Upper house

As an upper house or First Chamber (English House of Lords, or upper house, french chambre haute ) is called in a bicameral chamber mostly those of a parliament that is not a general representation of the people. Historically, it was mostly a representation of the objects, such as nobility or clergy; Nowadays, these are often a representation of the member states ( " Bundesrat "). They are referred to in many states as Senate, Council, Mansion. The opposite her, second chamber is accordingly the House.

• 3.1 Oberhäuser today

Term

Historically

Historically, the upper house was the one chamber of parliament, are represented in the nobility, clergy and universities. The privileges of the nobility, which were reflected in these rules, are also reflected in the title: Just as the needle was in the former idea of ​​the common people, the House of Lords was the upper chamber in which the "important" people were represented. Accordingly, we spoke of the Upper House as a first chamber.

Scientific policy

In political science modern two- chamber system, however, is partly used another ( diametrically opposite ) definition for the description: The type of a parliamentary chamber described here is referred to as a "second chamber " as the upper house usually is nowadays the less powerful chamber. In addition to the historical upper houses described above are listed here as features that this " second chamber " usually occupied disproportionately more than the other chamber to represent certain interests stronger. These are often regional or federal nature. Bicameral systems exist for this reason, especially in large states.

Principle

In the two- chamber system, the First Chamber ( in the above historical perspective ) to implement the following principles:

• The feudal ( monarchical or manorial ) or clerical ( church ) principle;
• The federal ( federal ) or municipal ( based on districts or municipalities) principle;
• The professional and propertied permanent or socio-economic principle.

Theory and historical background

The majority of the Houses of Lords bears in their respective names one of the designations " Senate " or "Council" shall. 4f. Language History can be so close to the historical emergence of the second chambers and on them the envisaged tasks. The name of the Senatus, the ancient Roman Senate, is derived from the Latin word senex, which translates approximately as " old man ". The senatus should therefore be an organ of the wise old men who gave their advice: prudent and moderate. To build upon this prudence defined by the philosopher James Harrington in 1656 the task of a second chamber in order to " advise and develop legislative proposals over which, after the [ ... ] to decide the House of Representatives ": 6

This idea of ​​a Senate with an exclusive right of initiative changed over time. One aspect, however, can also be found in recent writings: the prudence. An allegation that is made of democracy from time to time, is the assertion that she was basically a dictatorship of the majority. In many Demokratieverständnissen therefore also more consensus-oriented decision-making plays a role. For example, writes political scientist Heidrun Abromeit: " equate democracy with the simple majority rule is justified by nothing but impatience. " In this sense, John Stuart Mill saw in the 19th century, the need for a second chamber of parliament to " a willingness to compromise " and to increase concessions.

A second chamber should therefore serve to protect minorities or special interests. These minorities can about sized (as in the British House of Lords), professional (as in the Irish Seanad ) or even be ethnic. However, most often the second chambers form from territorial interests.

Oberhäuser today

The institution of the House of Lords is now in federal systems significantly established and accepted as a purely unitary states. 11 ​​This has led in the past to several releases of existing chambers; such as in Denmark, New Zealand and Sweden. 15 In other countries, is thinking about abolishing. New Chambers emerged is almost exclusively used in the successor states of the Soviet Union, of which about half is federally organized. 15

However, currently has about a third of all parliamentary democracies, a House of Lords. The question of taking what roles these chambers in political systems is, therefore, currently being discussed in political science.

Examples

Examples of existing upper houses are the British House of Lords, the Austrian Federal Council, the Swiss Council of States, the Senate of the United States, the French Senate and the first chamber of the Dutch States-General ( " Senaat ").

The German Bundesrat is of constitutional law is not subject to parliamentary chamber, since he is bound by instructions from state government officials ( and thus more likely with the EU Council of Ministers is comparable ) and an independent constitutional body represents. However, he is treated in political science analytically as a first chamber.

The 1848/1849 established Prussian Parliament had two chambers. In 1855 they were renamed: the first called henceforth the mansion, the Second House of Representatives. After the revolution of 1918 was out of the mansion, the State Council, similar to the later Imperial Council, and from the House of Representatives of the Parliament.