, with title membership for all former city magistrates. Some sources indicate that veche membership may have become full-time, and parliament deputies were now called vechniks. It is recounted that the Novgorod assembly could be summoned by anyone who rung the veche bell, although it is more likely that the common procedure was more complex. This bell was a symbol of republican sovereignty and independence. The whole population of the city—boyars, merchants, and common citizens—then gathered at Yaroslav's Court. Separate assemblies could be held in the districts of Novgorod. In Pskov the veche assembled in the court of the Trinity cathedral.
The Parliament of Scotland evolved during the Middle Ages from the King's Council of Bishops and Earls. The unicameral parliament is first found on record, referred to as a colloquium, in 1235 at Kirkliston (a village now in Edinburgh).
By the early fourteenth century the attendance of knights and freeholders had become important, and from 1326 burgh commissioners attended. Consisting of the Three Estates; of clerics, lay tenant-in-chief and burgh commissioners sitting in a single chamber, the Scottish parliament acquired significant powers over particular issues. Most obviously it was needed for consent for taxation (although taxation was only raised irregularly in Scotland in the medieval period), but it also had a strong influence over justice, foreign policy, war, and all manner of other legislation, whether political, ecclesiastical, social or economic. Parliamentary business was also carried out by "sister" institutions, before c. 1500 by General Council and thereafter by the Convention of Estates. These could carry out much business also dealt with by Parliament – taxation, legislation and policy-making – but lacked the ultimate authority of a full parliament.
The parliament, which is also referred to as the Estates of Scotland, the Three Estates, the Scots Parliament or the auld Scots Parliament (English language: old), met until the Acts of Union merged the Parliament of Scotland and the Parliament of England, creating the new Parliament of Great Britain in 1707.
Following the 1997 Scottish devolution referendum, and the passing of the Scotland Act 1998 by the Parliament of the United Kingdom, the Scottish Parliament was reconvened on 1 July 1999, although with much more limited powers than its 18th-century predecessor. The parliament has sat since 2004 at its newly constructed Scottish Parliament Building in Edinburgh, situated at the foot of the Royal Mile, next to the royal palace of Holyroodhouse.
After coming to power, King Alfonso IX, facing an attack by his two neighbors, Castile and Portugal, decided to summon his curia regis (). This was a medieval organization composed of aristocrats and bishops but because of the seriousness of the situation and the need to maximize political support, Alfonso IX took the decision to also call the representatives of the urban middle class from the most important cities of the kingdom to the assembly. León's Cortes dealt with matters like the right to private property, the inviolability of domicile, the right to appeal to justice opposite the King and the obligation of the King to consult the Cortes before entering a war. Prelates, nobles, and commoners met separately in the three estates of the Cortes. In this meeting, new laws were approved to protect commoners against the arbitrarities of nobles, prelates, and the king. This important set of laws is known as the Carta Magna Leonesa.
Following this event, new Cortes would appear in the other different territories that would make up Spain: Principality of Catalonia in 1192, the Kingdom of Castile in 1250, Kingdom of Aragon in 1274, Kingdom of Valencia in 1283 and Kingdom of Navarre in 1300.
After the union of the Kingdoms of Leon and Castile under the Crown of Castile, their Cortes were united as well in 1258. The Castilian Cortes had representatives from Burgos, Toledo, León, Seville, Córdoba, Murcia, Jaén, Zamora, Segovia, Ávila, Salamanca, Cuenca, Toro, Valladolid, Soria, Madrid, Guadalajara and Granada (after 1492). The Cortes' assent was required to pass new taxes, and could also advise the king on other matters. The comunero rebels intended a stronger role for the Cortes, but were defeated by the forces of Habsburg Spain Emperor Charles V in 1521. The Cortes maintained some power, however, though it became more of a consultative entity. However, by the time of King Philip II, Charles's son, the Castilian Cortes had come under functionally complete royal control, with its delegates dependent on the Crown for their income.
The Cortes of the Crown of Aragon kingdoms retained their power to control the king's spending with regard to the finances of those kingdoms. But after the War of the Spanish Succession and the victory of another royal house – the Bourbons – and King Philip V, their Cortes were suppressed (those of Aragon and Valencia in 1707, and those of Catalonia and the Balearic islands in 1714).
The first Cortes representing the whole of Spain (and the Spanish empire of the day) assembled in 1812, in Cadiz, where it operated as a government in exile as at that time most of the rest of Spain was in the hands of Napoleon's army.
The Sich Rada (council) was an institution of Cossack administration from the 16th to the 18th century. With the establishment of the Cossack Hetmanate in 1648, it was officially known as the General Military Council, or Cossack Rada, until 1750.
The Central Council of Ukraine, or the Central Rada, founded on March 4, 1917, was the All-Ukrainian council of the Ukrainian People's Republic, which declared its full state independence in the Fourth Universal of the Ukrainian Central Council in 1918. The contemporary Ukrainian parliament is called the Verkhovna Rada of Ukraine.
