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Legislative council

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Alegislative council is thelegislature, or one of thelegislative chambers, of anation,colony, orsubnational division such as aprovince orstate. 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.

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 alegislative assembly orhouse of assembly). This resulted in either the abolition of the council to form a unicameral and wholly elected legislature (as done inNew Zealand in 1951,Southern Rhodesia in 1923,Singapore in 1955 andCeylon in 1931) or thedemocratisation of and a gradual decrease in powers exercised by the council, as done inIndia in 1919 and in Australian states throughout the twentieth century.

In the United States, a legislative council has a different connotation, and means acouncil within a legislature which supervises nonpartisan support staff.

History

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In theBritish Empire, the authority under which legislative councils have been constituted has varied: some under theroyal prerogative, others by acts ofparliament, and some bycommission androyal instructions.[1]

List of legislative councils

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Existing national legislative councils
CountryBodyTypeEstablishedNotes
Brunei DarussalamLegislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004
Hong KongLegislative CouncilUnicameral1843Established under theBritish Hong Kong era;Provisional Legislative Council 1997–98
Isle of ManLegislative CouncilUpper House
PalestineLegislative CouncilUnicameral1996
Saint HelenaLegislative CouncilUnicameral

In India, theVidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Existing sub-national legislative councils
CountryRegionBodyTypeEstablishedNotes
AustraliaNew South WalesLegislative CouncilUpper House1824Unicameral until 1856
AustraliaSouth AustraliaLegislative CouncilUpper House1840Unicameral until 1857
AustraliaTasmaniaLegislative CouncilUpper House1825Unicameral until 1856
AustraliaVictoriaLegislative CouncilUpper House1851Unicameral until 1856
AustraliaWestern AustraliaLegislative CouncilUpper House1832Unicameral until 1890
IndiaAndhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007
IndiaBiharLegislative CouncilUpper House1912Unicameral until 1920
IndiaKarnatakaLegislative CouncilUpper House1956
IndiaMaharashtraLegislative CouncilUpper House1960
IndiaTelanganaLegislative CouncilUpper House2014
IndiaUttar PradeshLegislative CouncilUpper House1935
VenezuelaZuliaLegislative CouncilUnicameral1864
Defunct national legislative councils
CountryBodyTypeEstablishedDisestablishedNotes
AdenLegislative CouncilUnicameral1947[2]
Antigua and BarbudaLegislative CouncilUnicameralEstablished under instructions to the governor
BahamasLegislative CouncilUnicameral1841[3]Letters patent
BarbadosLegislative CouncilUnicameral1963[4]Established under instructions to the governor
 BasutolandLegislative CouncilUnicameral1960[5]Established under instructions to the governor
Bechuanaland ProtectorateLegislative CouncilUnicameral19611965
BermudaLegislative CouncilBicameral16121980Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established underRoyal Charters to theLondon Company in 1606, 1609, and 1612, and to theSomers Isles Company in 1615, transmitted via theGovernor. Elected lowerHouse of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into anExecutive Council and a Legislative Council. Colonial legislature was updated to theWestminster 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 theSenate 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]
British ColumbiaLegislative CouncilUnicameral18671871
British GuianaLegislative CouncilUnicameral19281961Established by an act of parliament; abolished between 1953 and 1954.
British HondurasLegislative CouncilUnicameral1853[3]Established under instructions to the governor
British IndiaImperial Legislative CouncilBicameral18611947Unicameral until 1920
British Virgin IslandsLegislative CouncilUnicameral1867[3]2007
BurmaLegislative CouncilUnicameral18971936
CeylonLegislative CouncilUnicameral18331931Established under the prerogative
CyprusLegislative CouncilUnicameralEstablished under the prerogative
DominicaLegislative CouncilUnicameral1832[3]Established by an act of parliament
Falkland IslandsLegislative CouncilUnicameral18452009Established under the British Settlements Act, 1843
FijiLegislative CouncilUnicameralEstablished under the prerogative
GambiaLegislative CouncilUnicameral1843[3]Established under the British Settlements Act, 1843
GibraltarLegislative CouncilUnicameral19501969
Gold CoastLegislative CouncilUnicameralEstablished under the British Settlements Act, 1843
JamaicaLegislative CouncilUnicameral1866[3]
KenyaLegislative CouncilUnicameral19071963Established under the British Settlements Act, 1843
United KingdomLower CanadaLegislative CouncilUpper House17911841
MalayaFederal Legislative CouncilUnicameral19481957
MaltaLegislative CouncilUnicameralEstablished under the prerogative
