Bundestag Bundesrat formation and powers. Report: German Parliament. University of World Economy and Diplomacy
CSU (45)
FDP (93)
Story
German Empire (1871-1918)
The Imperial Reichstag consisted of 384 deputies (after 1874 - out of 397), elected for three years (from 1888 - for 5 years) on the basis of universal, equal, secret suffrage. The distribution of seats was carried out according to the majoritarian electoral system. All male citizens over the age of 25 had the right to vote. The main struggle for seats in the Reichstag took place between the five most popular parties, which included the national liberal, left-liberal, conservative, centrist and social democratic.
Since 1894, meetings have been held in the same building in which the modern Bundestag meets.
Weimar Republic (1918-1933)
The party system of the Weimar Republic was largely inherited from the party system of the German Empire. Between 1919 and 1932, the SPD remained the strongest party. In addition to her, an important role in the political life of Germany was played by the NPP, NNPP, NDP, centrists, BNP, communists and National Socialists. As a result of the 1932 elections, the NSDAP and NNPP received 43.9% and 8% respectively, which allowed them to form a right-wing coalition government under Hitler. In March 1933, the Reich President signed the decree “On the Protection of the German People,” giving the government the right to introduce new laws without the participation of the Reichstag.
Third Reich (1934-1945)
After the decree was adopted, Reichstag sessions were held rarely and were intended only to approve government decisions. The last meeting of the Reichstag took place on April 26, 1942.
Germany (since 1949)
In 1949, a new constitution was adopted in western Germany. Its authors tried to take into account the mistakes made in the Weimar Constitution. As a result, the national parliament, called the Bundestag, received broad powers and became the only federal government body elected directly by citizens.
Before German reunification, parliamentary sessions were held in Bonn. West Berlin was officially outside the jurisdiction of the Federal Republic of Germany, so its citizens could not directly participate in the formation of the Bundestag; they could only send delegates to it who did not have the right to vote. Since 1999, the Bundestag has met in the Reichstag building.
The Bundestag, elected in 1949, had 402 members. The number of seats gradually increased, reaching 497 in 1987 (520 including delegates from West Berlin); After the reunification of Germany in 1990, the composition of the Bundestag was expanded to 662 seats. There are currently 622 members of the Bundestag.
Formation order
Ballot: on the left are candidates from a single-mandate constituency, on the right are parties.
The Bundestag is elected by the country's voting population for a term of four years. Early dissolution of parliament is possible only as an exception and is within the competence of the federal president.
Before the unification of Germany, 520 deputies sat in the Bundestag. In the elections in December 1990, with the entry of new lands into the Federal Republic of Germany, the number of deputy mandates was increased to 662, and in the 1994 elections - to 672, in the 1998 elections this number decreased to 669. Now there are 598, actually 622
Elections are held using a mixed system. Each voter votes on two lists: in the first he chooses a candidate elected according to the majoritarian system, in the second he chooses a party list. Parliamentary seats are given only to those parties that either received at least 5% of the votes cast for their party list, or won at least three single-mandate constituencies. The number of seats received by the party that entered the Bundestag is proportional to the number of votes cast for its list, and is calculated using the Sainte-Lague method. These seats are filled by those party candidates who win their single-member constituencies. If there are fewer such candidates than the number of mandates received by the party, then the remaining parliamentary seats are filled according to the party list. If there are more party candidates winning in single-member constituencies than the total number of mandates received by the party, then additional seats are created for such candidates in the Bundestag.
Functions
The most important functions of the Bundestag: passing laws, electing the Federal Chancellor and monitoring the activities of the government. The main work on the preparation of laws is carried out at meetings of parliamentary committees. During the meetings, political will and knowledge of experts in the relevant field should be coordinated. The committees are responsible for the main work of parliamentary control over government activities.
