Legislative session

This article is about sessions in the context of a legislature. For sessions in other deliberative assemblies, seeMeeting (parliamentary procedure).

Alegislative sessionis the period of time in which alegislature,in bothparliamentaryandpresidential systems,is convened for purpose oflawmaking,usually being one of two or more smaller divisions of the entire time between two elections. A session may last for the full term of the legislature or the term may consist of a number of sessions. These may be of fixed duration, such as a year, or may be determined by the party in power. In some countries, a session of the legislature is brought to an end by an official act ofprorogation,in others by a motion toadjournsine die.In either event, the close of a session generally brings an end to all unpassed bills in the legislature, which would have to be introduced anew to continue debate in the following session.

Common procedure

Historically,each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to theirconstituencies.In more recent times, development in transportation technology has permitted these individuals to journey with greater ease and frequency from the legislative capital to their respectiveelectoral districts(sometimes calledridings,electorate, division) for short periods, meaning that parliamentary sessions typically last for more than one year, though the length of sessions varies. Legislatures plan their business within alegislative calendar,which lays out howbillswill proceed before a session ceases, although related but unofficial affairs may be conducted by legislators outside a session or during a session on days in which parliament is not meeting.

While a parliament is prorogued, between two legislative sessions, the legislature is still constituted – i.e. nogeneral electiontakes place and allMembers of Parliamentthus retain their seats. In many legislatures, prorogation causes all orders of the body – bills,motions,etc. – to be expunged.Prorogations should thus not be confused with recesses, adjournments, or holiday breaks from legislation, after which bills can resume exactly where they left off. In the United Kingdom, however, the practice of terminating all bills upon prorogation has slightly altered;public billsmay be re-introduced in the next legislative session, and fast-tracked directly to the stage they reached in the prorogued legislative session.

A new session will often begin on the same day that the previous session ended. In most cases, when a parliament reconvenes for a new legislative session, thehead of state,or a representative thereof, will address the legislature in anopening ceremony.

In bothparliamentaryandpresidential systems,sessions are referred to by the name of the body and anordinal number– for example, the2nd Session of the39th Canadian Parliamentor the1st Session of the109th United States Congress.

Purposes

Governments today end sessions whenever it is most convenient, but a "good faith exercise of the power" to prorogue parliament does not include preventing it from frustrating the prime minister's agenda.When the Parliament of theKingdom of Italyconquered the power to decide on its recalling, the MP Modigliani spoke of acoup d'état,if the right to prorogue or close the session was exercised immediately after Parliament had recalled itself.

During theelectoral campaign,this break takes place so as to prevent theupper housefrom sitting and to purge all upper chamber business before the start of the next legislative session. It is not uncommon for a session of parliament to be put into recess during holidays and then resumed a few weeks later exactly where it left off.

Procedure in Commonwealth realms

A 16th-century depiction of theparliament of Englandin session, withKing Edward Ipresiding

InCommonwealth realms,legislative sessions can last from a few weeks to over a year; between general elections; there are usually anywhere from one to six sessions of parliament before a dissolution by either theCrown-in-Councilor the expiry of a legally mandated term limit. Each session begins with aspeech from the throne,read to the members of both legislative chambers either by the reigning sovereign or aviceroyor other representative. Houses of parliament in some realms will, following this address, introduce apro formabillas a symbol of the right of parliament to give priority to matters other than the monarch's speech (always written by thecabinetof the day).

United Kingdom

Main article:Prorogation in the United Kingdom

In theparliament of the United Kingdom,prorogationis immediately preceded by a speech to both legislative chambers, with procedures similar to the Throne Speech. The monarch usually approves the oration—which recalls the prior legislative session, noting major bills passed and other functions of the government—but rarely delivers it in person,Queen Victoriabeing the last to do so. Instead, the speech is presented by theLords Commissionersand read by theLeader of the House of Lords.WhenKing Charles Idissolved theParliament of Englandin 1628, after thePetition of Right,he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances.

Australia

Main article:Section 5 of the Constitution of Australia

Prior to 1977, it was common for thefederal Parliamentto have up to three sessions, with Parliament being prorogued at the end of each session and recalled at the beginning of the next. This was not always the case, for instance the 10th Parliament (1926–1928) went full term without prorogation. The practice of having multiple sessions in the same parliament gradually fell into disuse, and all parliaments from 1978 to 2013 had a single session. (There were only four prorogations since 1961, twice to allow the visiting Queen to "open" Parliament, once after the1967 deathof Prime MinisterHarold Holtand for political reasons in 2016.) Since 1990, it has been the practice for the parliament to be prorogued on the same day that theHouse is dissolvedso that the Senate will not be able to sit during the election period.

