The principle of representation upon which the popular chambers rest is essentially the same almost everywhere. namely, apportionment according to the population, often with some re gard to geographical division. and choice by dis trict ticket. rather than the apportionment ac cording to classes of voters and choice by general ticket. A striking exception with respect to the principle of apportionment strictly according to population is afforded by the State of Connecti cut. The ratio of representation varies greatly. In the Congress of the United States it is one representative to every I94,000 inhabitants. in the German Empire one to every 131000. in Great Britain and Ireland (on an average) one to every 63.000, in France one to every 100,000, in Mexico one to every -10.000, and in Switzer land one to every 20,000. There is a great diver sity with respect to the principles of representa tion in the upper houses of the legislatures. In general, the representation is of classes or of territorial divisions. In the United States. France, Switzerland, Alexico. and Brazil. the House represents the individual States or the larger administrative units. In all of these except France the principle is equality of repre sentation without respect to size or population of the area represented. In Great Britain, Spain, Portugal, Italy, Austria, and Ilummry the prin ciple of class representation predominates, or. to speak more accurately, no general principle of representation exists. Germany has as a part of its legislature a body. known as the Bundesrat, which though in one sense an upper house. at the same time resembles a meeting of diplomatic rep resentatives of the several States of the Empire.
The source fromwhich the proceed is now substantially the same everywhere in the ease of the lower houses, namely, universal manhood suffrage. To this rule there are exceptions, as in Italy, where a complex system of qualifications (education, tax, rent) prevails: in Great Britain. where there is a household lodger franchise: and in the Netherlands, where the payment of a direct tax is required. So far as the upper houses are concerned, there is considerable variety in the source from which they proceed. In the United States and France the Upper House is chosen by indirect election; in Mexico, the Commonwealth of Australia. and Brazil it is chosen by direct election; in Germany and Switzerland it is ap pointed by the local governments. The British House of Lords consists of peers of the Mood royal, English bishops. English peers (hereditary and created by the sovereign). Scotch representa tive peers (elected for duration of Parliament), and Irish representative peers (elected for life). The constitution of the Austrian Herrenhaus and of the Hungarian Table of 3lagnates is in the main very similar to that of the British House of Lords. The composition of the Prussian Herren haus is somewhat more complex than that of the Austrian; included in its members are represen tatives of the large cities and of the universities. The Senate in Italy is composed of princes of the royal house and of an unlimited number of peers, nominated by the King for life. The members of the Senate of the Dominion of Canada are ap pointed for life by the Governor-General. Among the Commonwealths of the American Union the source of both houses is popular election.
The qualifications for members of the lower houses do not now differ greatly in the various modern States of the world. In general they are male sex; mature age, sometimes twenty-one years. although it is twenty-five in the United States, France. Germany. Spain. and Prussia. and thirty in Italy; citizenship. and residence in the State and sometimes in the district from which the member is chosen. The usual disqualifications are conviction of crime. bankruptcy. pauperism, and the holding of incompatible office at the same time. For eligibility to the upper houses there is usually a higher age qualification. the average being about thirty, although it is thirty five in Brazil, and forty in France and Italy. In Europe appointed members of the Upper House are usually required to be selected from certain professional, learned, or noble classes. Among the States of the American Union the qualifica tions for membership in both Houses are the same, usually mature age and citizenship.
There is substantial agreement throughout the United States and Europe as to the rights and privileges of legislative members. These are the right of each Ilouse to judge of the elections and qualifications of its own members, freedom from arrest during the session, except for treason or other high crimes, or unless the member is caught in the act of committing a crime; and freedom of debate without responsibility to any power except the chamber for words spoken or votes cast. There is not yet unanimity of opinion on the question of whether members of the Legislature should receive compensation. In the United States, Mexico. Brazil, and France the practice exists of granting compensation to members of both Houses, and in S•iterland, Belgian. and Prussia to members of the Lower House. In Great Britain, Germany, Italy, and Spain mem bers receive no compensation. In the American Commonwealths the practice is to grant a small salary or per diem allowance together with mile age (q.v.).
The tenure of legislative members varies great ly. In the upper chambers of the European legis latures it is generally for life or long periods of time, although in France it is nine years. and in Switzerland and Germany it depends upon the will of the local governments. As to the lower houses the tenures are usually for short periods of time, ranging from three years in Switzerland to seven in Great Britain. ln the United States it is six years for the Upper House and two fot the Lower; in Mexico it is four for the Upper House and two for the Lower; in Brazil it is nine for the Upper and three for the Lower. Frequent provision is made for a partial renewal of the upper houses. Among the individual States of the American Union the most common provision is a four-year tenure for the Senates and two years for the lower houses. In some States, how ever, annual elections of members of the Legisla ture are still held, although there is a decided tendency toward the adoption of the biennial method. Relative to the powers of the Legisla ture over its own assembling, opening. adjourn ment, prorogation, and dissolution. it may be stated as a general rule that in the American republics and in the commonwealths of the United States this right belongs to the legisla tures themselves, subject to certain provisions in the constitutions relative to the times of meeting and the length of the session. In the European legislatures, on the other hand, the more common rule is that these are prerogatives of the head of the State. To this rule, however, there are several exceptions and modifieations. So far as internal organization. discipline, and procedure arc concerned. the general rule is that each house shall be left to its own judgment sub ject to a few limitations prescribed by the con stitutions relative to publicity of procedure. the infliction of punishment on refractory members, and the organization of the chamber. There is a substantial agreement that a quorum for the transaction of business should be a majority of the legal number of members. In some States this is regulated by statute, and in others it is made a constitutional principle. This rule, how ever, is departed from in the case of the British Parliament and the German Bundesrat, in both of which cases the presence of a comparatively small number of members is sufficient to transact business.
So far as the frequency of legislative sessions is concerned. it may be stated as a general rule that national legislatures assemble annually. This is required by the Constitutions of the United States and France, while the demands of a complex and increasing civilization make it practically necessary everywhere.
Consult : Bryce, A m crican Commonwealth (New York, ISSS) ; Burgess, Political Science and COM paratice Constitutional La to (Boston, IS9G) ; Marquardsen, Handbuch des offentliehen Hcchts der Gegentrart (Freiburg, I SS3-94) ; De mombyties, Constitutions europeennes (2 vols., Paris, ISS4) ; and Poore, Charters and Consti tutions of the United States (2 vols., Washing ton, I 878 ) .
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