This applies to all committees, from the Foreign Policy Committee to the Budget Committee, which is of particular importance because it represents the sovereign right of Parliament to approve the budget. Any citizen can directly contact the Petitions Committee of the Bundestag with petitions and complaints. Members of the Bundestag are elected in general, direct, free and equal elections by secret ballot. They are representatives of the entire people, are not bound by orders and instructions and obey only their conscience. Therefore, expulsion or withdrawal from the party does not entail the loss of the mandate. According to their party affiliation, deputies unite into factions if for this they have the required minimum of deputy seats. The size of a faction determines the number of its representatives in committees. The President of the Bundestag is traditionally elected from the ranks of the strongest faction. He conducts plenary sessions and monitors compliance with parliamentary rules.
see also
Notes
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See what the “German Bundestag” is in other dictionaries:
Bundestag- This term has other meanings, see Bundestag (meanings). German Bundestag Deutscher Bundestag ... Wikipedia
BUNDESTAG- [German] Bundestag Dictionary of foreign words of the Russian language
BUNDESTAG- (German Bundestag) in Germany, the lower house of parliament... Big Encyclopedic Dictionary
BUNDESTAG- [de], ah, husband. The highest representative body of the Federal Republic of Germany. | adj. Bundestag, aya, oh (colloquial). Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 … Ozhegov's Explanatory Dictionary
Bundestag- (German Bundestag union assembly) officially parliament, in fact the lower house of parliament in Germany; formed by universal suffrage. Members of the Bundestag, in turn, have the right to elect the Prime Minister (Chancellor). The Bundestag also... Political science. Dictionary.
The Bundestag is the legislative body of the Federation; the lower house of parliament (the Germans do not consider the Bundesrat to be a parliament. According to Russian doctrine, the Bundesrat is one of the chambers of parliament). He is a representative of the German people.
Formation order
Deputies to the Bundestag are elected on the basis of universal, equal, direct, free elections by secret ballot for a period of 4 years. The Federal Law of Germany does not provide for electoral provisions. There is the Electoral System Law (Wahlgesetz) of 1956, as amended in 1975. The right to vote is granted to citizens of the Federal Republic of Germany over 18 years of age who have lived in the state for at least 3 months. A person over 18 years of age, a German citizen for at least 1 year, and not deprived of active voting rights, can be elected.
The number of deputies in the Bundestag has been determined - 656. However, in fact there are always more of them (now there are 672). The deputy mandate is free, deputies have immunity and indemnity.
There is a so-called “personalized proportional” voting system, which is similar to the Russian one:
half of the deputies (i.e. 328) are elected in electoral districts with 1 deputy from each district;
the other half - according to the land lists of parties (and in our case, according to the federal list).
The election system is mixed. In electoral districts, the candidate who received more votes than others is considered elected (majority system of relative majority).
In multi-member districts there is a proportional system. Since 1985, the Hare-Niemeyer system has been used (until 1985, the Dont system was used). All “second” votes cast for a party list are multiplied by the number of seats to be distributed in parliament and divided by the total number of votes cast for all party lists. The resulting integer is the number of seats in parliament. The remaining places are distributed according to the principle of the largest remainder, and in case of equality of remainders - by lot.
The distribution of mandates involves parties that have received at least 5% of the votes nationwide or whose candidates have won in at least 3 electoral districts.
Organization of the Bundestag
The activities of the chamber are organized by the President of the Bundestag, who is elected from among the deputies, usually from the largest parties. The president is elected for the entire term of the legislature; he can neither be recalled nor re-elected. The president has the same number of secretaries according to the number of factions represented in the Bundestag. The president, his deputies and secretaries form the presidium of the chamber - as a collegial body, it has no powers. On the contrary, the Council of Elders is an important organ of the Bundestag. It consists of the president, his deputies and 24 members appointed by parliamentary factions, in proportion to their number. The Council agrees on the number of committees and their personal composition, coordinates the agenda, agrees on the parliamentary budget, expenses allocated for parliament, and makes decisions on its internal affairs.
Factions unite deputies belonging to the same party. Within the CDU/CSU faction, the CSU enjoys independence. A faction is a group of deputies that numbers more than 5% of the total number of deputies. Factions are not official bodies of the Bundestag, but they prejudge the outcome of the vote. The party faction is led by a board, which includes the chairman of the faction, his deputies and secretaries, as well as other members. Working groups are also being formed on the main directions of domestic and foreign policy.
