Tricameralism
Encyclopedia
Tricameralism is the practice of having three legislative
or parliamentary chambers. It is contrasted to unicameralism
and bicameralism
, both of which are far more common.
The term was used in South Africa
to describe the Parliament
established under the apartheid regime's new South African Constitution of 1983
. Other instances of tricameral legislatures in history include Simón Bolívar
's model state. The word could also describe the French Estates-General, which had three 'estates'.
's apartheid government put forward a constitution providing for a tricameral legislature. On 2 November, around seventy percent of the country's white population voted in favour of the changes — black South Africans were not consulted, and under the proposal they continued to be denied representation since in theory they were citizens of independent or autonomous bantustan
s.
The South African tricameral parliament consisted of three race-based chambers:
The creation of the tricameral parliament was controversial on two fronts. On the one hand, many white conservatives disliked the idea of non-whites participating in Parliament at all. The dispute was a factor in the creation of the Conservative Party
, a breakaway from the dominant National Party
. On the other hand, many coloureds and Asians rejected the system as a sham, saying that the chambers reserved for them were powerless.
The tricameral parliament was not particularly strong. The 1983 constitution significantly weakened the powers of parliament, and abolished the position of Prime Minister. Most authority was transferred to the State President
, including the ability to appoint the Cabinet. This was seen by many as an attempt to limit the power of coloureds and Indians — not only were the 'non-white' Houses of Parliament less powerful than the 'white' one, but parliament itself was subordinate to a white President.
, the South America
n revolutionary leader, included a tricameral legislature as part of his proposals for a model government. Bolívar described the three houses as follows:
Bolívar intended his model government to have a presidential system
, and so the tricameral parliament was not expected to govern. Bolívar was explicit that the legislature should not have an active role in administration — it merely made law and supervised other branches of government.
Despite Bolívar's huge influence in South America, no country employs his tricameral parliament. Early attempts to implement the model, such as in Bolivia
, were not successful, although the chaos of the period was likely a factor in this outcome.
States-General
as an example of a tricameral legislature. The States-General evolved gradually over time, and provided advice on various matters (including legislative issues) to the King. The three Estates were the simply labeled First (consisting of clergy
), Second (consisting of nobility
), and Third (consisting of commoner
s). (The term "fourth estate
", referring to the press, derives from this system, but was coined long after the revolution that abolished it.)
There are problems with regarding the States-General as a tricameral legislature, however. Firstly, the States-General never had any formal powers to legislate, although at times, it played a major role in the King's legislative activity. Secondly, the division between the three estates was not always maintained — the estates sometime deliberated separately, but at other times, they deliberated as a single body, undermining the idea of tricameralism.
(and later First French Empire
, although the lower two chambers were by then entirely without power) had a tricameral legislature, consisting of:
Whether the Sénat was part of legislature, however, is open to doubt, because Sieyès (the main instigator of the Consulate's Constitution and later president of this Senate) described it as belonging to an altogether different power beyond the executive, legislative and judiciary: the conservative power. In effect, Napoléon
made the Sénat into a political élite to back his power as Consul and later as Emperor, whereas the other two chambers were subdued into submission. In 1807, the Tribunat was definitely abolished.
of the Republic of China
(which is drafted according to the idea of Dr. Sun Yat-sen
), under the National Assembly
, there are five branches of government, named Yuan(院), which are: the Executive Yuan
, Legislative Yuan
, Judicial Yuan
, Examination Yuan
, and Control Yuan
.
The National Assembly represent the sovereignty
and all citizens, the Legislative Yuan is responsible to do the technical job of legislation
and the Control Yuan is the watchdog which monitors the government.
However, the constitution did not mention which is the parliament
of the country. Finally the Judicial Yuan decided that the National Assembly, Legislative Yuan, and Control Yuan resembled the parliament.
Originally, the Control Yuan was elected, but later become nominated by the President. After the suspension of the National Assembly, the Legislative Yuan became the current unicameral parliament
.
had three houses in Parlament (Sabor Socijalističke republike Hrvatske, now Hrvatski Sabor
): Socio-Political Council (Društveno-političko vijeće), Council of Municipalities (Vijeće općina) and Council of United Labor (Vijeće udruženog rada). This was abolished with new constitution in 1990.
, Tynwald
, is sometimes called tricameral, but this description is not universally accepted. The two commonly accepted houses of Tynwald are the House of Keys
and the Legislative Council, but according to some, the Tynwald Court (consisting of the members of both houses meeting together) counts as a third house. Others disagree, saying that as there are no members of the Court who are not also members of the other houses, the Court should not be considered separately (by comparison, in Australia, Switzerland and India deadlocks between the two Houses can sometimes be resolved by a joint sitting, but experts would not classify either of those countries as "tricameral").
of the Church of England
is sometimes described as tricameral. It is divided into a House of Bishop
s, the House of Clergy
and the House of Laity
. As the Church of England is the state church of England
, the Parliament of the United Kingdom
has given the General Synod the power (subject to veto) to make law relating to the Church.
