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Practice

Bicameralism or Unicameralism

A Case of the United Kingdom and Uganda

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords unicameralism, bicameralism, legislative system of Uganda, legislative system of the UK
Authors Esther Majambere
AbstractAuthor's information

    This article discusses the advantages and disadvantages of a unicameral legislative system and that of a bicameral legislative system. A unicameral legislature has one chamber whereas a bicameral legislature has two chambers as this article shows in detail.In any democratic state, Parliament is the only organ given power to make laws. Most Constitutions define legislation as the central function of parliament. This is supported by its very name ‘the Legislature’. The law making processes in a unicameral legislature are more less the same as those in a bicameral legislature as this article discusses. The only difference is that in a bicameral system the law has to be approved by both chambers. The article therefore explores whether the second chamber is necessary.Bicameralism seems to work best in countries that are larger or socially and ethnically diverse. It helps to resolve regional conflict. In some countries with a bicameral legislative system, the upper house is used as a way of reserving representation for certain societal groups and or to replace a further check on the power of the Lower House. The Parliament of UK is a bicameral legislature with the House of Lords (upper house) and the House of Commons (lower house). The House of Lords includes two different types of members- the Lord Spiritual (the senior bishops of the Church of England) and the Lords Temporal (members of the peerage upper ranks of the British nobility) elected by the population at large, but are appointed by the sovereign on the advice of the Prime Minister. The House of Lords also performed a judicial role through the Law Lords prior to the opening of the Supreme Court. In theory, supreme legislative power is vested in the Queen-in-Parliament; in practice real power is vested in the House of Commons, as will be discussed in this article. Therefore how many chamber a parliament should have is a controversial question in constitutional law.


Esther Majambere
Esther Majambere is a Senior Legal Officer at the Uganda Law Reform Commission in Kampala, Uganda.
Practice

When the Package Holiday is Not Realized

A Piece of EU Consumer Law under Review

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords package holiday, consumer law, contract law
Authors Dr. Josep M. Bech Serrat
AbstractAuthor's information

    When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ‘deficit’ will be covered by means of ‘vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules.


Dr. Josep M. Bech Serrat
Dr. Josep M. Bech Serrat is Lecturer in Civil Law at Tourism School, University of Girona.
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