Legislative council

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Wikipedia

A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the British (former) colonies. However, it has also been used as designation in other (non-Commonwealth) nations. A member of a legislative council is commonly referred to as an MLC.

In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.

History

In the British Empire, the authority under which legislative councils have been constituted has varied: some under the royal prerogative, others by acts of parliament, and some by commission and royal instructions.[1]

List of legislative councils

Existing national legislative councils
Country Body Type Established Notes
Brunei Darussalam Legislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004
Hong Kong Legislative CouncilUnicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98
Isle of Man Legislative CouncilUpper House
Palestine Legislative CouncilUnicameral1996
Saint Helena Legislative CouncilUnicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Existing sub-national legislative councils
Country Region Body Type Established Notes
Australia New South WalesLegislative CouncilUpper House1824Unicameral until 1856
Australia South AustraliaLegislative CouncilUpper House1840Unicameral until 1857
Australia TasmaniaLegislative CouncilUpper House1825Unicameral until 1856
Australia VictoriaLegislative CouncilUpper House1851Unicameral until 1856
Australia Western AustraliaLegislative CouncilUpper House1832Unicameral until 1890
India Andhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007
India BiharLegislative CouncilUpper House1912Unicameral until 1920
India KarnatakaLegislative CouncilUpper House1956
India MaharashtraLegislative CouncilUpper House1960
India TelanganaLegislative CouncilUpper House2014
India Uttar PradeshLegislative CouncilUpper House1935
Venezuela ZuliaLegislative CouncilUnicameral1864
Defunct national legislative councils
Country Body Type Established Disestablished Notes
Aden Legislative CouncilUnicameral1947[2]
Antigua and Barbuda Legislative CouncilUnicameralEstablished under instructions to the governor
Bahamas Legislative CouncilUnicameral1841[3]Letters patent
Barbados Legislative CouncilUnicameral1963[4]Established under instructions to the governor
  Basutoland Legislative CouncilUnicameral1960[5]Established under instructions to the governor
Bechuanaland Protectorate Legislative CouncilUnicameral19611965
Bermuda Legislative CouncilBicameral16121980Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established under Royal Charters to the London Company in 1606, 1609, and 1612, and to the Somers Isles Company in 1615, transmitted via the Governor. Elected lower House of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into an Executive Council and a Legislative Council. Colonial legislature was updated to the Westminster system in 1968. Executive Council was renamed the Cabinet in 1973, and is now formed from Members of the majority party in the House of Assembly. Legislative Council was renamed the Senate of Bermuda in 1980, and is now composed of five Members recommended by the Premier, three by the Leader of the Opposition, and three by the Governor acting in his own discretion, all appointed by the Governor.[6]
British Columbia Legislative CouncilUnicameral18671871
British Guiana Legislative CouncilUnicameral19281961Established by an act of parliament; abolished between 1953 and 1954.
British Honduras Legislative CouncilUnicameral1853[3]Established under instructions to the governor
British India Imperial Legislative CouncilBicameral18611947Unicameral until 1920
British Virgin Islands Legislative CouncilUnicameral1867[3]2007
Burma Legislative CouncilUnicameral18971936
Ceylon Legislative CouncilUnicameral18331931Established under the prerogative
Cyprus Legislative CouncilUnicameralEstablished under the prerogative
Dominica Legislative CouncilUnicameral1832[3]Established by an act of parliament
Falkland Islands Legislative CouncilUnicameral18452009Established under the British Settlements Act, 1843
Fiji Legislative CouncilUnicameralEstablished under the prerogative
Gambia Legislative CouncilUnicameral1843[3]Established under the British Settlements Act, 1843
Gibraltar Legislative CouncilUnicameral19501969
Gold Coast Legislative CouncilUnicameralEstablished under the British Settlements Act, 1843
Jamaica Legislative CouncilUnicameral1866[3]
Kenya Legislative CouncilUnicameral19071963Established under the British Settlements Act, 1843
United Kingdom Lower Canada Legislative CouncilUpper House17911841
Malaya Federal Legislative CouncilUnicameral19481957
Malta Legislative CouncilUnicameralEstablished under the prerogative
Manchukuo Legislative CouncilUnicameral19341945Puppet state of the Empire of Japan
Mandatory Palestine Legislative CouncilUnicameral19221923
Mauritius Legislative CouncilUnicameralEstablished under the prerogative
Montserrat Legislative CouncilUnicameral2011Established under instructions to the governor
New Zealand Legislative CouncilUpper House18411950Unicameral until 1853
Newfoundland Legislative CouncilUpper House18331934
Nigeria Legislative CouncilUnicameralEstablished under the prerogative
Northern Rhodesia Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
Nyasaland Legislative CouncilUnicameral1907Established under the Foreign Jurisdiction Act, 1843
Papua New Guinea Legislative CouncilUnicameral19511963
Portugal Portuguese Guinea Legislative CouncilUnicameral19631972Became the Legislative Assembly
Portugal Portuguese West Africa Legislative CouncilUnicameral19221972Abolished between 1926 and 1955
United Kingdom Province of Canada Legislative CouncilUpper House18411867
Romania Legislative CouncilConsultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
St Kitts-Nevis-Anguilla Legislative CouncilUnicameral1832[3]Established under instructions to the governor
St Lucia Legislative CouncilUnicameral18321967[7]Established under the prerogative
St Vincent Legislative CouncilUnicameralEstablished by an act of parliament
Seychelles Legislative CouncilUnicameral19621970Established under the prerogative
Sierra Leone Legislative CouncilUnicameralEstablished under the British Settlements Act, 1843
Solomon Islands Legislative CouncilUnicameral19601970
Southern Rhodesia Legislative CouncilUnicameral18981923Established under the prerogative
Straits Settlements Legislative CouncilUnicameral1866Established by an act of parliament
Singapore Legislative CouncilUnicameral19461953
Swaziland Legislative CouncilUnicameral19641967Established in the Constitution of 1964
Trinidad and Tobago Legislative CouncilUnicameral19251961Established under the prerogative
Tanganyika Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
Turks and Caicos Islands Legislative CouncilUnicameral2006
Uganda Legislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act, 1843
United Kingdom Upper Canada Legislative CouncilUpper House17911841
Zaire Legislative CouncilUnicameral19721990
Defunct sub-national legislative councils
Country Region Body Type Established Disestablished Notes
Australia QueenslandLegislative CouncilUpper House18601922
British India BengalLegislative CouncilUpper House18611947Unicameral until 1937
British India Eastern Bengal and AssamLegislative CouncilUnicameral19061912
Canada ManitobaLegislative CouncilUpper House18701876First province to eliminate upper chamber.
Canada New BrunswickLegislative CouncilUpper House17851891
Canada Nova ScotiaLegislative CouncilUpper House18381928
Canada Prince Edward IslandLegislative CouncilUpper House17731893
Canada QuebecLegislative CouncilUpper House18671968Last province to eliminate upper chamber.
India AssamLegislative CouncilUpper House19351969
India BombayLegislative CouncilUpper House18611960Unicameral until 1935
India CochinLegislative CouncilUnicameral19251949
India Jammu and KashmirLegislative CouncilUpper House19572019
India Madhya PradeshLegislative CouncilUpper House19561969
India PunjabLegislative CouncilUpper House19561969
India Tamil NaduLegislative CouncilUpper House19561986
India West BengalLegislative CouncilUpper House19521969
United States DelawareLegislative CouncilUpper House17761792
United States Florida TerritoryLegislative CouncilBicameral18221845
United States New JerseyLegislative CouncilUpper House17761844
United States South CarolinaLegislative CouncilUpper House17761778