However, a Diocesan Synod is not a tricameral institution. It is a bicameral institution, as it consists of the House of Laity
, who are directly elected by the parishes, and the House of Clergy
. The Bishop is not a member of either House, even though he is constitutionally a member of Synod.
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...
or parliamentary chambers. It is contrasted to unicameralism
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
and bicameralism
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
, both of which are far more common.
The term was used in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
to describe the Parliament
Parliament of South Africa
The Parliament of South Africa is South Africa's legislature and under the country's current Constitution is composed of the National Assembly and the National Council of Provinces....
established under the apartheid regime's new South African Constitution of 1983
South African Constitution of 1983
The Constitution of 1983 was South Africa's third constitution. It replaced the republican constitution that had been adopted when South Africa became a republic in 1961 and was in force for ten years before it was superseded by the Interim Constitution on 27 April 1994, which in turn led to the...
. Other instances of tricameral legislatures in history include Simón Bolívar
Simón Bolívar
Simón José Antonio de la Santísima Trinidad Bolívar y Palacios Ponte y Yeiter, commonly known as Simón Bolívar was a Venezuelan military and political leader...
's model state. The word could also describe the French Estates-General, which had three 'estates'.
South African tricameralism
In 1983, South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
's apartheid government put forward a constitution providing for a tricameral legislature. On 2 November, around seventy percent of the country's white population voted in favour of the changes — black South Africans were not consulted, and under the proposal they continued to be denied representation since in theory they were citizens of independent or autonomous bantustan
Bantustan
A bantustan was a territory set aside for black inhabitants of South Africa and South West Africa , as part of the policy of apartheid...
s.
The South African tricameral parliament consisted of three race-based chambers:
- House of Assembly — 178 members, reserved for whites
- House of Representatives — 85 members, reserved for ColouredColouredIn the South African, Namibian, Zambian, Botswana and Zimbabwean context, the term Coloured refers to an heterogenous ethnic group who possess ancestry from Europe, various Khoisan and Bantu tribes of Southern Africa, West Africa, Indonesia, Madagascar, Malaya, India, Mozambique,...
, or mixed-race, people - House of Delegates — 45 members, reserved for AsiansAsians in South AfricaThe majority of the Asian South African population is Indian in origin, most of them descended from indentured workers transported to work in the 19th century on the sugar plantations of the eastern coastal area, then known as Natal. They are largely English speaking, although many also retain the...
The creation of the tricameral parliament was controversial on two fronts. On the one hand, many white conservatives disliked the idea of non-whites participating in Parliament at all. The dispute was a factor in the creation of the Conservative Party
Conservative Party (South Africa)
The Conservative Party of South Africa was a conservative party formed in 1982 as a breakaway from the ruling National Party...
, a breakaway from the dominant National Party
National Party (South Africa)
The National Party is a former political party in South Africa. Founded in 1914, it was the governing party of the country from 4 June 1948 until 9 May 1994. Members of the National Party were sometimes known as Nationalists or Nats. Its policies included apartheid, the establishment of a...
. On the other hand, many coloureds and Asians rejected the system as a sham, saying that the chambers reserved for them were powerless.
The tricameral parliament was not particularly strong. The 1983 constitution significantly weakened the powers of parliament, and abolished the position of Prime Minister. Most authority was transferred to the State President
State President of South Africa
State President, or Staatspresident in Afrikaans, was the title of South Africa's head of state from 1961 to 1994. The office was established when the country became a republic in 1961, and Queen Elizabeth II ceased to be head of state...
, including the ability to appoint the Cabinet. This was seen by many as an attempt to limit the power of coloureds and Indians — not only were the 'non-white' Houses of Parliament less powerful than the 'white' one, but parliament itself was subordinate to a white President.
Bolívar's tricameralism
Simón BolívarSimón Bolívar
Simón José Antonio de la Santísima Trinidad Bolívar y Palacios Ponte y Yeiter, commonly known as Simón Bolívar was a Venezuelan military and political leader...
, the South America
South America
South America is a continent situated in the Western Hemisphere, mostly in the Southern Hemisphere, with a relatively small portion in the Northern Hemisphere. The continent is also considered a subcontinent of the Americas. It is bordered on the west by the Pacific Ocean and on the north and east...
n revolutionary leader, included a tricameral legislature as part of his proposals for a model government. Bolívar described the three houses as follows:
- Chamber of Tribunes, holding powers relating to government finance, foreign affairs, and war. The tribunes would, unlike the other two houses, be popularly elected.