Committees of the Bundestag can be special, sectoral, or investigative.
Industry:
mandatory (those provided for by the OZ: EU affairs, foreign affairs, defense);
optional (their number varies - 23 now).
Functions of the Bundestag
development of legislation;
approval of the federal budget;
election of the Federal Chancellor;
parliamentary control over the activities of the Federal Government;
ratification of international treaties;
making decisions on declaring the state of defense of Germany, etc.
The most important function is legislation. In Germany, legislative initiative is possessed by the Government (80%), members of the Bundestag and Bundesrat. All bills are submitted to the Bundestag. But the Government first sends all bills to the Bundesrat, which gives opinions. If the bill comes from the Bundesrat, it is sent to the Government, which gives an opinion and then transmits it to the Bundestag.
All laws are considered by the Bundestag in 3 readings.
1st reading - information about the bill, only the general principles of the bill are discussed, then it is transferred to committees. But the Bundestag can set a deadline for the 2nd reading of the bill without sending it to committees. 2nd reading - the edition proposed by the committee is discussed. Debates take place and changes are made. Each amendment is voted on. 3rd reading - amendments can be made only on behalf of factions, then a vote is taken on the bill as a whole.
German state law distinguishes the following types of laws:
constitutional - adopted by a qualified majority in both chambers;
“federal” - adopted by a simple majority of the Bundestag with the obligatory consent of the Bundesrat;
and ordinary laws - are adopted only by the Bundestag, but can be protested by the Bundesrat.
The most important powers include approval of the federal budget. The project is being introduced by the federal government. The Bundestag can propose amendments, but if they involve increased costs or new expenses, the consent of the Government is required.
Parliamentary control over the activities of the Government is limited. The Bundestag and its committees may require the presence of members of the Government at their meetings; deputies may ask questions to the Chancellors and Ministers, who are required to give an oral answer. For this purpose, up to 3 hours are allocated weekly during the parliamentary session. Groups of deputies can make large (debates are provided for the answer to them) and small requests, to which a written response must be given within 14 days.
Bundesrat
Formation
According to German legal doctrine, the Bundesrat is a federal body through which the German states participate in the exercise of legislative and executive power, as well as in EU affairs (Article 50). The Bundesrat is not an elected body (ie not the second chamber of parliament). The Bundesrat includes members of the state governments. Each land has at least 3 votes:
if the population of the earth exceeds 2 million, then the earth has 4 votes;
On January 1, 1999, there were 69 seats in the Bundesrat. Each state “sends” as many members to the Bundesrat as it has votes. Members of the Bundesrat are appointed and recalled by the state governments. Membership of the Bundesrat cannot be combined with a parliamentary mandate in the Bundestag.
The Bundesrat has no fixed term of office and cannot be dissolved. Its composition changes depending on the elections to the Landtags of the states. Party composition does not matter, factions are not formed, but groups of Bundesrat members from states with the same party are blocked among themselves. Votes of the land can only be cast in concert, as a single list.
Organization
The Bundesrat elects a chairman for a term of 1 year, he convenes meetings, sets the agenda, leads debates, and decides on voting. The Chairman has administrative power in the Bundesrat building. He replaces the Federal President if he is temporarily unable to perform his functions.
There are permanent committees, which include one representative from the land or land officials.
Authority
The competence of the Bundesrat is legislation, administration, EU affairs.
The participation of the Bundesrat in legislative activities is not always mandatory. The Bundesrat is obliged to participate in the adoption of all constitutional and federal laws. In relation to ordinary laws, he has the right of protest.
Under certain circumstances, the Bundesrat may become the sole legislative body and thereby replace the Bundestag when, at the request of the government, the Federal President introduces a state of legislative necessity (Article 81). This condition is established for a certain period, usually no more than 6 months.
