Cristina Leston-Bandeira, University of Leeds
@estrangeirada
For parliamentary geeks out there, this is a recurrent discussion: parliament or legislature? Which term is the ‘right’ term to use? Which one reflects the true nature of the institution that embodies the representative and legislative branch in a political system. I suggest we should relax more about the exact term and instead acknowledge their differing origins and meanings, whilst recognising the diversity of terms out there – assemblies, councils etc. After all, words are imbued with our own culture and history – why should it be any different with the word used to refer to this institution?
A while ago I started working on a textbook about comparative legislatures – unfortunately, life was a bit too mad at the time and I couldn’t bring it to fruition (maybe a retirement project?). But, as part of Chapter 1, I actually completed some research on the names and history of development of legislatures (or is it parliaments?). Here are some notes from that research.
The institution supporting the representative and legislative branch of governance has been known by different names across the world and over time. This is often associated with local culture and language, but can also indicate a focus on a particular function to the detriment of others. The terms ‘legislature’ and ‘parliament’ are the most commonly used generic terms and are regularly used inter-changeably – they have, however, different origins and refer to different functions. In short, legislature is North American originally and refers to the function of making law. Parliament has European origin and refers to the function of debating.
The term ‘legislature’ tends to be more ordinarily used in Anglo-Saxon environments and/or countries with a strong American influence. The development of this term is closely associated with the expansion of the nascent American colonial legislatures. As their expansion in a context of independence was closely associated to the right of making law, the label of “legislature” – to legislate, to make ‘legis’(law) – became the natural appellation of these institutions. It is therefore a term linked to American influence, but also to an understanding of this institution as a legislation-making body.
The term ‘parliament’ however is more common in Europe and in environments with a strong European influence. The term comes from the French verb ‘parler’ – to speak, to discuss. It refers therefore to a different dimension of this institution: as an arena for debate. As we see below, the medieval parliaments were mainly gatherings for discussion, and the term parliament is associated with these. This term can be dated back to medieval times in Europe, being therefore the most well-established nomenclature for this institution.
Other common names include Assembly (often National Assembly and associated with the need to reaffirm the national sovereignty of the people), Congress (usually encompassing a lower and an upper chamber), Chamber (Chamber of Representatives, Chamber of Deputies, etc, encompassing an explicit reference to the primacy of the role played by the Plenum chamber), Council, House and Senate (a popular name for upper chambers). But many parliaments also have their own country specific names, such as Althingi (Iceland), Bundestag (Germany), Diet (Japan), Majlis (Saudi Arabia and other Islamic countries), Sabha (India) and Sejm (Poland). And some of these names refer instead to the idea of ‘gatherings’, ‘coming together’, or even ‘events’, which speak to other types of functions performed by these institutions but are also a nod to the way they developed from ad-hoc gatherings to permanent institutions.
Legislatures are not a new feature of our societies, they have existed for many centuries. What is specific to the modern parliament is its complexity of membership and of roles performed, and the way it is integrated nationally in the governance fabric of our societies. It is difficult to date exactly when the first parliaments existed, as this is closely related to how one defines a legislature plus the linkage of the institution with its place (are legislatures that have changed location and/or building, the same legislature, for example?). Besides this, the development of legislatures is often conflated with the development of democracy and/or representative government. Although related, they are not necessarily the same. There are plenty of examples of legislatures, still today, that have little resemblance to democracy or representative government.
The definition of a parliament, in its basic form, can be summed up as a group of people meeting together at the same time and location (even if digital) to discuss matters that affect the collective of a community. This may simply constitute a discussion and not lead to an effective decision or a vote. Some identify the medieval legislatures as the first ones, other point to the Greek assemblies (with associated myths: the Icelandic Althingi, the Isle of Man Tynwald, England for Westminster, etc.). The first legislatures were mainly forums for discussion, whereby people would meet to discuss key issues of the day. The abiding power of these forums to make decisions or to simply consult and discuss varied considerably, across the ages and contexts.
Whilst the ancient Athenian Agora is the most well-known early assembly-like institution, this was by no means an exceptional institution. Other assemblies existed already at the time across ancient Greece. Most operated as public spaces for discussion, open to whoever wish to join the debate. Some assemblies had deliberative powers and decisions would be voted upon, though the power to vote would be limited to male citizens who attended the respective meeting. There is also evidence of much earlier presence of assemblies in the Indian sub-continent, in the Vedic age, meaning circa 3000-1000 BC, which exercised considerable influence. The Roman era also includes many types of early institutional expressions of a legislature in the form of councils, assemblies and, of course, the well-known Senate, which was particularly powerful during the Roman Republic. These legislatures varied very considerably in composition, participation, role and powers across the different Roman regimes. Some involved direct democracy participation, some had legislative powers, some were simple forums for discussion of local issues. A common characteristic of all of these different types of legislatures is their transient nature and, in most cases, lack of national remit.
It is from the medieval legislatures, though, that we can identify a clearer path of development towards the institution of the modern parliament. Many authors date the creation of the first parliaments in the 13 century and place it in England, with the De Monfort Parliament in 1265, seen as the first expression of a national legislature. But this development is progressive, representing the culmination of the expansion of smaller scale assemblies. It is also a process present elsewhere in Europe. The first parliaments were born out of a need of Monarchs to negotiate with the members of their aristocracy, and of increasingly larger territories under their ruling. As territories under one Monarch became larger and the need for taxation became a more complex task, the need to negotiate terms with local Barons and other aristocracy representatives became all the more pressing. As the context and environment of those negotiations became more formal and regular, the beginnings of the notion of a parliament started to materialise.
In his detailed comparative analysis of medieval parliaments in Europe, Marongiu shows that the predecessors of the modern parliament – curia, courts, concilia, estates – were developed firstly as occasional public relations reunions, which were “summoned by sovereigns whenever it seemed opportune to ask [secular and ecclesiastical dignitaries] counsel or opinion” (Marongiu, 1968: 45). As these reunions became more regular and larger, their relevance and formality expanded eventually leading to the new parlamentums. The first parliaments were therefore about communication and public relations. But as parliaments became institutionalised and part of a national governance chain, their focus shifted to the relationship with the executive and to the function of legislating.
I’m European, so parliament feels like the most natural word to use. My first language was French (parlement), my second language Portuguese (parlamento) and my third one is English (parliament). So parliament it is; that doesn’t mean I don’t use the term legislatures and I’m perfectly relaxed about using the term, as my recent article with David Judge shows; I’d probably rarely use the term ‘legislators’, but understand where North American colleagues come from when they do. So rather than worrying about what is the right term (whilst ignoring the many other terms that exist, such as Assemblies), it may simply be best to accept both. Or indeed adapt and create new words, as Brazilians have done: by adapting the American legislature word and meaning, they created ‘the legislative’ as a noun – o legislativo – which does not exist in European Portuguese as a noun. Ultimately words simply reflect their history and culture, there is no right or wrong, it’s about what each means, the same with parliament (or is it legislature?).
If you want to find out more about it all, I really recommend the following:
Loewenberg, G. and Patterson, S. (1979), Comparing Legislatures, University Press of America.
Marongiu, A. (1968), Medieval Parliaments – a comparative study, Eyre and Spottiswoode.