- Senate, an apolitical body holding powers to enact law, supervise the judiciary, and appoint regional officials. Bolívar believed that the senate should be hereditary, saying that this was the only way to ensure its neutrality. There are parallels between Bolívar's Senate and other houses such as the BritishUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. - Censors, a group who would act as a check against the powers of the other two. Bolívar described them as "prosecuting attorneys against the government in defense of the Constitution and popular rights". He also said that they should ensure that the executive was functioning satisfactorily, perhaps having powers of impeachmentImpeachmentImpeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
.
Bolívar intended his model government to have a 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....
, and so the tricameral parliament was not expected to govern. Bolívar was explicit that the legislature should not have an active role in administration — it merely made law and supervised other branches of government.
Despite Bolívar's huge influence in South America, no country employs his tricameral parliament. Early attempts to implement the model, such as in Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, were not successful, although the chaos of the period was likely a factor in this outcome.
Ancien Régime
Some historians view the FrenchFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
States-General
French States-General
In France under the Old Regime, the States-General or Estates-General , was a legislative assembly of the different classes of French subjects. It had a separate assembly for each of the three estates, which were called and dismissed by the king...
as an example of a tricameral legislature. The States-General evolved gradually over time, and provided advice on various matters (including legislative issues) to the King. The three Estates were the simply labeled First (consisting of clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
), Second (consisting of nobility
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
), and Third (consisting of commoner
Commoner
In British law, a commoner is someone who is neither the Sovereign nor a peer. Therefore, any member of the Royal Family who is not a peer, such as Prince Harry of Wales or Anne, Princess Royal, is a commoner, as is any member of a peer's family, including someone who holds only a courtesy title,...
s). (The term "fourth estate
Fourth Estate
The concept of the Fourth Estate is a societal or political force or institution whose influence is not consistently or officially recognized. The Fourth Estate now most commonly refers to the news media; especially print journalism, referred to hereon as "The Press"...
", referring to the press, derives from this system, but was coined long after the revolution that abolished it.)
There are problems with regarding the States-General as a tricameral legislature, however. Firstly, the States-General never had any formal powers to legislate, although at times, it played a major role in the King's legislative activity. Secondly, the division between the three estates was not always maintained — the estates sometime deliberated separately, but at other times, they deliberated as a single body, undermining the idea of tricameralism.
Consulate
The French ConsulateFrench Consulate
The Consulate was the government of France between the fall of the Directory in the coup of 18 Brumaire in 1799 until the start of the Napoleonic Empire in 1804...
(and later First French Empire
First French Empire
The First French Empire , also known as the Greater French Empire or Napoleonic Empire, was the empire of Napoleon I of France...
, although the lower two chambers were by then entirely without power) had a tricameral legislature, consisting of:
- the Sénat conservateurSénat conservateurThe Sénat conservateur was a body set up in France during the Consulate by the Constitution of the Year VIII. With the Tribunat and the Corps législatif, it formed one of the three legislative assemblies of the Consulate...
(Conservative Senate), the highest chamber, whose duty was to guard the constitution, and which upon the consul's proposal could enact special laws known as sénatus-consultes, - the Corps législatifCorps législatifThe Corps législatif was a part of the French legislature during the French Revolution and beyond. It is also the generic French term used to refer to any legislative body.-History:The Constitution of the Year I foresaw the need for a corps législatif...
(Legislative body), successor to the DirectoireFrench DirectoryThe Directory was a body of five Directors that held executive power in France following the Convention and preceding the Consulate...
's Conseil des AnciensCouncil of AncientsThe Council of Ancients or Council of Elders was the upper house of the Directory , the legislature of France from 22 August 1795 until 9 November 1799, roughly the second half of the period generally referred to as the French Revolution.The Council of Ancients was the senior of the two halves of...
(upper house), which was to vote on laws without discussing them (or, after 1804, with only a strictly curtailed discussion), - the Tribunat, successor of the DirectoireFrench DirectoryThe Directory was a body of five Directors that held executive power in France following the Convention and preceding the Consulate...
's Conseil des Cinq CentsCouncil of Five HundredThe Council of Five Hundred , or simply the Five Hundred was the lower house of the legislature of France during the period commonly known as the Directory , from 22 August 1795 until 9 November 1799, roughly the second half of the period generally referred to as the...
(lower house), which was to discuss laws and only vote on whether to "recommend" them for the Corps législatif.
Whether the Sénat was part of legislature, however, is open to doubt, because Sieyès (the main instigator of the Consulate's Constitution and later president of this Senate) described it as belonging to an altogether different power beyond the executive, legislative and judiciary: the conservative power. In effect, Napoléon
Napoleon I of France
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
made the Sénat into a political élite to back his power as Consul and later as Emperor, whereas the other two chambers were subdued into submission. In 1807, the Tribunat was definitely abolished.
