Asenate is adeliberative assembly, often theupper house orchamber of abicamerallegislature. The name comes from theancientRoman Senate (Latin:Senatus), so-called as an assembly of the senior (Latin:senex meaning "the elder" or "old man") and therefore considered wiser and more experienced members of thesociety orruling class. However the Roman Senate was not the ancestor or predecessor of modern parliamentarism in any sense, because the Roman senate was not a de jurelegislative body.[1]
Many countries have an assembly named asenate, composed ofsenators who may beelected, appointed, haveinherited the title, or gained membership by other methods, depending on the country. Modern senates typically serve to provide a chamber of "sober second thought" to considerlegislation passed by alower house, whose members are usually elected. Most senates have asymmetrical duties and powers compared with their respective lower house meaning they have special duties, for example to fill important political positions or to pass special laws. Conversely many senates have limited powers in changing or stopping bills under consideration and efforts to stall or veto a bill may be bypassed by the lower house or another branch of government.[2]
The modern wordsenate is derived from theLatin wordsenātus (senate), which comes fromsenex, 'elder man'.[3] A member or legislator of a senate is calledsenator. The Latin wordsenator was adopted into English withno change in spelling. Its meaning is derived from a very ancient form of social organization, in which advisory or decision-making powers are reserved for the eldest men. For the same reason, the wordsenate is correctly used when referring to any powerful authority characteristically composed by the eldest members of a community, as a deliberative body of a faculty in an institution of higher learning is often called a senate. This form of adaptation was used to show the power of those in body and for the decision-making process to be thorough, which could take a long period of time. The original senate was theRoman Senate, which lasted until at least CE 603,[4] although various efforts to revive it were made in Medieval Rome. In theEastern Roman Empire, theByzantine Senate continued until theFourth Crusade, circa 1202–1204. The female formsenatrix also existed.
Senate membership can be determined either through elections or appointments. For example, elections are held every three years for half the membership of theSenate of the Philippines, the term of a senator being six years.[6] In contrast, members of theCanadian Senate are appointed by theGovernor General upon the recommendation of thePrime Minister of Canada, holding the office until they resign, are removed, or retire at the mandatory age of 75.
In a number of cities which were former members of theHanse (a medieval confederacy of port cities mainly at the shores of the Baltic Sea and the North Sea), such asGreifswald,Lübeck,Rostock,Stralsund, orWismar, the city government is also called a Senate. However, inBavaria, the Senate was a second legislative chamber until its abolition in 1999.
In German jurisprudence:
The term Senat (senate) in highercourts of appeal refers to the "bench" in its broadermetonymy meaning, describing members of thejudiciary collectively (usually fivejudges), often occupied with a particularsubject-matter jurisdiction. However, the judges are not called "senators". The German termStrafsenat (literally "Penal Senate") in a German court translates toBench ofpenal-law jurisdiction andZivilsenat (literally "Civil Senate") toBench ofprivate-law jurisdiction. TheFederal Constitutional Court of Germany consists of two senates of eight judges each. In its case the division is mostly of an organizational nature, as a matter of dividing the work load; both senates handle the same kind of constitutional cases. At some points in the past, one senate was considered more conservative and the other more liberal, but that is not the case as of 2011.
In some, mostly federal countries with a unicameral legislature, some of the legislators are elected differently from the others and are called senators. In federal countries, such senators represent the territories, while the other members represent the people at large (this device is used to allow a federal representation without having to establish a bicameral legislature); this is the case withSt. Kitts and Nevis,Comoros andMicronesia. In other, non-federal countries, the use of the termsenator marks some other difference between such members and the rest of the legislators (such as the method of selection); this is the case withDominica'sHouse of Assembly and theSaint VincentHouse of Assembly. Until2022, this was also the case in theStates of Jersey.[8]
^AGreek Senate was reestablished in 1927, and abolished again in 1935.
^The Kenyan Senate and House of Representatives were combined into a single National Assembly, under the 2010 Constitution, the Senate is the upper house, with the National Assembly becoming the lower house.
^A South African Senate was reconvened between 1994 and 1997, before being replaced by theNational Council of Provinces.
^TheControl Yuan existed as a parliamentary body in the1947 Chinese constitution which were elected by provincial legislators for a duration of 6 years. After theChinese Civil War, the government was transferred to Taiwan. In the constitutional reforms of the 1990s, the Control Yuan is now a purely auditory body, and its 29 members are nominated by the president, and confirmed by the Legislative Yuan for a duration of 6 years. Since 2005, theLegislative Yuan is now the nation's sole parliamentary body.
^abcThe Philippine Senate was abolished and restored twice. A new constitution in 1935 abolished the Senate but an amendment in 1941 restored it in 1945. In 1972, Congress was prevented from convening, and a passage of a new constitution in 1973 confirmed the abolition of the Senate; an approval of a new constitution in 1987 restored it.
^The1841 Constitution of the Republic of El Salvador established a bicameral legislature with a Chamber of Deputies and a Senate. The 1886 constitution replaced the bicameral legislature with a unicameral one.[10]