Legislative session

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A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections. In each country the procedures for opening, ending, and in between sessions differs slightly.

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Common procedure

Historically, each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to their constituencies. 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 respective electoral districts (sometimes called ridings) 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 a legislative calendar, which lays out how bills will proceed before a session ceases, athough 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. no general election takes place and all Members of Parliament thus retain their seats. In many legislatures, prorogation causes all orders of the body – bills, motions, etc. – to be expunged.[1] 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 bills may be carried over from one legislative session to the next.

This break takes place so as to prevent the upper house from sitting during an election campaign 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. Governments today end sessions whenever it is most convenient, and often, a new session will begin on the same day that the previous session ended. In most cases, when parliament reconvenes for a new legislative session, the head of state, or a representative thereof, will address the legislature in an opening ceremony.

In both parliamentary and presidential systems, sessions are referred to by the name of the body and an ordinal number – for example, the 2nd Session of the 39th Canadian Parliament or the 1st Session of the 109th United States Congress.

Procedure in Commonwealth realms

A depiction of the parliament of England in session, with King Edward I presiding, c. 1300
The parliament of Canada just prior to Queen Elizabeth II's opening of the 1st Session of the 23rd Parliament, 14 October 1957

In Commonwealth 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 the Crown-in-Council or the expiry of a legally mandated term limit. Each session begins with a speech from the throne, read to the members of both legislative chambers either by the reigning sovereign or a viceroy or other representative. Houses of parliament in some realms will, following this address, introduce a pro forma bill as a symbol of the right of parliament to give priority to matters other than the monarch and his or her words (always written by the cabinet of the day).[2]

Bills are numbered within each session; in Canada, for example, each period's government House Bills are numbered from C-2 to C-200 (for the House of Commons) and S-2 to S-200 (for the Senate), returning again to C-2 and S-2 following a prorogation (C-1 and S-1 always being the aforementioned pro-forma bill).

In the parliament of the United Kingdom, prorogation is 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[3]— but rarely delivers it in person, Queen Victoria being the last to do so. Instead, the speech is presented by the Lords Commissioners and read by the Leader of the House of Lords. When King Charles I dissolved the Parliament of England in 1628, after the Petition of Right, he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances.

In the British and Canadian parliamentary systems, the legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne, called in the UK the legislative programme, and remain in recess until the monarch, governor-general, lieutenant governor, or governor summons parliamentarians again. In Canada, however, prorogations have triggered speculation that they were advised by the sitting prime minister for political purposes: for example, in the 40th Parliament, the first prorogation occurred in the midst of a parliamentary dispute, in which the opposition parties expressed intent to defeat the minority government, and the second was suspected by opposition Members of Parliament to be a way to avoid investigations into the Afghan detainees affair and triggered citizen protests.[4][5] Similarly, the provincial legislature for Ontario in Canada was prorogued in October 2012 under similar circumstances, and is alleged to have happened to avoid scrutiny on a number of issues.[6]

Probably the most prominent case of alleged abuse of prorogation in recent United Kingdom history was the short session of Parliament convened in September and October 1948, which included a King's Speech on 14 September 1948 and prorogation on 25 October. The Labour government of Clement Attlee used this tactic to ensure a more rapid enactment of the Parliament Act 1949 which reduced the powers of the House of Lords.

Procedure in the United States

In the United States, some state legislatures meet only part of the year. If business arises that must be addressed before the next regular session, the chief executive (like the governor) may call a special session.

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