Parliament

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The House of Representatives Chamber of the Parliament of Australia in Canberra.

• Legislature
• Legislatures by country
• Parliament
  • Member of Parliament
  • Parliamentary group
    • Parliamentary group leader
• Congress
  • Congressperson
• Unicameralism
• Multicameralism
  • Bicameralism
  • Tricameralism (historical)
  • Tetracameralism (historical)
• Chambers of parliament
  • Upper house (Senate)
  • Lower house
• Parliamentary system
• City council
  • Councillor

A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French parlement, the action of parler (to speak): a parlement is a discussion. The term came to mean a meeting at which such a discussion took place. It acquired its modern meaning as it came to be used for the body of people (in an institutional sense) who would meet to discuss matters of state.

Parliament Government

Legislatures called parliaments operate under a parliamentary system of government in which the executive is constitutionally answerable to the parliament. This can be contrasted with a presidential system, on the model of the United States' congressional system, which operate under a stricter separation of powers whereby the executive does not form part of, nor is appointed by, the parliamentary or legislative body. Typically, 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 have a semi-presidential system which combines a powerful president with an executive responsible to parliament.

     Nations with bicameral legislatures.     Nations with unicameral legislatures.     No legislature.

Parliaments may consist of chambers or houses, and are usually either bicameral or unicameral—although more complex models exist, or have existed (see Tricameralism).

A nation's prime minister ("PM") is almost always the leader of the majority party in the lower house of parliament, but only holds his or her 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 often call a vote of no confidence and force the PM to resign. This can be particularly dangerous to a government when the distribution of seats 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, his replacement can be made very smoothly without all the complications that it represents in the case of a Presidentialist system.

Origins of parliamentary government

India

Sansad Bhavan, the Parliament of India building, is located in Delhi

Ancient Indian, Vedic texts mention of two Parliament-like gatherings of the Indo-Aryan kingdoms called the Sabhā and the Samiti. During the time of the Buddha, many states were forms of republics, called the Sanghas. The Sabha has been interpreted by the historians as a representative assembly of the elect—the important men of the clan, which ran day-to-day business with the king. The Samiti seems to be a gathering of all the male members of the kingdom, and probably convened only for the ratification/election of a new king. The two largely democratic institutions, which kept a check on the absolutism of the king, were given a sacred position, and have been called the daughters of the deity Prajapati in the Vedas, the holiest of all Hindu scriptures and the earliest Indo-European literature. However, these democratic institutions became weaker as republics became larger and elected chieftainship moved towards hereditary and absolute monarchy. The Sabha and the Samiti bear almost no mention in later literature. After this, India would not have any democratic legislature till the British times^{[citation needed]}, with such bodies as the Central Legislative Assembly, a step in the direction of the modern democratic Parliament of India, the two Houses of which still bear the ancient name of Sabha.

Caliphate

Traditional Sunni Islamic lawyers agree that shura, loosely translated as 'consultation of the people', was a function of the Caliphate, where the Majlis al Shura (consultative council, or parliament) advised the caliph. The importance of this is premised by the following verses of the Qur'an:

“...those who answer the call of their Lord and establish the prayer, and who conduct their affairs by Shura. [are loved by God]”^[42:38]

“...consult them (the people) in their affairs. Then when you have taken a decision (from them), put your trust in Allah”^[3:159]

The majlis is also the means to elect a new caliph. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from the list of candidates.[1] Some modern interpretations of the role of the Majlis al Shura include those by Islamist author Sayyid Qutb and by Taqiuddin al-Nabhani, the founder of a transnational political movement devoted to the revival of the Caliphate. In an analysis of the shura chapter of the Qur'an, Qutb argued Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of God-made laws that the ruler must execute. Taqiuddin al-Nabhani, writes that Shura is important and part of the "the ruling structure" of the Islamic caliphate, "but not one of its pillars," and may be neglected without the Caliphate's rule becoming unIslamic. Non-Muslims may serve in the majlis, though they may not vote or serve as an official.

England

England has long had a tradition of a body of men who would assist and advise the King on important matters. Under the Anglo-Saxon Kings, there was an advisory council, the Witenagemot ("meeting of wise men"). As part of the Norman Conquest of England, 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 tenants in chief, the few nobles who "rented" great estates directly from the King, along with certain senior ecclesiastics.

Most historians date the emergence of a parliament with some degree of power to which the throne had to defer no later than the rule of Edward I. (Kaeuper, Richard W., War Justice and Public Order: England and France in the Later Middle Ages, Oxford U. Press, 1988.) Like previous kings, Edward called leading nobles and church leaders to discuss government matters, especially finance. 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, elected representatives of rural landowners and of townsmen. In 1307, Edward I agreed not to collect certain taxes without consent of the realm. He also enlarged the court system.

William of Normandy brought to England the feudal system of his native Normandy, and sought the advice of the curia regis, before making laws. This body is the origin from which the Parliament, the higher courts of law, the Privy Council and Cabinet have sprung. Of these, the legislature is formally the High Court of Parliament; judges sit in the Supreme Court of Judicature; and only the executive government is no longer conducted in a royal court.

The tenants-in-chief often struggled with their spiritual counterparts (Christian Humphreys) and with the King for power. In 1215, they secured from John the Magna Carta, which established that the King may not levy or collect any taxes (except the feudal taxes to which they were hitherto accustomed), save with the consent of a council. It was also established that the most important tenants-in-chief and ecclesiastics be summoned to the council by personal writs from the Sovereign, and that all others be summoned to the council by general writs from the sheriffs of their counties. Modern government has its origins in the Curia Regis; parliament descends from the Great Council later known as the parliamentum established by Magna Carta.

The first English Parliament was formed during the reign of King Henry III in the 13th century. In 1265, Simon de Montfort, 6th Earl of Leicester, who was in rebellion against Henry III, summoned a parliament of his supporters without any or prior royal authorization. The archbishops, bishops, abbots, earls and barons were summoned, as were two knights from each shire and two burgesses from each borough. Knights had been summoned to previous councils, but the representation of the boroughs was unprecedented. De Montfort's scheme was formally adopted by Edward I in the so-called "Model Parliament" of 1295. At first, each estate debated independently; by the reign of Edward III, however, Parliament had been separated into two Houses and was assuming recognisably its modern form.