The Bundesrat has a number of powers in the federal administration. Many regulations of the Federal Government require the consent of the Bundesrat; it is obliged to keep the Bundesrat informed of current affairs. Along with the government, the Bundesrat participates in federal supervision of the states.
On issues that fall under the jurisdiction of the EU, the Bundesrat can create a European Chamber, the decisions of which will be equivalent to the decisions of the Bundesrat.
During a “state of emergency,” a special body - a joint committee - can replace parliament. The joint committee consists of 48 members (2/3 from the Bundestag and 1/3 from the Bundesrat), it can exercise all the rights of the parliament, except for the repeal or amendment of the OZ.
The Parliament of the Federal Republic of Germany actually consists of two chambers: the lower - the Bundestag and the upper - the Bundesrat (formally in Germany, the Bundesrat is not considered by some lawyers to be a chamber of Parliament). The Bundestag represents the entire people living on German territory; its 656 deputies are elected by the entire population for a term of four years. The Bundesrat is the body of representation of the constituent entities of the Federation. It consists of members of the federal state governments. Each state sends at least three members (representatives) to the upper house. Lands with more than 2 million inhabitants have four votes, more than 6 million have five votes, and more than 7 million have six votes. The state government has the right to recall its representatives.
The powers of the Bundestag include: lawmaking, the right to internal organization and control functions. In the area of lawmaking, the Bundestag plays a major role.
The Bundesrat also has powers in the legislative process, but there are laws that do not require approval from the Bundesrat. The Upper House primarily considers laws that affect the interests and needs of the lands. The Bundesrat and the Federal Government have the right to initiate legislation. Members of the Bundestag also have the right to introduce legislation for discussion. Each law is subject to consideration during a three-reading procedure. The Bundesat may not agree with the bill, then a mediation commission is created, after which a repeat voting procedure is carried out. The final stages of legislative activity: registration, proclamation and entry into force of the law. They are related to the powers of the Federal President.
The Bundestag meets in plenary sessions, which are generally held openly and transparently. Numerous commissions are created in it, the creation of three of them is mandatory: the commission on petitions, on foreign affairs and on defense affairs.
In addition to its legislative function, the Bundestag elects the Federal Chancellor, takes part in the elections of the Federal President and federal judges, and elects the Commissioner for Defense. The meaning of the control function of the lower house of the German Parliament is that the activities of the Federal Government depend on the confidence of the Parliament. According to the Basic Law, the Federal Government is politically dependent on the Bundestag and is responsible to it. This means that a vote of no confidence may be passed against the Federal Chancellor by the Bundestag. However, if the head of the Government himself raises a question of confidence before the Bundestag and does not receive an absolute majority of votes, then the Federal President may dissolve the Bundestag at his proposal. The Bundestag can also be dissolved if, in the final round of elections for the Federal Chancellor, it does not elect a candidate with at least an absolute majority.
The Bundesrat does not have an election term; its composition partially changes when there is a change of government in one (or more) of the federal states. As a legislative body, the Bundesrat can approve or disapprove federal laws, determine the rules of its work, and form its own commissions. In addition, the declaration of a state of defensive war requires the mandatory approval of the Bundesrat.
The Bundestag is the parliament of the Federal Republic of Germany (Deutscher Bundestag), a unicameral government body representing the interests of the entire German people. It was created as the successor to the Reichstag by law in 1949, and since 1999 it has been located in Berlin. The German parliament is currently headed by Christian Democrat Norbert Lammert, who has held this position since October 18, 2005. It is the Bundestag that elects the Federal Chancellor, who is the head of the German government.
Functions
By its political structure, Germany is a parliamentary republic, in which the Bundestag is the most important body of power:
- In cooperation with the Bundesrat, it is engaged in legislative activities, developing and adopting various laws and amendments to the Constitution at the federal level. It also ratifies treaties and passes the federal budget.
- The Bundestag performs the functions of legitimizing other government bodies, including voting for the candidate for the position of Federal Chancellor, and also participates in the elections of the Federal President and judges.
- Supervises the activities of the government, which is obliged to report to it, and also controls the movements of the country's armed forces.
