Legislative council

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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 and may use those letters as a post-nominal.

A legislative council was generally the first legislative body of a British colony, with members who were all appointed by the viceregal representative (who also presided over the council). Gradually, with the passage of time and increasing levels of self-governance, legislative councils were supplemented by a lower, elected chamber (often called a legislative assembly or house of assembly). This resulted in either the abolition of the council to form a unicameral and wholly elected legislature (as was done in Southern Rhodesia in 1923, Ceylon in 1931, New Zealand in 1951, and Singapore in 1955) or the democratisation of and a gradual decrease in powers exercised by the council, as done in India in 1919 and in some Australian states throughout the twentieth century.

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 (that is, the Parliament at Westminster), and some by commission and royal instructions.[1]

List of legislative councils

Existing national legislative councils
Country Body Type Established Notes
File:Flag of Brunei.svg Brunei Darussalam Legislative Council Unicameral 1959 Suspended in 1984, reconvened in 2004
File:Flag of Hong Kong.svg Hong Kong Legislative Council Unicameral 1843 Established under the British Hong Kong era; Provisional Legislative Council 1997–98
File:Flag of the Isle of Man.svg Isle of Man Legislative Council Upper House
File:Flag of Palestine.svg Palestine Legislative Council Unicameral 1996
File:Flag of Saint Helena.svg Saint Helena Legislative Council Unicameral

