Overview of the External Organisational Structure of Parliaments

1.1.1 Historical Context and Function

This section deals with the external organisational structure of parliaments which have developed over time in different parts of the world.

Historical and comparative considerations lead to the assumption that two models of organisational—societal or territorial—representation dominate in constitutional reality: monocameral and bicameral systems. The theoretical legitimation for monocameral systems is based on the assumption that the will of the “nation” or the people is represented in a unitary chamber (“unite de la nation” since the French Revolution) whereas bicameral or multicameral parliaments reflect aspects of inter­nal separation of legislative powers or a “mixed government”.¹ These have histori­cally developed like in Great Britain the House of Lords as a chamber of the aristocracy (peers) or as the representation of specific societal or professional interests (e.g. the Senate in Ireland). However, today—and historically—

An introductory video can be found on www.writingconstitutions.com.

Supplementary Information The online version contains supplementary material available at [https://doi.org/10.1007/978-3-030-94602-9_1].

¹Weber (2019), p. 441; Martinez (2012), p. 561. ^{[23] [24]}

Fig. 1.1 Structural approach when drafting a parliamentary set-up

bicameralism is mainly rooted in the territorial separation of powers in regional and federal states (vertical separation of powers).^{[25] [26]}

Bicameral systems are sometimes preferred as they may better solve historical- political conflicts and antagonisms (e.g.

Multicameral systems however are relatively rare in constitutional history (e.g. the French constitution VIII/1799, Bolivia 1826) or had specific reasons of “socialist self-administration” like in the former Federal Socialist Republic of Yugoslavia (up to five chambers on federal and state level).³ Some countries such as Uzbekistan have opted to create a second chamber (Senate), others like the Republic of Georgia envisage for a long time to do so when the territorial reunifica­tion of the country was achieved and then settled for the well-functioning unicameral parliament. Croatia is an example of a country which decided to abandon its upper chamber in 2001 after an intense discussion;^[27] the Czech Republic decided to keep its upper house in 1996 even though it appears to remain unsupported by parts of the population.

1.1.2 Structural Approach

In Fig. 1.1, the recommended structural approach is set out.

1.2