Parliamentary session
Encyclopedia
A legislative session is the period of time in which a legislature
, in both parliamentary
and presidential system
s, is convened for purpose of law
making, usually being one of two or more smaller divisions of the entire time between two elections. In each country the procedures for opening, ending, and in between sessions differs slightly.
during which legislators could return to their constituencies. In more recent times, development in transportation technology has permitted these individuals to journey with greater ease and frequency from the legislative capital to their respective electoral district
s (sometimes called ridings) for short periods, meaning that parliamentary sessions typically last for more than one year, though the length of sessions varies. Legislatures plan their business within a legislative calendar
, which lays out how Bills
will proceed before a session ceases, though related, but unofficial, affairs may be conducted by legislators outside a session or during a session on days in which parliament is not meeting.
While a parliament is prorogued, between two legislative sessions, the legislature is still constituted i.e. no general election
takes place and all Members of Parliament
thus retain their seats. In many legislatures, prorogation causes all orders of the bodybills, motions
, etc.to be expunged. Prorogations should thus not be confused with recesses, adjournments, or holiday breaks from legislation, after which bills can resume exactly where they left off. In the United Kingdom, however, the practice of terminating all bills upon prorogation has slightly altered; Public Bills
may be carried over from one legislative session to the next.
This break takes place so as to prevent the upper house
from sitting during an election campaign and to purge all upper chamber business before the start of the next legislative session. It is not uncommon for a session of parliament to be put into recess during holidays and then resumed a few weeks later exactly where it left off. Governments today end sessions whenever it is most convenient, and often, a new session will begin on the same day that the previous session ended. In most cases, when parliament reconvenes for a new legislative session, the head of state
, or a representative thereof, will address the legislature in an opening ceremony
.
In both parliamentary
and presidential system
s, sessions are referred to by the name of the body and an ordinal number
for example, the 2nd Session of the 39th Canadian Parliament
or the 1st Session of the 109th United States Congress
.
In Commonwealth realm
s, legislative sessions can last from a few weeks to over a year; between general elections, there are usually anywhere from one to six sessions of parliament before a dissolution by either the Crown-in-Council
or the expiry of a legally mandated term limit. Each session begins with a speech from the throne
, read to the members of both legislative chambers either by the reigning sovereign or a viceroy
or other representative. Houses of parliament in some realms will, following this address, introduce a pro forma bill as a symbol of the right of parliament to give priority to matters other than the monarch and his or her words (always written by the cabinet
of the day).
Bills are numbered within each session; in Canada, for example, each period's government House Bills are numbered from C-2 to C-200 (for the House of Commons
) and S-2 to S-200 (for the Senate), returning again to C-2 and S-2 following a prorogation (C-1 and S-1 always being the aforementioned pro-forma bill).
In the parliament of the United Kingdom
, prorogation is immediately preceded by a speech to both legislative chambers, with procedures similar to the Throne Speech. The monarch usually approves the oration which recalls the prior legislative session, noting major bills passed and other functions of the government but rarely delivers it in person, Queen Victoria
being the last to do so. Instead, the speech is presented by the Lords Commissioners
and read by the Leader of the House of Lords
. When King Charles I
dissolved the Parliament of England
in 1628, after the Petition of Right
, he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances.
In the British and Canadian parliamentary
systems, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne, called in the UK the legislative programme
, and remain in recess until the monarch, governor-general
, lieutenant governor
, or governor
summons parliamentarians again. In Canada, however, prorogations have triggered speculation that they were advised by the sitting prime minister
for political purposes: for example, in the 40th Parliament
, the first prorogation occurred in the midst of a parliamentary dispute
, in which the opposition parties expressed intent to defeat the minority government, and the second was suspected by opposition Members of Parliament to be a way to avoid investigations into the Afghan detainees affair and triggered citizen protests
.
Probably the most prominent case of alleged abuse of prorogation in recent United Kingdom history was the short session of Parliament convened in September and October 1948, which included a King's Speech
on 14 September 1948 and prorogation on 25 October. The Labour government of Clement Attlee
used this tactic to ensure a more rapid enactment of the Parliament Act 1949
which reduced the powers of the House of Lords.
, some state legislatures meet only part of the year. If business arises that must be addressed before the next regular session, the chief executive (like the governor) may call a special session
.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, in both parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
and presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
s, is convened for purpose of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
making, usually being one of two or more smaller divisions of the entire time between two elections. In each country the procedures for opening, ending, and in between sessions differs slightly.
Common procedure
Historically, each session of a parliament would last less than one year, ceasing with a prorogationProrogation
Prorogation is the time between legislative sessions.*For general information on the procedure see Legislative session.*For prorogation in the constitution of ancient Rome, see Prorogatio.*For the use of the mechanism in Canada, see Prorogation in Canada....
during which legislators could return to their constituencies. In more recent times, development in transportation technology has permitted these individuals to journey with greater ease and frequency from the legislative capital to their respective electoral district
Electoral district
An electoral district is a distinct territorial subdivision for holding a separate election for one or more seats in a legislative body...
s (sometimes called ridings) for short periods, meaning that parliamentary sessions typically last for more than one year, though the length of sessions varies. Legislatures plan their business within a legislative calendar
Legislative calendar
A legislative calendar is used by legislatures to plan their business during the legislative session.- Calendar :Typically, one of the first items mentioned on the calendar is passing the bill enacting procedures and deadlines for the session. Time may also be allotted for considering the budget...
, which lays out how Bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
will proceed before a session ceases, though related, but unofficial, affairs may be conducted by legislators outside a session or during a session on days in which parliament is not meeting.