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
File:Flag of Australia (converted).svg Australia New South Wales Legislative Council Upper House 1824 Unicameral until 1856
File:Flag of Australia (converted).svg Australia South Australia Legislative Council Upper House 1840 Unicameral until 1857
File:Flag of Australia (converted).svg Australia Tasmania Legislative Council Upper House 1825 Unicameral until 1856
File:Flag of Australia (converted).svg Australia Victoria Legislative Council Upper House 1851 Unicameral until 1856
File:Flag of Australia (converted).svg Australia Western Australia Legislative Council Upper House 1832 Unicameral until 1890
File:Flag of India.svg India Andhra Pradesh Legislative Council Upper House 1958 Abolished between 1985 and 2007
File:Flag of India.svg India Bihar Legislative Council Upper House 1912 Unicameral until 1920
File:Flag of India.svg India Karnataka Legislative Council Upper House 1956
File:Flag of India.svg India Maharashtra Legislative Council Upper House 1960
File:Flag of India.svg India Telangana Legislative Council Upper House 2014
File:Flag of India.svg India Uttar Pradesh Legislative Council Upper House 1935
File:Flag of Venezuela.svg Venezuela Zulia Legislative Council Unicameral 1864
Defunct national legislative councils
Country Body Type Established Disestablished Notes
File:Flag of Aden (1937–1963).svg Aden Legislative Council Unicameral 1947[2]
File:Flag of Antigua and Barbuda (1956–1962).svg Antigua and Barbuda Legislative Council Unicameral Established under instructions to the governor
File:Flag of the Bahamas (1953–1964).svg Bahamas Legislative Council Unicameral 1841[3] Letters patent
File:Flag of Barbados (1870–1966).svg Barbados Legislative Council Unicameral 1963[4] Established under instructions to the governor
  Basutoland Legislative Council Unicameral 1960[5] Established under instructions to the governor
File:Flag of the United Kingdom (1-2).svg Bechuanaland Protectorate Legislative Council Unicameral 1961 1965
File:Flag of Bermuda.svg Bermuda Legislative Council Bicameral 1612 1980 Originally 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]
File:Flag of British Columbia.svg British Columbia Legislative Council Unicameral 1867 1871
File:Flag of British Guiana (1955–1966).svg British Guiana Legislative Council Unicameral 1928 1961 Established by an act of Parliament, the British Guiana Act 1928; abolished between 1953 and 1954.
File:Flag of British Honduras (1919–1981).svg British Honduras Legislative Council Unicameral 1853[3] Established under instructions to the governor
File:British Raj Red Ensign.svg British India Imperial Legislative Council Bicameral 1861 1947 Unicameral until 1920
File:Flag of the British Virgin Islands.svg British Virgin Islands Legislative Council Unicameral 1867[3] 2007
File:British Burma 1937 flag.svg Burma Legislative Council Unicameral 1897 1936
File:Flag of Ceylon (1875–1948).svg Ceylon Legislative Council Unicameral 1833 1931 Established under the prerogative
File:Blue Ensign of Cyprus (1922).svg Cyprus Legislative Council Unicameral Established under the prerogative
File:Flag of Dominica (1955–1965).svg Dominica Legislative Council Unicameral 1832[3] Established by an act of Parliament[which?]
File:Flag of the Falkland Islands.svg Falkland Islands Legislative Council Unicameral 1845 2009 Established under the British Settlements Act 1843
File:Flag of Fiji.svg Fiji Legislative Council Unicameral Established under the prerogative
File:Flag of The Gambia (1889–1965).svg Gambia Legislative Council Unicameral 1843[3] Established under the British Settlements Act 1843
File:Flag of Gibraltar.svg Gibraltar Legislative Council Unicameral 1950 1969
File:Flag of the Gold Coast (1877–1957).svg Gold Coast Legislative Council Unicameral Established under the British Settlements Act 1843
File:Flag of Grenada (1903–1967).svg Grenada Legislative Council Unicameral 1924[7] Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
File:Flag of Jamaica (1957–1962).svg Jamaica Legislative Council Unicameral 1866[3]
File:Flag of Kenya (1921–1963).svg Kenya Legislative Council Unicameral 1907 1963 Established under the British Settlements Act 1843
Template:Flagicon Lower Canada Legislative Council Upper House 1791 1841
File:Flag of Malaya (1950–1963).svg Malaya Federal Legislative Council Unicameral 1948 1957
File:Flag of Malta (1943–1964).svg Malta Legislative Council Unicameral Established under the prerogative
File:Flag of Manchukuo.svg Manchukuo Legislative Council Unicameral 1934 1945 Puppet state of the Empire of Japan
File:Flag of the United Kingdom (1-2).svg Mandatory Palestine Legislative Council Unicameral 1922 1923
File:Flag of Mauritius (1923–1968).svg Mauritius Legislative Council Unicameral Established under the prerogative
File:Flag of Montserrat.svg Montserrat Legislative Council Unicameral 2011 Established under instructions to the governor
File:Flag of New Zealand.svg New Zealand Legislative Council Upper House 1841 1950 Unicameral until 1853
File:Flag of Newfoundland (1904–1949).svg Newfoundland Legislative Council Upper House 1833 1934
File:Flag of Nigeria (1914–1952).svg Nigeria Legislative Council Unicameral Established under the prerogative
File:Flag of Northern Rhodesia (1939–1964).svg Northern Rhodesia Legislative Council Unicameral Established under the Foreign Jurisdiction Act 1843
File:Flag of Nyasaland (1925–1953, 1963–1964).svg Nyasaland Legislative Council Unicameral 1907 Established under the Foreign Jurisdiction Act 1843
File:Flag of the Territory of New Guinea.svg Papua New Guinea Legislative Council Unicameral 1951 1963
Template:Flagicon Portuguese Guinea Legislative Council Unicameral 1963 1972 Became the Legislative Assembly
Template:Flagicon Portuguese West Africa Legislative Council Unicameral 1922 1972 Abolished between 1926 and 1955
Template:Flagicon Province of Canada Legislative Council Upper House 1841 1867
File:Flag of Romania.svg Romania Legislative Council Consultative 1923 1948 Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
File:Flag of St Christopher Nevis Anguilla.svg St Kitts-Nevis-Anguilla Legislative Council Unicameral 1832[3] Established under instructions to the governor
File:Flag of Saint Lucia (1939–1967).svg St Lucia Legislative Council Unicameral 1832 1967[8] Established under the prerogative
File:Flag of Saint Vincent and the Grenadines (1907-1979).svg St Vincent Legislative Council Unicameral 1924[7] Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
File:Flag of Seychelles (1903–1961).svg Seychelles Legislative Council Unicameral 1962 1970 Established under the prerogative
File:Flag of Sierra Leone 1916-1961.gif Sierra Leone Legislative Council Unicameral Established under the British Settlements Act 1843
File:Flag of the Solomon Islands (1956–1966).svg Solomon Islands Legislative Council Unicameral 1960 1970
File:Flag of Southern Rhodesia (1924–1964).svg Southern Rhodesia Legislative Council Unicameral 1898 1923 Established under the prerogative
File:Flag of the British Straits Settlements (1925–1946).svg Straits Settlements Legislative Council Unicameral 1867 Established by an act of Parliament, the Straights Settlement Act 1866, and letters patent of 4 February 1867.
File:Flag of Singapore (1946–1952).svg Singapore Legislative Council Unicameral 1946 1953
Template:Country data Swaziland Legislative Council Unicameral 1964 1967 Established in the Constitution of 1964
File:Flag of Trinidad and Tobago (1889–1958).svg Trinidad and Tobago Legislative Council Unicameral 1925 1961 Established under the prerogative
Template:Country data Tanganyika Legislative Council Unicameral Established under the Foreign Jurisdiction Act 1843
File:Flag of the Turks and Caicos Islands.svg Turks and Caicos Islands Legislative Council Unicameral 2006
File:Flag of the Uganda Protectorate.svg Uganda Legislative Council Unicameral 1920 1962 Established under the Foreign Jurisdiction Act 1843
Template:Flagicon Upper Canada Legislative Council Upper House 1791 1841
File:Flag of Zaire (1971–1997).svg Zaire Legislative Council Unicameral 1972 1990
Defunct sub-national legislative councils
Country Region Body Type Established Disestablished Notes
File:Flag of Australia (converted).svg Australia Queensland Legislative Council Upper House 1860 1922
File:British Raj Red Ensign.svg British India Bengal Legislative Council Upper House 1861 1947 Unicameral until 1937
File:British Raj Red Ensign.svg British India Eastern Bengal and Assam Legislative Council Unicameral 1906 1912
File:Canadian Red Ensign (1868–1921).svg Canada Manitoba Legislative Council Upper House 1870 1876 First province to eliminate upper chamber.
File:Canadian Red Ensign (1868–1921).svg Canada New Brunswick Legislative Council Upper House 1785 1891
File:Canadian Red Ensign (1921–1957).svg Canada Nova Scotia Legislative Council Upper House 1838 1928
File:Canadian Red Ensign (1868–1921).svg Canada Prince Edward Island Legislative Council Upper House 1773 1893
File:Flag of Canada (Pantone).svg Canada Quebec Legislative Council Upper House 1867 1968 Last province to eliminate upper chamber.
File:Flag of India.svg India Assam Legislative Council Upper House 1935 1969
File:Flag of India.svg India Bombay Legislative Council Upper House 1861 1960 Unicameral until 1935
File:Flag of India.svg India Cochin Legislative Council Unicameral 1925 1949
File:Flag of India.svg India Jammu and Kashmir Legislative Council Upper House 1957 2019
File:Flag of India.svg India Madhya Pradesh Legislative Council Upper House 1956 1969
File:Flag of India.svg India Punjab Legislative Council Upper House 1956 1969
File:Flag of India.svg India Tamil Nadu Legislative Council Upper House 1956 1986
File:Flag of India.svg India West Bengal Legislative Council Upper House 1952 1969
File:Flag of the United States.svg United States Delaware Legislative Council Upper House 1776 1792
File:Flag of the United States.svg United States Florida Territory Legislative Council Bicameral 1822 1845
File:Flag of the United States.svg United States New Jersey Legislative Council Upper House 1776 1844
File:Flag of the United States.svg United States South Carolina Legislative Council Upper House 1776 1778

