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A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. 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 a legislative assembly or house of assembly). This resulted in either the abolition of the council to form a unicameral and wholly elected legislature (as done in New Zealand in 1951, Southern Rhodesia in 1923, Singapore in 1955 and Ceylon in 1931) or the democratisation of and a gradual decrease in powers exercised by the council, as done in India in 1919 and in Australian states throughout the twentieth century.
In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.
History
In the British Empire, the authority under which legislative councils have been constituted has varied: some under the royal prerogative, others by acts of parliament, and some by commission and royal instructions.[1]
List of legislative councils
In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.
Defunct national legislative councils
| Country
|
Body
|
Type
|
Established
|
Disestablished
|
Notes
|
| File:Flag of Aden (1937–1963).svg Aden
|
Legislative Council |
Unicameral |
1947[2] |
|
|
| File:Flag of Antigua and Barbuda (1956–1962).svg Antigua and Barbuda
|
Legislative Council |
Unicameral |
|
|
Established under instructions to the governor
|
| File:Flag of the Bahamas (1953–1964).svg Bahamas
|
Legislative Council |
Unicameral |
1841[3] |
|
Letters patent
|
| File:Flag of Barbados (1870–1966).svg Barbados
|
Legislative Council |
Unicameral |
|
1963[4] |
Established under instructions to the governor
|
| Basutoland
|
Legislative Council |
Unicameral |
1960[5] |
|
Established under instructions to the governor
|
| Template:Country data Bechuanaland Protectorate
|
Legislative Council |
Unicameral |
1961 |
1965 |
|
| File:Flag of Bermuda.svg Bermuda
|
Legislative Council |
Bicameral |
1612 |
1980 |
Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established under Royal Charters to the London Company in 1606, 1609, and 1612, and to the Somers Isles Company in 1615, transmitted via the Governor. Elected lower House of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into an Executive Council and a Legislative Council. Colonial legislature was updated to the Westminster 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 the Senate 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]
|
| File:Flag of British Columbia.svg British Columbia
|
Legislative Council |
Unicameral |
1867 |
1871 |
|
| File:Flag of British Guiana (1955–1966).svg British Guiana
|
Legislative Council |
Unicameral |
1928 |
1961 |
Established by an act of parliament; abolished between 1953 and 1954.
|
| File:Flag of British Honduras (1919–1981).svg British Honduras
|
Legislative Council |
Unicameral |
1853[3] |
|
Established under instructions to the governor
|
| Template:Country data British India
|
Imperial Legislative Council |
Bicameral |
1861 |
1947 |
Unicameral until 1920
|
| File:Flag of the British Virgin Islands.svg British Virgin Islands
|
Legislative Council |
Unicameral |
1867[3] |
2007 |
|
| File:British Burma 1937 flag.svg Burma
|
Legislative Council |
Unicameral |
1897 |
1936 |
|
| File:Flag of Ceylon (1875–1948).svg Ceylon
|
Legislative Council |
Unicameral |
1833 |
1931 |
Established under the prerogative
|
| File:Blue Ensign of Cyprus (1922).svg Cyprus
|
Legislative Council |
Unicameral |
|
|
Established under the prerogative
|
| File:Flag of Dominica (1955–1965).svg Dominica
|
Legislative Council |
Unicameral |
1832[3] |
|
Established by an act of parliament
|
| File:Flag of the Falkland Islands.svg Falkland Islands
|
Legislative Council |
Unicameral |
1845 |
2009 |
Established under the British Settlements Act, 1843
|
| File:Flag of Fiji.svg Fiji
|
Legislative Council |
Unicameral |
|
|
Established under the prerogative
|
| File:Flag of The Gambia (1889–1965).svg Gambia
|
Legislative Council |
Unicameral |
1843[3] |
|
Established under the British Settlements Act, 1843
|
| File:Flag of Gibraltar.svg Gibraltar
|
Legislative Council |
Unicameral |
1950 |
1969 |
|
| File:Flag of the Gold Coast (1877–1957).svg Gold Coast
|
Legislative Council |
Unicameral |
|
|
Established under the British Settlements Act, 1843
|
| File:Flag of Jamaica (1957–1962).svg Jamaica
|
Legislative Council |
Unicameral |
1866[3] |
|
|
| File:Flag of Kenya (1921–1963).svg Kenya
|
Legislative Council |
Unicameral |
1907 |
1963 |
Established under the British Settlements Act, 1843
|
| Template:Flagicon Lower Canada
|
Legislative Council |
Upper House |
1791 |
1841 |
|