Location
After the reunification of Germany, the Bundestag moved to the Reichstag building, built at the end of the 19th century and reconstructed by the architect. From 1949 to 1999, meetings were held in the Bundeshaus (Bonn).
The buildings housing parliament-owned offices are built next to each other on both sides of the Spree River and are called Paul-Löbe-Haus and Marie-Elisabeth-Lüders-Haus in German after two prominent Democratic parliamentarians.
Elections
In German parliamentary elections, the majoritarian element does not participate in the distribution of seats between parties, except in cases where one of the parties under the single-member system receives more deputies than it would receive on the basis of the party list system alone. In such cases, the party may receive a certain number of additional mandates (Überhangmandate). For example, the 17th Bundestag, which began working on October 28, 2009, consists of 622 deputies, of which 24 are holders of additional mandates.
Dissolution of Parliament
The Federal President (Bundespräsident) has the right to dissolve the Bundestag in two cases:
- If, immediately after convening, or in the event of the death or resignation of the Chancellor of the Federal Republic of Germany, the Bundestag cannot elect a new Chancellor by an absolute majority of votes (Article 63, paragraph 4, Basic Law of the Federal Republic of Germany).
- On the proposal of the Chancellor, if the Bundestag decides negatively on a question of confidence put to a vote by that Chancellor (Article 68, paragraph 1). This situation already arose in 1972, under Chancellor Willy Brandt and President Gustav Heinemann, and also in 1982, when Helmut Kohl was Chancellor and Karl Carstens was President. In both cases, the result of the vote was that the chancellor was denied confidence, after which new elections had to be held. On February 16, 1983, the Constitutional Court overturned the decision to refuse confidence.
Resignation of Gerhard Schröder
On 22 May 2005, following his party's defeat in the regional elections in North Rhine-Westphalia, Chancellor Gerhard Schröder announced his intention to put a vote of confidence to the vote to give the president "all the power necessary to overcome the current state of crisis."
As one might expect, the German Bundestag refused confidence (for: 151 votes, against: 296 votes, abstained: 148 votes). Then he submitted an official petition for the dissolution of the Bundestag addressed to Federal President Horst Köhler. On July 21, 2005, the President issued a decree to dissolve parliament and set the election date for September 18, the first Sunday after school holidays and the last Sunday within the constitutional limit of 60 days. On August 23 and 25, the Constitutional Court rejected appeals brought by three small parties, as well as by MPs Elena Hoffmann of the SPD and Werner Schulz of the Green Party.
Structure of the Bundestag
The Bundestag is a body whose most important structural units are parliamentary groups called factions. Parliamentary groups organize the work of the legislative branch. For example, they prepare the work of commissions, introduce bills, amendments, etc.
Each faction consists of a chairman (Fraktionsvorsitzender), several vice-presidents and a presidium that meets every week. During debates and voting, it is traditional to observe strict party discipline (Fraktionsdiziplin). The German parliament is notable for the fact that voting in it is usually carried out at the sign of the chairman of the parliamentary faction.
The Bundestag also includes the Council of Elders (Ältestenrat) and the Presidium. The Council consists of the Presidium and 23 elders (leaders of parliamentary groups). It is commonly used to conduct negotiations between parties, particularly on issues of chairing parliamentary committees and agendas. As for the presidium, it includes at least chairmen and vice-chairmen from each faction.
Each ministry has one parliamentary committee (currently there are 21). General management is carried out by the President of the Bundestag, currently held by Norbert Lammert.
Landtags of the German states.
Germany - Federal state, parliamentary republic. In November 2005, Angela Merkel took over as post-Federal Chancellor. The Federal Chancellor is the head of the German Government. Therefore, the form of government in Germany is often also called chancellor democracy. The head of state is the federal president, who performs rather representative functions - Joachim Gauck. Germany is a democratic, social, legal state.
Germany has a federal structure. It consists of 16 lands. This means that the political system of the state is divided into two levels: federal, at which national decisions of international importance are made, and regional, at which the tasks of the federal states are solved. Each level has its own executive, legislative and judicial authorities.
