A legislator (also known as a deputy or lawmaker) is a person who writes and passes
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s, especially someone who is a member of a
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
. Legislators are often elected by the people of the state. Legislatures may be supra-national (for example, the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
), national (for example, the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
), or local (for example,
local authorities
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
).
Overview
The
political theory of the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
requires legislators to be independent individuals from the members of the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
and the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. Certain political systems adhere to this principle, others do not. In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, for example, the executive is formed almost exclusively from legislators (members of
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
) although the judiciary is mostly independent (until reforms in 2005, the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
uniquely was a legislator, a member of the executive - indeed, the
Cabinet - and a
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
, while until 2009 the
Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
were both
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s and legislators as members of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
, though by convention they did not vote in the House until retirement).
In continental European
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
and legal discussion, "the legislator" (''le législateur'') is the
abstract entity
In metaphysics, the distinction between abstract and concrete refers to a divide between two types of entities. Many philosophers hold that this difference has fundamental metaphysical significance. Examples of concrete objects include plants, h ...
that has produced the laws. When there is room for
interpretation, the intent of the legislator will be questioned, and the court is directed to rule in the direction it judges to best fit the legislative intent, which can be difficult in the case of conflicting laws or constitutional provisions.
Terminology
The local term for a legislator is usually a derivation of the local term for the relevant legislature. Typical examples include
* Parliament:
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
* Assembly: Member of the Assembly
* Legislature: Member of the Legislature
* Congress:
Member of Congress
A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The term member of parliament (MP) is an equivalen ...
* Senate: Senator
* House of Representatives: Representative
*The generic term "deputy" may also be used, deriving from the concept that the legislator is "deputising" for the electorate of his
electoral district
An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
.
By country
This is an incomplete list of terms for a national legislator:
Substitute legislator
Some legislatures provide each legislator with an official "substitute legislator" who deputises for the legislator in the legislature if the elected representative is unavailable.
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
, for example, provides for substitute legislators (''diputado suplente'') to be elected under Article 186 of its
1999 constitution.
Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ''Eku ...
,
Panama
Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Cos ...
, and the U.S. state of
Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
also have substitute legislators.
See also
*
List of legislatures by country
This is a list of legislatures by country. A "legislature" is the generic name for the national parliaments and congresses that act as a plenary general assembly of representatives and that have the power to legislate. All entities included i ...
References
External links
*
*
{{Authority control
*Legislature
Management occupations
Legal professions
Political occupations
Positions of authority