As noted earlier, rather than attack or defend bicameralism
, we will argue in favour of attributing to a democratically reconstituted Senate the primary responsibility of reviewing the constitutionality of legislation.
138) In either case, the solution would be reached through the normally established constitutional process of bicameralism
and presentment rather than by judicial fiat.
Though at a doctrinarian level the controversy bicameralism
--unicameralism with regard to the Romanian constitutional system is still very much real and continuous --arguments with concern to bicameralism
(for further details see Attila, 2007: 146-54; Muraru and Muraru, 2005: 1-10; Tocqueville, 1992: 136-137; Duculescu, 2000: 19-24; Sartori, 2008: 249-256) being advanced both pro, i.
The important point for the theory of bicameralism
is that the upper chamber be organized on the basis of an approach to representation different from that used in the lower chamber, thus allowing the former to become a chamber where underrepresented groups may have their interests advanced in the process of reviewing the activities of the latter (152).
is an instance of there being a division of power as well as checks and balances.
5 Its commitments to bicameralism
and establishment of three separate branches of government, as will be seen below, mirror nearly the entirety of state constitutions.
The Constitution plainly requires that both houses of Congress must "pass" a bill in order for it to become a law, (26) but does this bicameralism
requirement, set forth in Article I, Section 7, encompass a duty on the part of both houses to take the exact same vote?
If enhanced presidential power seems too scary, then the solution might lie in reducing, if not eliminating, the president's power to veto legislation and to return to true bicameralism
, instead of the tricameralism we effectively operate under.
Huber and Shipan also expect that discretion will expand in the case of bicameralism
(relative to that in parliamentary democracies), but the president's last-mover status means he can still see the value of shaping the bureau and pulling policy outcomes closer to his own ideal point.
Referring to the importance of bicameralism
and the significance of the second chamber in Parliamentary democracies, he said legislative councils widen political participation in our society.
417, 439 (1998) (enforcing the Bicameralism
and Presentment Clauses strictly); Buckley v.
Under Article I of the Constitution, legislative acts require bicameralism
and presentment--the concurrence of both houses of Congress and presentation before the president for his signature or veto, the latter of which could be overturned by super-majorities in both legislative chambers.