United States

In American English, the term "legislative council" has acquired a slightly different meaning since the 1930s. It refers to a joint committee with members from both houses of the state legislature, which supervises a staff of attorneys, accountants, and researchers charged with providing strictly nonpartisan support services to the legislature or to particular committees.[8] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933.[8][9] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names.[8] Between 1933 and 1959, at least 32 states had legislative councils.[9]

Kansas still uses a legislative council, although it was converted into the Kansas Legislative Coordinating Council in 1971. Legislative councils operating under that name exist in the states of Arkansas, Arizona, Colorado, Montana, North Dakota, Texas, and Wisconsin. Several states use the term "commission" for the same thing, including New Jersey and Nevada.

A few states, like California, have a "legislative counsel", not "council", who is appointed by a vote of the entire legislature and is thus responsible to the body as a whole rather than a "council" within it.

See also

References

  1. ↑ Wright, Martin. Appendix 9 in The Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited by Margery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).
  2. ↑ Office, Great Britain Colonial (1954). Colonial Reports Report on Aden.
  3. 1 2 3 4 5 6 7 The Colonial Office List, Comprising Historical and Statistical Information Respecting the Colonial Empire, List of Officers Serving in the Colonies, Etc. H.M. Stationery Office. 1947.
  4. ↑ "The Senate | BARBADOSPARLIAMENT.COM". www.barbadosparliament.com. Retrieved 10 May 2024.
  5. ↑ "Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968". Library of Congress, Washington, D.C. 20540 USA.
  6. ↑ "General Information". Bermuda Parliament. Government of Bermuda. Retrieved 6 August 2021.
  7. ↑ "Saint Lucia - Access Government". Saint Lucia - Access Government.
  8. 1 2 3 Teaford, Jon C. (2002). The Rise of the States: Evolution of American State Government. Baltimore: The Johns Hopkins University Press. pp. 153–157. ISBN 9780801868894. Retrieved 25 August 2014.
  9. 1 2 Davey, Harold W. (1953). "The Legislative Council Movement, 1933–1953". American Political Science Review. 47 (3): 785–797. doi:10.2307/1952905. ISSN 1537-5943. JSTOR 1952905.