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Legislative council

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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 and may use those letters as a post-nominal.

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 was done in Southern Rhodesia in 1923, Ceylon in 1931, New Zealand in 1951, and Singapore in 1955) or the democratisation of and a gradual decrease in powers exercised by the council, as done in India in 1919 and in some 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

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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 (that is, the Parliament at Westminster), and some by commission and royal instructions.[1]

List of legislative councils

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Existing national legislative councils
Country Body Type Established Notes
Image Brunei Darussalam Legislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004
Image Hong Kong Legislative CouncilUnicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98
Image Isle of Man Legislative CouncilUpper House
Image Palestine Legislative CouncilUnicameral1996
Image Saint Helena Legislative CouncilUnicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Existing sub-national legislative councils
Country Region Body Type Established Notes
Image Australia New South WalesLegislative CouncilUpper House1824Unicameral until 1856
Image Australia South AustraliaLegislative CouncilUpper House1840Unicameral until 1857
Image Australia TasmaniaLegislative CouncilUpper House1825Unicameral until 1856
Image Australia VictoriaLegislative CouncilUpper House1851Unicameral until 1856
Image Australia Western AustraliaLegislative CouncilUpper House1832Unicameral until 1890
Image India Andhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007
Image India BiharLegislative CouncilUpper House1912Unicameral until 1920
Image India KarnatakaLegislative CouncilUpper House1956
Image India MaharashtraLegislative CouncilUpper House1960
Image India TelanganaLegislative CouncilUpper House2014
Image India Uttar PradeshLegislative CouncilUpper House1935
Image Venezuela ZuliaLegislative CouncilUnicameral1864
Defunct national and colonial legislative councils
Country / Colony Body Type Established Disestablished Notes
Image Aden Legislative CouncilUnicameral1947[2]
Image Antigua and Barbuda Legislative CouncilUnicameralEstablished under instructions to the governor
Image Bahamas Legislative CouncilUnicameral1841[3]Letters patent
Image Barbados Legislative CouncilUnicameral1963[4]Established under instructions to the governor
  Basutoland Legislative CouncilUnicameral1960[5]Established under instructions to the governor
Image Bechuanaland Protectorate Legislative CouncilUnicameral19611965
Image Bermuda Legislative CouncilBicameral16121980Originally 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]
Image British Columbia Legislative CouncilUnicameral18671871
Image British Guiana Legislative CouncilUnicameral19281961Established by an act of Parliament, the British Guiana Act 1928; abolished between 1953 and 1954.
Image British Honduras Legislative CouncilUnicameral1853[3]Established under instructions to the governor
Image British India Imperial Legislative CouncilBicameral18611947Unicameral until 1920
Image British Virgin Islands Legislative CouncilUnicameral1867[3]2007
Image Burma Legislative CouncilUnicameral18971936
Image Ceylon Legislative CouncilUnicameral18331931Established under the prerogative
Image Cyprus Legislative CouncilUnicameralEstablished under the prerogative
Image Dominica Legislative CouncilUnicameral1832[3]Established by an act of Parliament[which?]
Image Falkland Islands Legislative CouncilUnicameral18452009Established under the British Settlements Act 1843
Image Fiji Legislative CouncilUnicameralEstablished under the prerogative
Image Gambia Legislative CouncilUnicameral1843[3]Established under the British Settlements Act 1843
Image Gibraltar Legislative CouncilUnicameral19501969
Image Gold Coast Legislative CouncilUnicameralEstablished under the British Settlements Act 1843
Image Grenada Legislative CouncilUnicameral1924[7]Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
Image Jamaica Legislative CouncilUnicameral1866[3]
Image Kenya Legislative CouncilUnicameral19071963Established under the British Settlements Act 1843
United Kingdom Lower Canada Legislative CouncilUpper House17911841
Image Malaya Federal Legislative CouncilUnicameral19481957
Image Malta Legislative CouncilUnicameralEstablished under the prerogative
Image Manchukuo Legislative CouncilUnicameral19341945Puppet state of the Empire of Japan
Image Mandatory Palestine Legislative CouncilUnicameral19221923
Image Mauritius Legislative CouncilUnicameralEstablished under the prerogative
Image Montserrat Legislative CouncilUnicameral2011Established under instructions to the governor
Image New Zealand Legislative CouncilUpper House18411950Unicameral until 1853
Image Newfoundland Legislative CouncilUpper House18331934
Image Nigeria Legislative CouncilUnicameralEstablished under the prerogative
Image Northern Rhodesia Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act 1843
Image Nyasaland Legislative CouncilUnicameral1907Established under the Foreign Jurisdiction Act 1843
Image Papua New Guinea Legislative CouncilUnicameral19511963
Portugal Portuguese Guinea Legislative CouncilUnicameral19631972Became the Legislative Assembly
Portugal Portuguese West Africa Legislative CouncilUnicameral19221972Abolished between 1926 and 1955
United Kingdom Province of Canada Legislative CouncilUpper House18411867
Image Romania Legislative CouncilConsultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
Image St Kitts-Nevis-Anguilla Legislative CouncilUnicameral1832[3]Established under instructions to the governor
Image St Lucia Legislative CouncilUnicameral18321967[8]Established under the prerogative
Image St Vincent Legislative CouncilUnicameral1924[7]Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
Image Seychelles Legislative CouncilUnicameral19621970Established under the prerogative
Image Sierra Leone Legislative CouncilUnicameralEstablished under the British Settlements Act 1843
Image Solomon Islands Legislative CouncilUnicameral19601970
Image Southern Rhodesia Legislative CouncilUnicameral18981923Established under the prerogative
Image Straits Settlements Legislative CouncilUnicameral1867Established by an act of Parliament, the Straights Settlement Act 1866, and letters patent of 4 February 1867.
Image Singapore Legislative CouncilUnicameral19461953
Image Swaziland Legislative CouncilUnicameral19641967Established in the Constitution of 1964
Image Trinidad and Tobago Legislative CouncilUnicameral19251961Established under the prerogative
Image Tanganyika Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act 1843
Image Turks and Caicos Islands Legislative CouncilUnicameral2006
Image Uganda Legislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act 1843
United Kingdom Upper Canada Legislative CouncilUpper House17911841
Image Zaire Legislative CouncilUnicameral19721990
Defunct sub-national legislative councils
Country Region Body Type Established Disestablished Notes
Image Australia QueenslandLegislative CouncilUpper House18601922
Image British India BengalLegislative CouncilUpper House18611947Unicameral until 1937
Image British India Eastern Bengal and AssamLegislative CouncilUnicameral19061912
Image Canada ManitobaLegislative CouncilUpper House18701876First province to eliminate upper chamber.
Image Canada New BrunswickLegislative CouncilUpper House17851891
Image Canada Nova ScotiaLegislative CouncilUpper House18381928
Image Canada Prince Edward IslandLegislative CouncilUpper House17731893
Image Canada QuebecLegislative CouncilUpper House18671968Last province to eliminate upper chamber.
Image India AssamLegislative CouncilUpper House19351969
Image India BombayLegislative CouncilUpper House18611960Unicameral until 1935
Image India CochinLegislative CouncilUnicameral19251949
Image India Jammu and KashmirLegislative CouncilUpper House19572019
Image India Madhya PradeshLegislative CouncilUpper House19561969
Image India PunjabLegislative CouncilUpper House19561969
Image India Tamil NaduLegislative CouncilUpper House19561986
Image India West BengalLegislative CouncilUpper House19521969
Image United States DelawareLegislative CouncilUpper House17761792
Image United States Florida TerritoryLegislative CouncilBicameral18221845
Image United States New JerseyLegislative CouncilUpper House17761844
Image United States South CarolinaLegislative CouncilUpper House17761778

