Statement of the Issue

This concept paper will consider the basic structure of the legislature, with special
emphasis on the difference between bicameral (two-chamber) and unicameral (one
chamber) legislatures.

The Practical Significance of the Issue

The legislature is the single most important branch of government in a republic governed
by the rule of law.  When law rules, legislatures matters, because they make laws.  The
central dilemma for drafters of all written republican constitutions has been how to create
a legislature that will make just laws, advancing and protecting the common good of all
the citizens of the republic.  Legislatures that do not serve the common good subvert the
purposes of government by protecting their own interests, at the expense of the people as
a whole.

Republican Constitutions

This discussion assumes that you want to establish a republic.  By “republic” I mean a
nation dedicated to the common good (“res publica”) of its citizens.  All republics are
democracies, because without regular elections to control them, ruling elites will always
manage government in their own private interests.  But not all democracies are republics.
Democratic majorities may abuse their position as well as any other group in power.
Republican government requires rule of law, to control executive and judicial excesses,
but also a well-designed legislature, to guide and regulate democracy.

Human nature being what it is, any individual or group entrusted with unchecked power
will abuse it.  This means that every branch in a republican government must be subject to
control by others.  Even to speak of a “legislature”, as I do in this discussion, assumes the
distinction between “legislative”, “executive” and “judicial” powers, which republican
politicians developed to limit the power of state officials.

Structure of the Legislature

Bicameral legislatures control and limit power of state officials better than unicameral
legislatures because they divide the most important branch of government in two, to
prevent its abuse of power.  Legislative assemblies naturally develop a corporate identity
of their own, that separate them from the people.  Any group of bureaucrats or officials
will inevitably do the same.  By creating two such groups in the legislature, bicameral
republics put each chamber under the supervision of the other.  The resulting conflict
produces greater honesty in both.

Bicameral legislatures, in which the concurrence of both houses is required to make bills
law, promote public debate about important public issues by forcing the two branches of
the legislature to negotiate their differences.  This process educates the public, by giving
legislators an incentive to explain their positions to constituents.

The primary advantage of bicameral government is that it limits corruption and protects
minorities.  The primary disadvantage is that it may slow the process of legislation when
the two branches disagree.  Unicameral government has the advantage of being able to
act quickly but the disadvantage of being flighty, oppressive and corrupt.

Composition of the Legislature

The most effective legislatures have always been composed of elected representatives,
serving for limited terms in office.  Periodic elections give legislators good reason to
consider the needs of the people, while offering citizens the opportunity to replace
representatives whose performance they do not approve.

Accepting as a basic requirement of justice that legislatures should be elected,  republics
have adopted a wide variety of principles of election.  The nation may vote as a whole for
political parties, with seats allocated proportionally according to the number of votes
received.  The nation may vote locally, with a single individual representing the entire
district.  The nation may vote for an executive, who appoints the members of the
legislature.  The nation may vote for local administrators, who then appoint the national
legislature.  There are many other options.

Most republics now maintain bicameral legislatures, using a different principle of
representation in each of the legislative houses.  Typically there is a larger house
(200-500 members) elected directly by the people according to population, and a smaller
house (20-70 members) representing the geographical districts of the nation.  This dual
system of representation reconciles the will of the nation as a whole, or the majority, with
the needs and concerns of regional minorities, who might otherwise be subordinated or
overlooked.

Generally the more numerous house in the legislature is selected by proportional
representation, representing all political parties according to their relative strength in the
population.  This has the advantage of making the legislature an accurate reflection of the
nation.  It has the disadvantage of dividing the legislators into a large number of factions,
who may have difficulty cooperating.

The more numerous branch of the legislature usually also submits to frequent elections, to
keep its members in close touch with the views of the people.  This has the advantage of
making sure that state activities enjoy the support of the population.  It has the
disadvantage of subjecting legislation to transient swings of public opinion.

The less numerous second house in the legislature, generally, sits for longer terms of
office.  This has the advantage of giving representatives more independence and time for
reflection about the good of the nation.  It has the disadvantage of separating them
somewhat from the needs of the voters they serve.


Conclusion

The basic structural necessities of good government have long been widely understood to
require bicameral legislatures, allocated by population in one chamber and by geography
in the other, with the concurrence of both houses required to make law.

Submitted by Dr. Mortimer Sellers
Director of International and Comparative Law Center
Professor of Law at the University of Baltimore
U.S.A