The British Parliament is often referred to as the Mother of Parliaments (in fact a misquotation of John Bright, who remarked in 1865 that "England is the Mother of Parliaments") because the British Parliament has been the model for most other parliamentary systems, and its Acts have created many other parliaments. Many nations with parliaments have to some degree emulated the British "three-tier" model known as the Westminster system. Most countries in Europe and the Commonwealth have similarly organised parliaments with a largely ceremonial head of state who formally opens and closes parliament, a large elected lower house and a smaller, upper house.
In the United Kingdom, Parliament consists of the House of Commons, the House of Lords, and the Monarch. The House of Commons is composed of 650 members who are directly elected by British citizens to represent single-member constituencies. The leader of a party that wins more than half the seats, or less than half but is able to gain the support of smaller parties to achieve a majority in the house, is invited by the Monarch to form a government. The House of Lords is a body of long-serving, unelected members: Lords Temporal (92 of whom inherit their titles, of whom 90 are elected internally by members of the House to lifetime seats), 588 of whom have been appointed to lifetime seats, and Lords Spiritual (26 bishops, who are part of the house while they remain in office).
Legislation can originate from either the Lords or the Commons. It is voted on in several distinct stages, called readings, in each house. First reading is merely a formality. Second reading is where the bill as a whole is considered. Third reading is detailed consideration of clauses of the bill.
In addition to the three readings a bill also goes through a committee stage where it is considered in great detail. Once the bill has been passed by one house it goes to the other and essentially repeats the process. If after the two sets of readings, there are disagreements between the versions that the two houses passed it is returned to the first house for consideration of the amendments made by the second. If it passes through the amendment stage Royal Assent is granted and the bill becomes law as an Act of Parliament.
The House of Lords is the less powerful of the two houses as a result of the Parliament Acts 1911 and 1949. These Acts removed the veto power of the Lords over a great deal of legislation. If a bill is certified by the Speaker of the House of Commons as a money bill (i.e. acts raising taxes and similar) then the Lords can only block it for a month. If an ordinary bill originates in the Commons the Lords can only block it for a maximum of one session of Parliament. The exceptions to this rule are things like bills to prolong the life of a Parliament beyond five years.
In addition to functioning as the second chamber of Parliament, the House of Lords was also the final court of appeal for much of the law of the United Kingdom—a combination of judicial and legislative function that recalls its origin in the Curia Regis. This changed in October 2009 when the Supreme Court of the United Kingdom opened and acquired the former jurisdiction of the House of Lords.
Since 1999, there has been a Scottish Parliament in Edinburgh, and, since 2020, a Senedd—or Welsh Parliament—in Cardiff. However, these national, unicameral do not have complete power over their respective countries of the United Kingdom, holding only those powers devolved to them by Westminster from 1997. They cannot legislate on defence issues, currency, or national taxation (e.g. VAT, or Income Tax). Additionally, the bodies can be theoretically dissolved, at any given time, by the British Parliament without the consent of the devolved government.
While suffrage did not become universal, the taxed peasantry was represented in Parliament, although with little influence and commoners without taxed property had no suffrage at all.
After long years of legislative work, on 2 April 1997, the National Assembly adopted The Constitution of the Republic of Poland. It entered into force on 17 October 1997. The new Constitution introduced a "rationalised" parliamentary-cabinet system in Poland. It is the first Constitution of the Third Republic. That was the first Constitution of the Third Republic. The act defined the position of the Sejm and the Senate within the system without using the term "parliament". It adopted the doctrine of separation of powers, which provided for a balance between the legislative and executive powers. In practice the binding provisions of the Constitution ensure the supremacy of the legislative power. Both chambers are autonomous bodies, independent of each other, with their own powers. The Constitution retained the principle of bicameralism of the legislature. The Sejm and the Senate sitting jointly constitute the National Assembly. Characteristically, the new Constitution conferred very extensive powers on the Sejm. On the other hand, the powers of the Senate are limited, as in the Constitutions of 1921 and 1992.
In some parliamentary systems, the prime minister is a member of the parliament (e.g. in the United Kingdom), whereas in others they are not (e.g. in the Netherlands). They are commonly the leader of the majority party in the lower house of parliament, but only hold the office as long as the "confidence of the house" is maintained. If members of the lower house lose faith in the leader for whatever reason, they can call a vote of no confidence and force the prime minister to resign.
This can be particularly dangerous to a government when the distribution of seats among different parties is relatively even, in which case a new election is often called shortly thereafter. However, in case of general discontent with the head of government, their replacement can be made very smoothly without all the complications that it represents in the case of a presidential system.
The parliamentary system can be contrasted with a presidential system, such as the American congressional system, which operates under a stricter separation of powers, whereby the executive does not form part of, nor is it appointed by, the parliamentary or legislative body. In such a system, congresses do not select or dismiss heads of governments, and governments cannot request an early dissolution as may be the case for parliaments. Some states, such as France, have a semi-presidential system which falls between parliamentary and congressional systems, combining a powerful head of state (president) with a head of government, the prime minister, who is responsible to parliament.
Except for the of Berlin, Bremen and Hamburg, where the city council is also the state parliament, all state parliaments are called Landtag:
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