However, on 21 March 2016, Prime MinisterMalcolm Turnbullannounced that the44th Parliament,elected in 2013, would be prorogued on 15 April and that a second session would begin on 18 April.Prorogation is now a procedural device, the effect of which is to call the Parliament back on a particular date (especially the Senate, which the government did not control), and to wipe clean all matters before each House, without triggering an election.

Canada

Main article:Prorogation in Canada

In theParliament of Canadaand its provinces, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne (called thelegislative programmein the UK). It remains in recess until the monarch,governor general,orlieutenant governorsummons parliamentarians again. Historically, long prorogations allowed legislators to spend part of their year in the capital city and part in their homeridings.However, this reason has become less important with the advent of rapid transcontinental travel.

More recently, prorogations have triggered speculation that they were advised by the sittingprime ministerfor political purposes: for example, in the40th Parliament,the first prorogationoccurred in the midst ofa parliamentary dispute,in which the opposition parties expressed intent to defeat the minority government, and thesecondwas suspected by opposition Members of Parliament to be a way to avoid investigations intothe Afghan detainees affairand triggeredcitizen protests.In October 2012, the provincial legislature ofOntariowas prorogued under similar circumstances, allegedly to avoid scrutiny of the provincial Government on a number of issues.

Bills are numbered within each session. For example, in the federalHouse of Commonseach session's government bills are numbered from C-2 to C-200, and the numbering returns again to C-2 following a prorogation (Bill C-1is apro-formabill).

Procedure in the United States

United States Congress

See also:Procedures of the United States Congress

TheCongressis renewed every two years as required by theUS Constitution,with all members of the House of Representatives up for reelection and one-third of the members of the US Senate up for reelection. (Senators serve a six-year term; House members serve a two-year term). Each Congress sits in two sessions lasting approximately one year. Thus, the 1st session of the 114th Congress commenced on January 3, 2015, and the 2nd session commenced on January 3, 2016, with the same members and no intervening election. All legislative business, however, is cleared at the end of each session. It is common for bills to be reintroduced in the second session that were not passed in the first session, and the restrictions on reconsideration only apply to a single session.

When the leaders of the majority party in each house have determined that no more business will be conducted by that house during that term of Congress, a motion is introduced toadjournsine die,effectively dissolving that house. Typically, this is done at some point after the general congressional election in November of even-numbered years. If the party in power is retained, it may happen as early as mid-November and members return to their districts for the holiday season. However, when the party in power is ousted or if important business, such as approval ofappropriation bills,has not been completed, Congress will often meet in alame-duck session,adjourning as late as December 31, before the newly elected Congress takes office on January 3.

State legislatures

In theUnited States,moststate legislatures,most of which are part-time paid legislatures with a set stipend, meet only part of the year. State constitutions, statutes or legislative rules may set deadlines for adjournmentsine dieper session or term, depending on whether a state constitution defines entire time allowed for a session as "legislative days" (any day from when either house meets quorum until the speaker gavels the body into adjournment) or "calendar days" (any specific 24-hour day on the Gregorian calendar). Constitutional limits on the length of sessions may lead legislative leaders to change rules or pass statutes which define a day on the legislative calendar, such as extending a calendar day beyond 24 hours or defining what legislative business counts against a maximum number of legislative days.

Depending upon limitations of the state's constitution, if business arises that must be addressed before the next regular session, thegovernormay call aspecial session.In many states, a special session may be called by petition from two-thirds of both houses.

The few state legislatures which meet year-round, with the exception ofNorth Carolina,are usually full-time paid legislatures.

Other countries

• TheFrench Parliamenthas met, since 1995, in a single ordinary session, which begins on the first working day of October and ends on the last working day of June. The convening of an extraordinary session of the French Parliament can only take place between July and September, and only at the request of thePrime Ministeror the majority of the members of the National Assembly. It is a presidential decree which opens and closes the session(s) of this kind
• TheAssembly of the RepublicofPortugalsits from September 15 to June 15. The decision on calling a special session falls to the permanent committee of the Assembly, or to the President, but only for specific questions.
• TheCortes Generalesof the Kingdom ofSpainhave two ordinary sessions during the year: from September to December, then from February to June. The holding of an extraordinary session takes place at the request of the Permanent Deputation, of the government or the absolute majority of deputies and/or senators.
• TheParliamentofRwandahas three ordinary sessions, of two months each: the first session begins on February 5, the second on June 5, and the third on October 5.
• Finlandleaves total freedom to itsParliamentto choose the dates of its ordinary session.
• In Japan, only thecabinetcan call theDietinto extraordinary session. However, it is required to do so if a quarter or more of the deputies or councilors so request

External links

• Video of Prorogation
• Canada. House of Commons. Procedure Online