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Unit 8: Constitutional Structure: Legislature

4. It has powers of constitutional amendment. However, here its powers are subject to popular Notes
verdict. When both Houses agree to revise the Constitution, either wholly or partially, the
proposed revision is submitted to the people for their acceptance. In case one of the chambers
does not agree to the proposed revision, the matter is referred to the people for their decision. If
the majority of the electorate votes for revision, new elections to the Federal Assembly take
place and when the new legislature adopts that bill (which is a foregone conclusion), the matter
is referred to the people as well as to the Cantons for their final ratification.
Criticism: Despite the fact that the Swiss Parliament has been called by its Constitution as the repository
of supreme authority, it remains to be pointed out that its real authority has much declined due to
various reasons associated with the institutions of direct democracy and other practices of this ancestral
home of democracy. The process of direct legislation has contributed to its decline in a very great
measure. Its major decisions are subject to the veto of the people. Many important bills are piloted by
the members of the Federal Council who submit them with a well-reasoned report highlighting the
urgency of the matter. A well-known Swiss writer admits that the federal legislature “cannot be
designated a parliament in particular because it cannot be put out of office by a vote of lack of
confidence.”
8.3 Russia and French Parliament and National People’s Congress of China

The Russia Parliament

The parliament Federaln Assembly has proven to be a modestly authoritative authoritative and
effective body despite the turmoil surrounding its creation. Several features distinguish it from its
predecessor institutions. One is the important role played by party factions in organizing the
proceedings of the lower house, the State Duma. The Federation Council, by contrast, refuses to
organize itself along partisan lines. Another is its bicameral structure; its two chambers differ markedly
in the way their seats are filled, the way in which they operate, and in their powers and responsibilities.
The Duma, as the lower or popular house, has the right to originate legislation except for certain
categories of policy which are under the jurisdiction of the Federation Council. As Figure 1 shows,
upon passage in the State Duma, a bill goes to the Federation Council for consideration. The Federation
Council can only pass it, reject it, or reject it and call for forming an agreement commission comprising
members of both houses to iron out differences. If the Duma rejects the upper house’s changes, it can
override the Federation Council by a two-thirds vote and send the bill directly on to the president.
When the bill has cleared parliament, it goes to the president for signature. If the president refuses to
sign the bill, it returns to the Duma. The Duma may pass it with the president’s proposed amendments
by a simple absolute majority, or override the president’s veto, for which a two-thirds vote is required.
The Federation Council must then also approve the bill, by a simple majority if the president’s
amendments are accepted, or a two-thirds vote if it chooses to override the president. On rare occasions,
the Duma has overridden the president’s veto and it has overridden Federation Council rejections
more frequently. In other cases, the Duma has passed bills rejected by the president after accepting
the president’s amendments. Since 1994, the parliament and president have generally avoided
provoking a conflict that could trigger a major constitutional crisis, although under Yeltsin they
sometimes came close to the brink.
The State Duma has emerged as an assertive and active body. Unlike the Federation Council, the
Duma is organized by party faction. Representatives of its factions—one from each registered group
regardless of size—comprise its steering body, the Council of the Duma. The Council of the Duma
makes the principal decisions in the Duma about the legislative agenda and proceedings, and acts on
occasion to broker compromise agreements that overcome deadlocks among the deeply opposing
political groups represented in the Duma. The Duma also has a set of 28 standing committees. Some,
such as the budget committee, have become influential in shaping national economic policy. Both on
distributive issues, such as the budget, and on regulatory policy, Such as legal reform, the government
and president often seek to compromise with the Duma in shaping legislation rather than reverting
to the use of presidential decree power to break stalemates over policy.

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