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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.

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, 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
 Brunei Darussalam Legislative Council Unicameral 1959 Suspended in 1984, reconvened in 2004
 Hong Kong Legislative Council Unicameral 1843 Established under the British Hong Kong era; Provisional Legislative Council 1997–98
 Isle of Man Legislative Council Upper House
 Palestine Legislative Council Unicameral 1996
 Saint Helena Legislative Council Unicameral

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
 Australia New South Wales Legislative Council Upper House 1824 Unicameral until 1856
 Australia South Australia Legislative Council Upper House 1840 Unicameral until 1857
 Australia Tasmania Legislative Council Upper House 1825 Unicameral until 1856
 Australia Victoria Legislative Council Upper House 1851 Unicameral until 1856
 Australia Western Australia Legislative Council Upper House 1832 Unicameral until 1890
 India Andhra Pradesh Legislative Council Upper House 1958 Abolished between 1985 and 2007
 India Bihar Legislative Council Upper House 1912 Unicameral until 1920
 India Karnataka Legislative Council Upper House 1956
 India Maharashtra Legislative Council Upper House 1960
 India Telangana Legislative Council Upper House 2014
 India Uttar Pradesh Legislative Council Upper House 1935
 Venezuela Zulia Legislative Council Unicameral 1864
Defunct national legislative councils
Country Body Type Established Disestablished Notes
 Aden Legislative Council Unicameral 1947[2]
 Antigua and Barbuda Legislative Council Unicameral Established under instructions to the governor
 Bahamas Legislative Council Unicameral 1841[3] Letters patent
 Barbados Legislative Council Unicameral 1963[4] Established under instructions to the governor
  Basutoland Legislative Council Unicameral 1960[5] Established under instructions to the governor
 Bechuanaland Protectorate Legislative Council Unicameral 1961 1965
 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]
 British Columbia Legislative Council Unicameral 1867 1871
 British Guiana Legislative Council Unicameral 1928 1961 Established by an act of parliament; abolished between 1953 and 1954.
 British Honduras Legislative Council Unicameral 1853[3] Established under instructions to the governor
 British India Imperial Legislative Council Bicameral 1861 1947 Unicameral until 1920
 British Virgin Islands Legislative Council Unicameral 1867[3] 2007
 Burma Legislative Council Unicameral 1897 1936
 Ceylon Legislative Council Unicameral 1833 1931 Established under the prerogative
 Cyprus Legislative Council Unicameral Established under the prerogative
 Dominica Legislative Council Unicameral 1832[3] Established by an act of parliament
 Falkland Islands Legislative Council Unicameral 1845 2009 Established under the British Settlements Act, 1843
 Fiji Legislative Council Unicameral Established under the prerogative
 Gambia Legislative Council Unicameral 1843[3] Established under the British Settlements Act, 1843
 Gibraltar Legislative Council Unicameral 1950 1969
 Gold Coast Legislative Council Unicameral Established under the British Settlements Act, 1843
 Jamaica Legislative Council 1866[3]
 Kenya Legislative Council Unicameral 1907 1963 Established under the British Settlements Act, 1843
United Kingdom Lower Canada Legislative Council Upper House 1791 1841
 Malaya Federal Legislative Council Unicameral 1948 1957
 Malta Legislative Council Unicameral Established under the prerogative
 Manchukuo Legislative Council Unicameral 1934 1945 Puppet state of the Empire of Japan
 Mandatory Palestine Legislative Council Unicameral 1922 1923
 Mauritius Legislative Council Unicameral Established under the prerogative
 Montserrat Legislative Council Unicameral 2011 Established under instructions to the governor
 New Zealand Legislative Council Upper House 1841 1950 Unicameral until 1853
 Newfoundland Legislative Council Upper House 1833 1934
 Nigeria Legislative Council Unicameral Established under the prerogative
 Northern Rhodesia Legislative Council Unicameral Established under the Foreign Jurisdiction Act, 1843
 Nyasaland Legislative Council Unicameral 1907 Established under the Foreign Jurisdiction Act, 1843
Papua New Guinea Legislative Council Unicameral 1951 1963
Portugal Portuguese Guinea Legislative Council Unicameral 1963 1972 Became the Legislative Assembly
Portugal Portuguese West Africa Legislative Council Unicameral 1922 1972 Abolished between 1926 and 1955
United Kingdom Province of Canada Legislative Council Upper House 1841 1867
 Romania Legislative Council Consultative 1923 1948 Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
 St Kitts-Nevis-Anguilla Legislative Council Unicameral 1832[3] Established under instructions to the governor
 St Lucia Legislative Council Unicameral 1832 1967[7] Established under the prerogative
 St Vincent Legislative Council Unicameral Established by an act of parliament
 Seychelles Legislative Council Unicameral 1962 1970 Established under the prerogative
Sierra Leone Legislative Council Unicameral Established under the British Settlements Act, 1843
 Solomon Islands Legislative Council Unicameral 1960 1970
 Southern Rhodesia Legislative Council Unicameral 1898 1923 Established under the prerogative
 Straits Settlements Legislative Council Unicameral 1866 Established by an act of parliament
 Singapore Legislative Council Unicameral 1946 1953
 Swaziland Legislative Council Unicameral 1964 1967 Established in the Constitution of 1964
 Trinidad and Tobago Legislative Council Unicameral 1925 1961 Established under the prerogative
 Tanganyika Legislative Council Unicameral Established under the Foreign Jurisdiction Act, 1843
 Turks and Caicos Islands Legislative Council Unicameral 2006
 Uganda Legislative Council Unicameral 1920 1962 Established under the Foreign Jurisdiction Act, 1843
United Kingdom Upper Canada Legislative Council Upper House 1791 1841
 Zaire Legislative Council Unicameral 1972 1990
Defunct sub-national legislative councils
Country Region Body Type Established Disestablished Notes
 Australia Queensland Legislative Council Upper House 1860 1922
 British India Bengal Legislative Council Upper House 1861 1947 Unicameral until 1937
 British India Eastern Bengal and Assam Legislative Council Unicameral 1906 1912
 Canada Manitoba Legislative Council Upper House 1870 1876 First province to eliminate upper chamber.
 Canada New Brunswick Legislative Council Upper House 1785 1891
 Canada Nova Scotia Legislative Council Upper House 1838 1928
 Canada Prince Edward Island Legislative Council Upper House 1773 1893
 Canada Quebec Legislative Council Upper House 1867 1968 Last province to eliminate upper chamber.
 India Assam Legislative Council Upper House 1935 1969
 India Bombay Legislative Council Upper House 1861 1960 Unicameral until 1935
 India Cochin Legislative Council Unicameral 1925 1949
 India Jammu and Kashmir Legislative Council Upper House 1957 2019
 India Madhya Pradesh Legislative Council Upper House 1956 1969
 India Punjab Legislative Council Upper House 1956 1969
 India Tamil Nadu Legislative Council Upper House 1956 1986
 India West Bengal Legislative Council Upper House 1952 1969
 United States Delaware Legislative Council Upper House 1776 1792
 United States Florida Territory Legislative Council Bicameral 1822 1845
 United States New Jersey Legislative Council Upper House 1776 1844
 United States South Carolina Legislative Council Upper House 1776 1778

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.[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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  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. ^ a b c d e f g 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. ^ "Saint Lucia - Access Government". Saint Lucia - Access Government.
  8. ^ a b c 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.
  9. ^ a b 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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