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.[9] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933.[9][10] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names.[9] Between 1933 and 1959, at least 32 states had legislative councils.[10]

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

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References

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  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. ^ Page Module:Citation/CS1/styles.css has no content.Office, Great Britain Colonial (1954). Colonial Reports Report on Aden.
  3. ^ a b c d e f g Page Module:Citation/CS1/styles.css has no content.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. ^ Page Module:Citation/CS1/styles.css has no content."The Senate | BARBADOSPARLIAMENT.COM". www.barbadosparliament.com. Retrieved 10 May 2024.
  5. ^ Page Module:Citation/CS1/styles.css has no content."Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968". Library of Congress, Washington, D.C. 20540 USA.
  6. ^ Page Module:Citation/CS1/styles.css has no content."General Information". Bermuda Parliament. Government of Bermuda. Retrieved 6 August 2021.
  7. ^ a b Page Module:Citation/CS1/styles.css has no content."Statutory Rules and Orders Other Than Those of a Local, Personal, Or Temporary Character". H.M. Stationery Office. 1935.
  8. ^ Page Module:Citation/CS1/styles.css has no content."Saint Lucia - Access Government". Saint Lucia - Access Government.
  9. ^ a b c Page Module:Citation/CS1/styles.css has no content.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.
  10. ^ a b Page Module:Citation/CS1/styles.css has no content.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.
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