Lesson 11: Legislation and Assemblies



EXECUTIVE VS ASSEMBLY



EXECUTIVE

ASSEMBLY

Possess relatively great power

Possess relatively great power

Overshadowed by a more (supposedly) important presence

Overshadowed by a more (supposedly) important presence

Has the power to move freely

Has the power to move freely

Is arguably the most important piece

Is arguably the most important branch of the government



LEGISLATION / ASSEMBLIES

  • It is sometimes called ‘parliaments’ or ‘legislatures’; other terms include congress, house of representatives, congress of deputies etc.

  • It is composed of lay politicians who claim to represent the people, rather than trained or expert government officials.

  • General Context: Collection or gathering of people.

  • Political Context: (french tradition) associated with people, representations, and popular government.



POLITICAL SYSTEM AND SEPARATION 

OF POWERS

  • The role and significance of the assembly is crucially affected by wider constitutional and institutional factors—especially whether they operate within a parliamentary, presidential or, or semi-presidential system.



POLITICAL SYSTEM AND SEPARATION 

OF POWERS



TYPES

DEFINITION

DISTINCTION

Parliamentary

Fusion of legislation and executive

Executive comes from the assembly

Presidential

Clear separation of powers

Executive and legislative are elected separately; yin-yang

Semi-Presidential

Blend of both parliamentary and presidential systems

Power balance depends on the relative strength of the president and the parliamentary majority.


  • The separation of the three functions of the government (legislation, execution, and adjudication) should be entrusted to a separate branch of government (legislature, executive judiciary)

  • Fragment the government to defend liberty and keep tyranny at bay

  • Implies interdependence



FUNCTIONS OF ASSEMBLY

LEGISLATION

  • Often seen as the key function of assemblies

  • However, assemblies do not possess formal legislative authority

  • EXAMPLE:

  • President Rodrigo Duterte’s priority legislation, such as the Tax Reform for Acceleration and Inclusion (TRAIN) Law. While passed by Congress, the law was crafted largely based on the president’s agenda.



REPRESENTATION

  • Assemblies play an important role in providing a link between the government and the people.

  • Represent the will of the people.

  • EXAMPLE:

  • The creation of the partylist system



SCRUTINY

  • The ability of assemblies to check executive power

  • Deliver responsibility and accountability

  • EXAMPLE:

  • Investigation inside the government itself



POLITICAL RECRUITMENT

  • Assemblies provide a pool of talent from which leaders emerge

  • EXAMPLE:

  • Initially running for Senate, Poe gained enough prominence to be a frontrunner in the 2016 presidential election, illustrating how assemblies can catapult political figures into higher roles.



LEGITIMACY

  • Assemblies promote the regime by painting it as ‘rightful’.

  • EXAMPLE:

  • Congress confers legitimacy on the president’s initiative, as seen when the Bayanihan to Heal as One Act was passed during the height of the COVID-19 pandemic, grinding President Duterte special powers to respond to the crisis.



STRUCTURE OF AN ASSEMBLY



Unicameral

Sacrifices transparency and balance with simplicity (1 chamber)

Bicameral

Has two chambers, but lacks the simplicity that smaller societies may suffice with

Policy-making Assemblies

Enjoy significant autonomy and have an active impact on policy

Policy-influencing Assemblies

Can transform policy but only by reacting to executive initiatives

Executive-dominated Assemblies

Exert marginal influence or merely rubber-stamp executive decisions



STRUCTURE OF AN ASSEMBLY



Rise of disciplined political parties

Strong party discipline can limit the independence of assembly members

Growth of ‘big’ government

The expansion of government responsibilities has shifted policy-making power towards the executive

Organizational weaknesses

The equal and divided nature of assemblies can make it hard to lead and take united action 

Media power

External groups and media can provide alternative mechanism for representation and influence policy-making



KEY THINKERS

CHARLES MONTESQUIEU

  • Introduced the concept of the separation of powers, which is the division between the legislative, executive and judicial branches to prevent tyranny.



JAMES MADISON

  • Emphasized the role of federalism and the division of powers between national and state governments.s