While a parliament is prorogued, between two legislative sessions, the legislature is still constituted i.e. no general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
takes place and all Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
thus retain their seats. In many legislatures, prorogation causes all orders of the bodybills, motions
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
, etc.to be expunged. Prorogations should thus not be confused with recesses, adjournments, or holiday breaks from legislation, after which bills can resume exactly where they left off. In the United Kingdom, however, the practice of terminating all bills upon prorogation has slightly altered; Public Bills
Public bill
In the legislative process, a public bill is a bill which proposes a law of general application throughout the jurisdiction in which it is proposed, and which if enacted will hence become a public law or public act....
may be carried over from one legislative session to the next.
This break takes place so as to prevent the upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
from sitting during an election campaign and to purge all upper chamber business before the start of the next legislative session. It is not uncommon for a session of parliament to be put into recess during holidays and then resumed a few weeks later exactly where it left off. Governments today end sessions whenever it is most convenient, and often, a new session will begin on the same day that the previous session ended. In most cases, when parliament reconvenes for a new legislative session, the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, or a representative thereof, will address the legislature in an opening ceremony
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
.
In both parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
and presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
s, sessions are referred to by the name of the body and an ordinal number
Ordinal number
In set theory, an ordinal number, or just ordinal, is the order type of a well-ordered set. They are usually identified with hereditarily transitive sets. Ordinals are an extension of the natural numbers different from integers and from cardinals...
for example, the 2nd Session of the 39th Canadian Parliament
39th Canadian Parliament
The 39th Canadian Parliament was in session from April 3, 2006 until September 7, 2008. The membership was set by the 2006 federal election on January 23, 2006, and it has changed only somewhat due to resignations and by-elections...
or the 1st Session of the 109th United States Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
.
Procedure in Commonwealth realms
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, legislative sessions can last from a few weeks to over a year; between general elections, there are usually anywhere from one to six sessions of parliament before a dissolution by either the Crown-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
or the expiry of a legally mandated term limit. Each session begins with a speech from the throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
, read to the members of both legislative chambers either by the reigning sovereign or a viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
or other representative. Houses of parliament in some realms will, following this address, introduce a pro forma bill as a symbol of the right of parliament to give priority to matters other than the monarch and his or her words (always written by the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
of the day).
Bills are numbered within each session; in Canada, for example, each period's government House Bills are numbered from C-2 to C-200 (for the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
) and S-2 to S-200 (for the Senate), returning again to C-2 and S-2 following a prorogation (C-1 and S-1 always being the aforementioned pro-forma bill).
In the parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, prorogation is immediately preceded by a speech to both legislative chambers, with procedures similar to the Throne Speech. The monarch usually approves the oration which recalls the prior legislative session, noting major bills passed and other functions of the government but rarely delivers it in person, Queen Victoria
Victoria of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
being the last to do so. Instead, the speech is presented by the Lords Commissioners
Lords Commissioners
The Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament which would otherwise require the monarch's attendance at the Palace of Westminster...
and read by the Leader of the House of Lords
Leader of the House of Lords
The Leader of the House of Lords is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Lords. The role is always held in combination with a formal Cabinet position, usually one of the sinecure offices of Lord President of the Council,...
. When King Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
dissolved the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
in 1628, after the Petition of Right
Petition of right
In English law, a petition of right was a remedy available to subjects to recover property from the Crown.Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract...
, he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances.
In the British and Canadian parliamentary
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
systems, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne, called in the UK the legislative programme
Legislative programme
A legislative programme is a list of bills which the United Kingdom government intends to introduce to Parliament during a parliamentary session. The programme is an outline of the Government's intended direction and emphases in the coming year...
, and remain in recess until the monarch, governor-general
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
, lieutenant governor
Lieutenant Governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom...
, or governor
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
summons parliamentarians again. In Canada, however, prorogations have triggered speculation that they were advised by the sitting prime minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
for political purposes: for example, in the 40th Parliament
40th Canadian Parliament
The 40th Canadian Parliament was in session from November 18, 2008 to March 26, 2011, and was the last Parliament of the longest-running minority government in Canadian history that began with the previous Parliament. The membership of its House of Commons was determined by the results of the 2008...
, the first prorogation occurred in the midst of a parliamentary dispute
2008–2009 Canadian parliamentary dispute
The 2008–2009 Canadian parliamentary dispute was a political dispute during the 40th Canadian Parliament. It was triggered by the expressed intention of the opposition parties to defeat the Conservative minority government on a motion of non-confidence six weeks after the federal election on...
, in which the opposition parties expressed intent to defeat the minority government, and the second was suspected by opposition Members of Parliament to be a way to avoid investigations into the Afghan detainees affair and triggered citizen protests
2010 Canada anti-prorogation protests
On 23 January 2010 there were numerous protests opposing the prorogation of the 40th Canadian Parliament. The prorogation had occurred a month earlier on 30 December 2009 on the constitutional advice of Prime Minister of Canada Stephen Harper and was officially carried out by Governor General...
.
Probably the most prominent case of alleged abuse of prorogation in recent United Kingdom history was the short session of Parliament convened in September and October 1948, which included a King's Speech
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
on 14 September 1948 and prorogation on 25 October. The Labour government of Clement Attlee
Clement Attlee
Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC, FRS was a British Labour politician who served as the Prime Minister of the United Kingdom from 1945 to 1951, and as the Leader of the Labour Party from 1935 to 1955...
used this tactic to ensure a more rapid enactment of the Parliament Act 1949
Parliament Act 1949
The Parliament Act 1949 is an Act of the Parliament of the United Kingdom.This Act must be construed as one with the Parliament Act 1911...
which reduced the powers of the House of Lords.
Procedure in the United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, some state legislatures meet only part of the year. If business arises that must be addressed before the next regular session, the chief executive (like the governor) may call a special session
Special session
In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year , such as outlining the government's budget for the next fiscal year, biennium, or other period...
.