The Legislature and the Functions Thereof

Understanding Montserrat’s Legislature begins with seeing it not only as a lawmaking body, but as a central part of democratic life, where representation, debate, oversight, and financial accountability come together in service of the people.

  • Separation of Powers
  • Types of Legislature
  • Functions of the Legislature
  • The Constitution

The Doctrine of Separation of Powers

One of the characteristics of many legal systems is the doctrine of separation of powers which provides that the functions of the three arms of government should be carried out by separate bodies of people. This separation of the arms of government enables a check on the concentration of power in the hands of a few. The Legislature is one of these arms.

Essentially, the Legislature is the assembly of elected representatives of the people and as such it represents the national public opinion and power of the people.  In the case of Montserrat two ex-officio members are also a part of the Legislature.  They are the Financial Secretary and the Attorney General.

Types of Legislature: Bicameral and Unicameral Legislatures

A modern legislature is either Bicameral or Unicameral.  Bicameralism means a legislature with two houses/chambers while unicameralism means a legislature with a single house/chamber.  A large number of modern legislatures, particularly of big states, are bicameral i.e. legislatures with two houses (Bi = Two, Cameral = House).  Montserrat has a unicameral Legislature.

Functions of the Legislature

Perhaps the most important function of any legislature is to legislate — that is, to make laws. In ancient times, laws used to be derived from customs, traditions, and religious scriptures, or were issued by kings as their commands. In democratic societies, however, the legislature is the chief source of law.

  • The legislature is responsible for making, amending, and repealing laws. New laws are made to meet the changing needs of society.
  • Old laws which are no longer suitable in view of new circumstances are amended to reflect new realities.
  • Laws which have become obsolete are repealed.
  • The legislature formulates the will of the country into laws, giving them legal character, authority and force.
  • Increasingly, the regional and international community influences the laws which are passed — a country must align its legislation if it wishes to participate in the wider world.
  • Ultimately, the Legislature is the branch of government which performs law-making through deliberation. Laws are first made, then enforced, and then adjudication can take place — making the Legislature a very important arm of government.
Note: In many countries the Legislature delegates subordinate legislative powers to the executive authorities — the Cabinet.

Constitution

The Constitution is the highest law of the land and the Legislature played a very crucial role in negotiating the contents of the 2010 Constitution.

  • If the constitution is to be amended it is also the legislature which will have to take steps to do so.
  • 2/3rds of the Legislature would have to agree to such an amendment before the matter could be addressed.