Republic of China tricameralism
According to the original ConstitutionConstitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...
of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(which is drafted according to the idea of Dr. Sun Yat-sen
Sun Yat-sen
Sun Yat-sen was a Chinese doctor, revolutionary and political leader. As the foremost pioneer of Nationalist China, Sun is frequently referred to as the "Father of the Nation" , a view agreed upon by both the People's Republic of China and the Republic of China...
), under the National Assembly
National Assembly of the Republic of China
The National Assembly of the Republic of China refers to several parliamentary bodies that existed in the Republic of China. The National Assembly was originally founded in 1913 as the first legislature in Chinese history, but was disbanded less than a year later as President Yuan Shikai assumed...
, there are five branches of government, named Yuan(院), which are: the Executive Yuan
Executive Yuan
The Executive Yuan is the executive branch of the government of the Republic of China , commonly known as "Taiwan".-Organization and structure:...
, Legislative Yuan
Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China .The Legislative Yuan is one of the five branches of government stipulated by the Constitution of the Republic of China, which follows Sun Yat-sen's Three Principles of the People...
, Judicial Yuan
Judicial Yuan
The Judicial Yuan is one of five branches of the government of the Republic of China in Taiwan and serves as the highest judicial organ in Republic of China. Its Justices of the Constitutional Court , with 15 members, is charged with interpreting the Constitution...
, Examination Yuan
Examination Yuan
The Examination Yuan is in charge of validating the qualification of civil servants in the Republic of China . It is one of the five government branches of the ROC government...
, and Control Yuan
Control Yuan
The Control Yuan , one of the five branches of the Republic of China government in Taipei, is an investigatory agency that monitors the other branches of government...
.
The National Assembly represent the sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
and all citizens, the Legislative Yuan is responsible to do the technical job of legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
and the Control Yuan is the watchdog which monitors the government.
However, the constitution did not mention which is the parliament
Parliament
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 , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the country. Finally the Judicial Yuan decided that the National Assembly, Legislative Yuan, and Control Yuan resembled the parliament.
Originally, the Control Yuan was elected, but later become nominated by the President. After the suspension of the National Assembly, the Legislative Yuan became the current unicameral parliament
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
.
Former Yugoslavia
The Socialist Republic of CroatiaSocialist Republic of Croatia
Socialist Republic of Croatia was a sovereign constituent country of the second Yugoslavia. It came to existence during World War II, becoming a socialist state after the war, and was also renamed four times in its existence . It was the second largest republic in Yugoslavia by territory and...
had three houses in Parlament (Sabor Socijalističke republike Hrvatske, now Hrvatski Sabor
Parliament of Croatia
The Parliament of Croatia or the Sabor is the unicameral representative body of the citizens of the Republic of Croatia and legislature of the country. Under the terms of the Croatian Constitution, represents the people and is vested with the legislative power...
): Socio-Political Council (Društveno-političko vijeće), Council of Municipalities (Vijeće općina) and Council of United Labor (Vijeće udruženog rada). This was abolished with new constitution in 1990.
Isle of Man
The parliament of the Isle of ManIsle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, Tynwald
Tynwald
The Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
, is sometimes called tricameral, but this description is not universally accepted. The two commonly accepted houses of Tynwald are the House of Keys
House of Keys
The House of Keys is the directly elected lower branch of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council....
and the Legislative Council, but according to some, the Tynwald Court (consisting of the members of both houses meeting together) counts as a third house. Others disagree, saying that as there are no members of the Court who are not also members of the other houses, the Court should not be considered separately (by comparison, in Australia, Switzerland and India deadlocks between the two Houses can sometimes be resolved by a joint sitting, but experts would not classify either of those countries as "tricameral").
Church of England
The General SynodGeneral Synod
-Church of England:In the Church of England, the General Synod, which was established in 1970 , is the legislative body of the Church.-Episcopal Church of the United States:...
of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
is sometimes described as tricameral. It is divided into a House of Bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s, the House of Clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
and the House of Laity
Laity
In religious organizations, the laity comprises all people who are not in the clergy. A person who is a member of a religious order who is not ordained legitimate clergy is considered as a member of the laity, even though they are members of a religious order .In the past in Christian cultures, the...
. As the Church of England is the state church of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, 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...
has given the General Synod the power (subject to veto) to make law relating to the Church.
However, a Diocesan Synod is not a tricameral institution. It is a bicameral institution, as it consists of the House of Laity
Laity
In religious organizations, the laity comprises all people who are not in the clergy. A person who is a member of a religious order who is not ordained legitimate clergy is considered as a member of the laity, even though they are members of a religious order .In the past in Christian cultures, the...
, who are directly elected by the parishes, and the House of Clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
. The Bishop is not a member of either House, even though he is constitutionally a member of Synod.