German Bundestag (parliament) And Bundesrat (land representative body) carry out legislative and advisory functions at the federal level and are authorized by a two-thirds majority vote in each of the bodies to make changes to the constitution. Although the states have unequal representation in the Bundesrat, legally they have equal status, which characterizes the German federation as symmetrical. At the regional level, lawmaking is carried out by the state parliaments - Landtags And burgherschafts (parliaments city-landsHamburg And Bremen). They make laws that apply within the lands.
Landtag is the highest constitutional body of the land. The Landtag passes laws and approves the budget. Among all bodies, the Landtag occupies a special place, since it is the only body elected directly from representatives of the people. Deputies of the Landtag elect members of other state bodies (state government, state judicial chambers, state audit chamber). In addition, he performs supervisory functions, since he has many tools to control the state government and its administration.
Bundestag- unicameral body of people's representation of the Federal Republic of Germany. The Bundestag is elected by the country's voting population for a term of four years. Early dissolution of parliament is possible only as an exception and is within the competence of the federal president.
Formation order. Elections are held according to a mixed system. Each voter votes on two lists: in the first, he chooses a candidate elected under the majoritarian system, in the second, a party list. Parliamentary seats are given only to those parties that either received at least 5% of the votes cast for their party list, or won at least three single-mandate constituencies. The number of seats received by the party that enters the Bundestag is proportional to the number of votes cast for its list.
The most important functions of the Bundestag: adoption of laws, election of the Federal Chancellor and monitoring government activities. The main work on the preparation of laws is carried out at meetings of parliamentary committees. During the meetings, political will and knowledge of experts in the relevant field should be coordinated. The committees are charged with the main work of parliamentary control over the activities of the government. This applies to all committees, from the foreign policy committee to the budget committee, which is of particular importance because it represents the sovereign right of parliament to approve the budget.
According to their party affiliation, deputies unite into factions if for this they have the required minimum of deputy seats. The size of a faction determines the number of its representatives in committees. The President of the Bundestag is traditionally elected from the ranks of the strongest faction. He conducts plenary sessions and monitors compliance with parliamentary rules.
Chairman - Norbert Lammert from the CDU party, elected on October 27, 2009. Total Deputies - 622. Political groups (factions): CDU (194), CSU (45), FDP (93), SPD (146), Left (76), Union90/Greens (68)
Bundesrat- state legislative body of Germany. Consists of members of state governments representing the 16 states of Germany. Definition according to the Basic Law of the Federal Republic of Germany: representation of the federal states. Acceptable: representation of regions at the federal level. The sometimes used name "upper house" is a misnomer, since Germany has a unicameral parliament, the Bundestag. Thanks to the Bundesrat, the states participate in legislative and executive activities. With different alignments of political forces at the federal level and in the states, the Bundesrat can become a political counterweight because it often prevents the Bundestag from passing bills that especially worsen the legal status of the states, since it is customary in the Bundesrat to put the interests of its land above the party line. The President of the Bundesrat acts as the Federal President when the latter is unable to perform them.
The Chairman of the Bundesrat, Winfried Kretschmann from the Green Party, was elected on November 1, 2012. Total Deputies - 69. Political groups (factions): Christian Democratic Union of Germany, Christian Social Union, Social Democratic Party of Germany, Free Democratic Party, Green Party.
Lands with a population of up to two million people (Hamburg) have three votes in the Bundesrat, from two to six million people (Saxony) - four votes, from six to seven million people (Hesse) - five votes, over seven million people (Bavaria) - six votes. The number of votes means, first of all, how many delegates the state government can send to the Bundesrat.
Currently, there are sixteen committees in the Bundesrat: Agrarian, Internal Affairs, Cultural Affairs, Environmental Affairs, Family and Pensioners, Labor and Social Policy, Transport, Financial, Economic, etc.
Italian Parliament: features of formation, powers and main forms of work. Regional Councils in Italy.