United States

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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.[9] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933.[9][10] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names.[9] Between 1933 and 1959, at least 32 states had legislative councils.[10]

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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  1. ↑ 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).
  2. ↑ Office, Great Britain Colonial (1954). Colonial Reports Report on Aden.
  3. 1 2 3 4 5 6 7 The Colonial Office List, Comprising Historical and Statistical Information Respecting the Colonial Empire, List of Officers Serving in the Colonies, Etc. H.M. Stationery Office. 1947.
  4. ↑ "The Senate | BARBADOSPARLIAMENT.COM". www.barbadosparliament.com. Retrieved 10 May 2024.
  5. ↑ "Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968". Library of Congress, Washington, D.C. 20540 USA.
  6. ↑ "General Information". Bermuda Parliament. Government of Bermuda. Retrieved 6 August 2021.
  7. 1 2 "Statutory Rules and Orders Other Than Those of a Local, Personal, Or Temporary Character". H.M. Stationery Office. 1935.
  8. ↑ "Saint Lucia - Access Government". Saint Lucia - Access Government.
  9. 1 2 3 Teaford, Jon C. (2002). The Rise of the States: Evolution of American State Government. Baltimore: The Johns Hopkins University Press. pp. 153–157. ISBN 9780801868894. Retrieved 25 August 2014.
  10. 1 2 Davey, Harold W. (1953). "The Legislative Council Movement, 1933–1953". American Political Science Review. 47 (3): 785–797. doi:10.2307/1952905. ISSN 1537-5943. JSTOR 1952905.
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