| File:Flag of Malaya (1950–1963).svg Malaya
|
Federal Legislative Council |
Unicameral |
1948 |
1957 |
|
| File:Flag of Malta (1943–1964).svg Malta
|
Legislative Council |
Unicameral |
|
|
Established under the prerogative
|
| File:Flag of Manchukuo.svg Manchukuo
|
Legislative Council |
Unicameral |
1934 |
1945 |
Puppet state of the Empire of Japan
|
| Template:Country data Mandatory Palestine
|
Legislative Council |
Unicameral |
1922 |
1923 |
|
| File:Flag of Mauritius (1923–1968).svg Mauritius
|
Legislative Council |
Unicameral |
|
|
Established under the prerogative
|
| File:Flag of Montserrat.svg Montserrat
|
Legislative Council |
Unicameral |
|
2011 |
Established under instructions to the governor
|
| File:Flag of New Zealand.svg New Zealand
|
Legislative Council |
Upper House |
1841 |
1950 |
Unicameral until 1853
|
| File:Flag of the Dominion of Newfoundland.svg Newfoundland
|
Legislative Council |
Upper House |
1833 |
1934 |
|
| File:Flag of Nigeria (1914–1952).svg Nigeria
|
Legislative Council |
Unicameral |
|
|
Established under the prerogative
|
| File:Flag of Northern Rhodesia (1939–1964).svg Northern Rhodesia
|
Legislative Council |
Unicameral |
|
|
Established under the Foreign Jurisdiction Act, 1843
|
| Template:Country data Nyasaland
|
Legislative Council |
Unicameral |
1907 |
|
Established under the Foreign Jurisdiction Act, 1843
|
| File:Flag of the Territory of New Guinea.svg Papua New Guinea
|
Legislative Council |
Unicameral |
1951 |
1963 |
|
| Template:Flagicon Portuguese Guinea
|
Legislative Council |
Unicameral |
1963 |
1972 |
Became the Legislative Assembly
|
| Template:Flagicon Portuguese West Africa
|
Legislative Council |
Unicameral |
1922 |
1972 |
Abolished between 1926 and 1955
|
| Template:Flagicon Province of Canada
|
Legislative Council |
Upper House |
1841 |
1867 |
|
| File:Flag of Romania.svg Romania
|
Legislative Council |
Consultative |
1923 |
1948 |
Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
|
| Template:Country data Saint Christopher-Nevis-Anguilla
|
Legislative Council |
Unicameral |
1832[3] |
|
Established under instructions to the governor
|
| File:Flag of Saint Lucia (1939–1967).svg St Lucia
|
Legislative Council |
Unicameral |
1832 |
1967[7] |
Established under the prerogative
|
| Template:Country data Saint Vincent
|
Legislative Council |
Unicameral |
|
|
Established by an act of parliament
|
| File:Flag of Seychelles (1903–1961).svg Seychelles
|
Legislative Council |
Unicameral |
1962 |
1970 |
Established under the prerogative
|
| File:Flag of Sierra Leone 1916-1961.gif Sierra Leone
|
Legislative Council |
Unicameral |
|
|
Established under the British Settlements Act, 1843
|
| File:Flag of the Solomon Islands (1956–1966).svg Solomon Islands
|
Legislative Council |
Unicameral |
1960 |
1970 |
|
| File:Flag of Southern Rhodesia (1924–1964).svg Southern Rhodesia
|
Legislative Council |
Unicameral |
1898 |
1923 |
Established under the prerogative
|
| File:Flag of the British Straits Settlements (1925–1946).svg Straits Settlements
|
Legislative Council |
Unicameral |
1866 |
|
Established by an act of parliament
|
| File:Flag of Singapore (1946–1952).svg Singapore
|
Legislative Council |
Unicameral |
1946 |
1953 |
|
| Template:Country data Swaziland
|
Legislative Council |
Unicameral |
1964 |
1967 |
Established in the Constitution of 1964
|
| File:Flag of Trinidad and Tobago (1889–1958).svg Trinidad and Tobago
|
Legislative Council |
Unicameral |
1925 |
1961 |
Established under the prerogative
|
| Template:Country data Tanganyika
|
Legislative Council |
Unicameral |
|
|
Established under the Foreign Jurisdiction Act, 1843
|
| File:Flag of the Turks and Caicos Islands.svg Turks and Caicos Islands
|
Legislative Council |
Unicameral |
|
2006 |
|
| File:Flag of the Uganda Protectorate.svg Uganda
|
Legislative Council |
Unicameral |
1920 |
1962 |
Established under the Foreign Jurisdiction Act, 1843
|
| Template:Flagicon Upper Canada
|
Legislative Council |
Upper House |
1791 |
1841 |
|
| File:Flag of Zaire (1971–1997).svg Zaire
|
Legislative Council |
Unicameral |
1972 |
1990 |
|
United States
In American 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 in Kansas and was implemented by the Kansas Legislature in 1933.[8][9] Eventually, a majority of U.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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- ↑ Wright, Martin. Appendix 9 in The Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited by Margery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).
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