Senate– 315 people (25% are selected through the party system, 75% through a mixed system based on regions)
No region can have fewer than seven senators; Molise elects two senators, and Balle d'Aosta - one senator. The distribution of seats between the regions is made in accordance with the provisions of the previous paragraph, in proportion to the population of the regions, as determined by the last census, on the basis of internal electoral quotients and the rule of the largest remainder.
Chamber of Deputies– 630 people (proportional election system)
The distribution of seats between electoral districts is carried out by dividing the number of inhabitants of the Republic, determined by the last census, by six hundred thirty and distributing seats in proportion to the population of each district on the basis of internal coefficients and the rule of largest remainder.
The chambers meet by their own right on the first non-holiday day of February and October.
Each House may be called into extraordinary session on the initiative of its Chairman, or the President of the Republic, or one third of its members.
Each chamber adopts its rules by an absolute majority of its members.
Meetings are public; however, each House and Parliament, when the Houses sit jointly, may decide to meet in private.
The decisions of each House and Parliament are valid only if there is a majority of their members and if the decisions are made by a majority of the members present, unless the Constitution requires a qualified majority.
Members of the Government, even if they are not members of the chambers, have the right, and if requested, are required to attend meetings.
No one can simultaneously be a member of both houses.
Each member of Parliament represents the nation and carries out his functions without an imperative mandate.
The legislative function is carried out jointly by both chambers.
Legislative initiative belongs to the Government, any member of the chambers, as well as bodies and institutions that are endowed with it by constitutional law.
The people carry out legislative initiative by submitting, on behalf of at least 50 thousand voters, a proposal drawn up in the form of an article-by-article draft.
Each bill submitted to one of the chambers is studied in accordance with the rules of its regulations by a commission, and then by the chamber itself, which approves it article by article and as a whole.
The Regulations establish an abbreviated procedure for the passage of bills declared urgent.
The regulations may also establish in what cases and in what order the consideration and approval of bills is transferred to commissions, including permanent ones, formed in proportion to the composition of parliamentary factions. But even in these cases, the bill is returned to the chamber before its final approval if the Government, or one tenth of the members of the chamber, or one fifth of the commission requires its discussion and voting in the chamber itself or its transfer for final approval by vote without discussion. The regulations establish a form that ensures publicity in the work of the commissions.
The usual procedure for consideration and direct approval by the chamber is always used for bills on constitutional and electoral issues, for bills delegating legislative power, authorizing the ratification of international treaties, approving the budget and expenditure estimates.
The implementation of the legislative function can be delegated to the Government only with an indication of the guiding principles and criteria for such delegation and only for a limited time and on a certain range of issues
The Chambers declare a state of war and vest the Government with the necessary powers.
Each House may conduct inquiries into matters of public interest.
For this purpose, it appoints a commission from among its members in proportions reflecting the relationship between the various factions. The Commission of Inquiry conducts investigations and examinations with the same powers and limitations as the judiciary.
The President of the Republic is elected by Parliament at a joint meeting of its members.
The President of the Republic may, after hearing the chairmen of the chambers, dissolve both chambers or one of them
Formation, powers and organization of the work of parliament in Japan.
House of Councilors– 252 people for 6 years. Mixed election system: 2/5 majoritarian, 3/5 proportional.
House of Representatives– 501 people for 4 years from constituencies (47 prefectures in total)
The Emperor carries out only such actions related to the affairs of the state as are provided for in this Constitution, and is not vested with powers related to the exercise of state power. The Emperor, in accordance with the law, can entrust someone with the implementation of his actions related to state affairs.
The Emperor appoints the Prime Minister on the recommendation of Parliament. The Emperor appoints the Chief Justice of the Supreme Court on the recommendation of the Cabinet.
Parliament is the highest body of state power and the only legislative body of the state.
Parliament consists of two chambers: the House of Representatives and the House of Councillors.
Both houses are composed of elected members representing the entire people. The number of members of each chamber is established by law.
The qualifications of the members of both houses, as well as the qualifications of their constituents, are determined by law. However, there must be no discrimination based on race, religion, gender, social status, origin, education, property or income.
