Definition of Legislative Power
Miscellanea / / July 04, 2021
By Cecilia Bembibre, in Jan. 2012
The legislative branch is one of the three branches, together with the Executive power and Judicial, which arise within a government, from the notion of division of powers wielded by various thinkers in the 18th century.
Power of a state that is responsible for projecting and enacting laws that regulate people's lives
This power is basically concerned with generating, devising, proposing, debating, or modifying provisions, laws and decrees that make up the normative body of a nation and as such they have the mission of regulating the economic and socio-political relations of a nation that has adopted the democracy as a system of government, because we must say that the division of powers is only viable in a democratic state, which accepts and submits without reluctance to the comptroller exercised by each power over the other.
Generally, this power is exercised by political leaders who have been elected by the sovereign people directly or indirectly through the vote.
Composed of representatives of the people because they are directly elected by popular vote
In other words, the legislators, as those who make up this power are called, are the direct representatives of the people, those that it chooses to exercise the aforementioned function of representing them through the planning and the enactment of laws that provide them well-being in every sense.
According to this notion of the division of powers, the exercise of power in a government should not be concentrated in a single person as was the case. with the absolutist monarchies of past times, if not that institutions should be created composed of representatives of the people who had their charge a specific activity and act as a counterweight to each other to prevent any of them from exceeding the others or concentrating too much can.
Usually, the three powers that arise from this idea are as we have already pointed out: the executive power (in charge of making decisions and executing them), the legislative power. (in charge of the functions of legislating and establishing legal regulations) and the judiciary (in charge of controlling and judging that these laws are implemented and fulfilled).
Composed of the chamber of senators and deputies
The legislative power is usually composed in most of the countries of the world of two chambers (that is to say, it is bicameral): the chamber of senators and the chamber of deputies.
Generally, one of these two houses is made up of more representatives and has less power than the house with fewer representatives.
In the case of many of the western countries, the house of deputies is the lower house and the one of senators the upper house.
Normally, treaties and draft law They begin in the Chamber of Deputies where they must be voted and approved and then go on to the Senate Chamber where they must also be voted and approved to become law.
If eventually the chamber of senators decides not to accept the bill, it returns to its starting place to be dealt with in a future period of time.
It is important to note that in many countries, for the law to be effective it has to be enacted by the executive branch.
Phases of the process of creating a law
Although there may of course be variants, most democratic nations with parliamentary representation follow the following process to create a law.
In the first instance, the proposal is presented through what is called a bill, you can involve a process of discussion and also receive contributions from other parties that have not been the promoters or ideologues.
Then, a debate on the project in question, which takes place in both chambers, and will also be subject to the various visions that make up them.
In this process, the project may undergo modifications, while, when there is consensus, its approval is voted.
Once it is approved, its validation by the executive branch remains, however, it will not be able to modify it or reject it, only promulgate it so that it is officially published in the corresponding bulletin and begins to be applied.
It is considered that the legislative power is perhaps the one that is closest to the people since all those who carry out their positions there are elected by the people.
In addition, the senators and deputies represent all the districts and regions of a country, for which the proportion is considered to be equitable and It is in this space that the issues to be resolved are discussed the most instead of being exercised by the decision of a single person as happens in the other two powers.
In a federal state, which is made up of a central power and associated states, such as provinces, each one of these has its own representatives in the Parliament or National Congress, thus fulfilling the federalism, since all the provinces have representatives who will propose projects that improve life in their districts.
Issues in Legislative Power