ManchukuoLegislative CouncilUnicameral19341945Puppet state of theEmpire of Japan
Mandatory PalestineLegislative CouncilUnicameral19221923
MauritiusLegislative CouncilUnicameralEstablished under the prerogative
MontserratLegislative CouncilUnicameral2011Established under instructions to the governor
New ZealandLegislative CouncilUpper House18411950Unicameral until 1853
NewfoundlandLegislative CouncilUpper House18331934
NigeriaLegislative CouncilUnicameralEstablished under the prerogative
Northern RhodesiaLegislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
NyasalandLegislative CouncilUnicameral1907Established under the Foreign Jurisdiction Act, 1843
Papua New GuineaLegislative CouncilUnicameral19511963
PortugalPortuguese GuineaLegislative CouncilUnicameral19631972Became theLegislative Assembly
PortugalPortuguese West AfricaLegislative CouncilUnicameral19221972Abolished between 1926 and 1955
United KingdomProvince of CanadaLegislative CouncilUpper House18411867
RomaniaLegislative CouncilConsultative19231948Established under Article 76 of the1923 Constitution and retained under Article 72 of the1938 Constitution
St Kitts-Nevis-AnguillaLegislative CouncilUnicameral1832[3]Established under instructions to the governor
St LuciaLegislative CouncilUnicameral18321967[7]Established under the prerogative
St VincentLegislative CouncilUnicameralEstablished by an act of parliament
SeychellesLegislative CouncilUnicameral19621970Established under the prerogative
Sierra LeoneLegislative CouncilUnicameralEstablished under the British Settlements Act, 1843
Solomon IslandsLegislative CouncilUnicameral19601970
Southern RhodesiaLegislative CouncilUnicameral18981923Established under the prerogative
Straits SettlementsLegislative CouncilUnicameral1866Established by an act of parliament
SingaporeLegislative CouncilUnicameral19461953
SwazilandLegislative CouncilUnicameral19641967Established in the Constitution of 1964
Trinidad and TobagoLegislative CouncilUnicameral19251961Established under the prerogative
TanganyikaLegislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
Turks and Caicos IslandsLegislative CouncilUnicameral2006
UgandaLegislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act, 1843
United KingdomUpper CanadaLegislative CouncilUpper House17911841
ZaireLegislative CouncilUnicameral19721990
Defunct sub-national legislative councils
CountryRegionBodyTypeEstablishedDisestablishedNotes
AustraliaQueenslandLegislative CouncilUpper House18601922
British IndiaBengalLegislative CouncilUpper House18611947Unicameral until 1937
British IndiaEastern Bengal and AssamLegislative CouncilUnicameral19061912
CanadaManitobaLegislative CouncilUpper House18701876First province to eliminate upper chamber.
CanadaNew BrunswickLegislative CouncilUpper House17851891
CanadaNova ScotiaLegislative CouncilUpper House18381928
CanadaPrince Edward IslandLegislative CouncilUpper House17731893
CanadaQuebecLegislative CouncilUpper House18671968Last province to eliminate upper chamber.
IndiaAssamLegislative CouncilUpper House19351969
IndiaBombayLegislative CouncilUpper House18611960Unicameral until 1935
IndiaCochinLegislative CouncilUnicameral19251949
IndiaJammu and KashmirLegislative CouncilUpper House19572019
IndiaMadhya PradeshLegislative CouncilUpper House19561969
IndiaPunjabLegislative CouncilUpper House19561969
IndiaTamil NaduLegislative CouncilUpper House19561986
IndiaWest BengalLegislative CouncilUpper House19521969
United StatesDelawareLegislative CouncilUpper House17761792
United StatesFlorida TerritoryLegislative CouncilBicameral18221845
United StatesNew JerseyLegislative CouncilUpper House17761844
United StatesSouth CarolinaLegislative CouncilUpper House17761778

United States

[edit]

InAmerican 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.[8] The concept of the legislative council was first developed inKansas and was implemented by theKansas Legislature in 1933.[8][9] Eventually, a majority ofU.S. states adopted legislative councils, but under a variety of names.[8] Between 1933 and 1959, at least 32 states had legislative councils.[9]

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 inThe Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited byMargery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).
  2. ^Office, Great Britain Colonial (1954).Colonial Reports Report on Aden.
  3. ^abcdefgThe 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. ^"The Senate | BARBADOSPARLIAMENT.COM".www.barbadosparliament.com. Retrieved10 May 2024.
  5. ^"Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968".Library of Congress, Washington, D.C. 20540 USA.
  6. ^"General Information".Bermuda Parliament. Government of Bermuda. Retrieved6 August 2021.
  7. ^"Saint Lucia - Access Government".Saint Lucia - Access Government.
  8. ^abcTeaford, Jon C. (2002).The Rise of the States: Evolution of American State Government. Baltimore: The Johns Hopkins University Press. pp. 153–157.ISBN 9780801868894. Retrieved25 August 2014.
  9. ^abDavey, 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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