The term of office of members of the House of Representatives is four years. Their powers, however, shall cease before the expiration of their full term in the event of the dissolution of the House of Representatives.
The term of office of members of the House of Councilors is six years, with half of the members of the chamber being re-elected every three years.
No one can be a member of both houses at the same time.
Members of both houses receive annually, in accordance with the law, a certain remuneration from the state treasury.
Members of both houses, except in cases provided by law, cannot be arrested during a session of Parliament; Members of Parliament arrested before the opening of the session must, at the request of the relevant chamber, be released from imprisonment for the duration of the session.
Regular sessions of Parliament are convened once a year.
The Cabinet may decide to convene extraordinary sessions of Parliament. The Cabinet must decide to convene extraordinary sessions of Parliament if more than one-fourth of the total number of members of one of the chambers so requests.
If the House of Representatives is dissolved, a general election to the House of Representatives must be held within forty days from the date of its dissolution, and Parliament must be convened within thirty days from the date of the election. When the House of Representatives is dissolved, the House of Councilors simultaneously ceases to meet. However, the Cabinet may call an emergency session of the House of Councilors if it is absolutely necessary in the interests of the country. Measures taken at the extraordinary session referred to in the provision of the previous paragraph are temporary and shall cease to have effect unless they are approved by the House of Representatives within ten days of the opening of the next session of Parliament.
Each chamber resolves disputes related to the qualifications of its members. However, in order to deprive someone of parliamentary powers, it is necessary to adopt a resolution to this effect by a majority of at least two-thirds of the votes of the members present.
Each chamber can carry out work only if at least one third of the total number of its members is present at the meeting. Except as otherwise expressly provided in this Constitution, all questions in each House shall be decided by a majority vote of the members present; In case of equality of votes, the vote of the presiding officer is decisive.
Meetings of each chamber are open. However, closed meetings may be held if a resolution to that effect is passed by a majority of at least two-thirds of the members present. Each chamber keeps minutes of its meetings. These minutes must be published and distributed for public review, with the exception of those minutes of closed meetings that are considered secret. At the request of at least one-fifth of the members present, the vote of each member on any matter shall be recorded in the minutes.
Each house elects a chairman and other officers. Each chamber establishes its own rules of conduct of meetings, procedure, internal discipline and can impose penalties on its members for behavior that violates discipline. However, in order to exclude a member of the chamber from its membership, a resolution to this effect must be adopted by a majority of at least two-thirds of the votes of the members present.
A bill, except as otherwise specifically provided in the Constitution, becomes a law after it has been passed by both houses. A bill passed by the House of Representatives, on which the House of Councilors has made a decision different from the decision of the House of Representatives, becomes law after its second approval by a majority of at least two-thirds of the members of the House of Representatives present. The provisions of the preceding paragraph shall not prohibit the House of Representatives from requiring, by law, a joint session of both Houses. If the House of Councilors does not approve a final decision on a bill passed by the House of Representatives within sixty days, excluding the adjournment of Parliament, after receiving it, the House of Representatives may consider this to be a rejection of the bill by the House of Councilors.
The budget is first presented to the House of Representatives. If the House of Councilors has adopted a decision on the budget that is different from the decision of the House of Representatives, and if agreement has not been reached even through a joint meeting of both houses provided for by law, or if the House of Councilors has not made a final decision within thirty days, excluding the time of recess of Parliament, after Once the budget has been passed by the House of Representatives, the decision of the House of Representatives becomes a decision of Parliament.
Each chamber may conduct an investigation on matters of public administration and has the right to require the appearance and testimony of witnesses, as well as the production of protocols.
The Prime Minister and other ministers of state, whether members or non-members of either House, may attend meetings of either House at any time to speak on bills. They should also attend meetings if necessary to provide answers and clarifications.
Parliament constitutes a court from among the members of both houses to try, by way of impeachment, violations of those judges against whom proceedings for removal from office have been initiated. Matters relating to impeachment trials are governed by law.
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