Malcolm Rivera
A quorum refers to the minimum number of members required to be present to conduct business in a meeting or assembly. In the context of the Senate, the rules and requirements for a quorum can vary across different countries. For example, the U.S. Senate requires a majority of its members to be present to constitute a quorum, while the Australian Senate has set a quorum of one-quarter of its senators. In Canada, the quorum for the Senate is set at 15 members, and in New Zealand, there is no general quorum requirement for the House to conduct business. Understanding the specific rules and requirements for a quorum in a Senate setting is essential for ensuring the legitimacy and functionality of the legislative process.
| Characteristics | Values |
|---|---|
| Number of members required for a quorum in the US Senate | A majority of the elected members |
| Number of members required for a quorum in the Australian Senate | One-quarter of the total number of senators |
| Number of members required for a quorum in the Italian Senate | 7 members |
| Number of members required for a quorum in the New Zealand Parliament | No general quorum required |
| Number of members required for a quorum in the Philippines Congress | Half of the membership (13 in the Senate) |
| Number of members required for a quorum in the Turkish Grand National Assembly | One-third of the total number of members (184 out of 550) |
| Number of members required for a quorum in the German Bundestag | More than half of the members (369 out of 736) |
| Number of members required for a quorum in the Canadian House of Commons | 20 MPs |
| Number of members required for a quorum in the National Council of Austria | One-third of the representatives (33.3%) |
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What You'll Learn
Quorum-busting in the US Senate
Quorum-busting, also known as a walkout, is a tactic used by a minority group in a legislative body to prevent it from attaining a quorum, and to block the adoption of a measure they oppose. Quorum-busting is more likely to occur when the quorum is a supermajority, as quorums of a majority or less of the membership mean that the support of a majority of members is always sufficient for the quorum.
In the US, Article I, Section 5 of the Constitution allows each chamber of Congress to compel the attendance of absent members. The Senate's rules require a majority of members to be present to constitute a quorum. The Senate's rules also require a quorum to be present for the transaction of business, though a smaller number of members may adjourn from day to day and compel the attendance of absent members.
In the early years of the Senate, no rules were in place to enforce attendance. The Senate simply provided that no member may be absent without permission, and that the sergeant-at-arms could be sent to round up missing members, without arresting them. It was expected that senators would report themselves when their attendance was requested.
In 1877, in response to filibusters that employed quorum-busting tactics, the Senate adopted rules to enforce attendance. However, quorum-busting continued to be used as a tactic to prevent the adoption of legislation. In October 1893, for example, senators demanded a vote, but then refused to vote when the clerk called their names. This produced thirty-nine quorum calls in a forty-hour-long session, but only four votes. In 1897, the Senate agreed to a procedure that ended this delaying game.
In recent years, quorum-busting has continued to be used as a tactic in the US Senate. In 1988, for example, Oregon Republican Senator Robert Packwood was carried into the chamber by Capitol police in an attempt to establish a quorum on a campaign finance reform bill. In 2019, Republican state senators in Oregon made a series of walkouts in opposition to an emissions trading bill. In 2021, Democratic House Representatives in Texas fled the state to block the passage of a bill that would change voting rules.
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Quorum rules in the Australian Parliament
The quorum rules in the Australian Parliament are as follows: According to Sections 22 and 39 of the Australian Constitution, the quorum for sittings of the House of Representatives and the Senate is set at one-third of the total number of MPs and senators, respectively. However, the Parliament has the authority to modify the quorum for each chamber through standard legislation.
In the House of Representatives, the House of Representatives (Quorum) Act 1989 reduced the quorum requirement to one-fifth, which means that out of the current 151 MPs, a quorum is constituted by 31 members. On the other hand, the Senate (Quorum) Act 1991 amended the quorum for the Senate to one-quarter, resulting in a quorum of 19 senators out of a total of 76 senators. It's important to note that the person presiding, such as the Chair, is included in the quorum count.
At the beginning of a sitting, if the quorum is not met, bells are rung for five minutes, and a count is conducted. If the quorum is still insufficient, the sitting is adjourned until the next scheduled sitting day. During a sitting, any MP or senator can raise the issue of a lack of quorum, which triggers the bells to be rung for four minutes. If the quorum is still not met after that time, the sitting is adjourned.
While quorum-busting is uncommon in Australia, there have been instances of parties strategically using quorum counts as a disruptive tactic. To address this, there have been suggestions to implement rules restricting this practice. However, this is challenging due to the explicit mention of a quorum in the Constitution. It is considered inappropriate to call attention to quorum when one is already present, and members or senators who do so may face repercussions.
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Canadian House of Commons quorum
In Canada, the Constitution Act, 1867 sets a quorum for sittings of the House of Commons at 20 MPs (including the member presiding). This means that at least 20 members must be present for the House of Commons to conduct its business.
The quorum requirement for the House of Commons is not always strictly enforced. For instance, there is no need for a quorum to be present when the House is summoned to the Senate, as the House is not exercising any of its powers in such instances. Similarly, Commons debates could theoretically continue even with just one MP and the Speaker present. However, if a division is called and fewer than 40 MPs are present, a decision on the business being considered is postponed, and the House moves on to the next item.
Any member may request a count of members to ascertain the presence of a quorum. If a count is requested and reveals that fewer than 20 members are present, the Speaker orders bells to be rung, summoning other members to the Chamber. If, after a second count, a quorum is still not met, the Speaker must adjourn the House until the next sitting day.
Despite several attempts to increase the quorum to 30 or 50 members, the quorum has remained unchanged at 20 since Confederation.
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Italian Constitution quorum rules
The Constitution of the Italian Republic, which came into effect on 1 January 1948, establishes a bicameral system for the Italian Parliament, consisting of the Senato della Repubblica (Senate of the Republic) and the Camera dei Deputati (Chamber of Deputies). Article 64 of the Italian Constitution stipulates that a quorum for both houses of Parliament is an absolute majority of their membership. This means that a quorum is assumed to be present unless 20 members of the Chamber of Deputies or 7 members of the Senate request its presence to be verified.
The Italian legislative procedure outlines specific phases that a bill must go through before becoming a law. A bill must first be submitted by the Government, a deputy, a certain number of voters (for bills of popular initiative), the National Council of the Economy and Labor, or the Regional Councils. The bill is then assigned to the competent parliamentary committee for review and approval. This approval is subject to a high level of consensus within the committee, as well as from specific committees like the Constitutional, Budget, and Labor committees, and the Government. If certain conditions are met, the bill may be re-submitted to the Plenary for further examination.
During the examination phase, a committee prepares a draft bill for review by the Plenary, which must hold a final vote without making any amendments. Once both chambers of Parliament approve the identical text of the bill, the law is promulgated by the President of the Republic. This process is known as the "shuttle" or "navette," where the bill is transferred between the chambers until they approve the same version.
In the context of quorum rules, it is worth noting that the presence of a quorum is required for the Senate to transact business. However, a smaller number of members may adjourn from day to day and can compel the attendance of absent members. If a member requests a quorum call, a roll call is conducted, and if a majority of Senators answer, a quorum is deemed present. This roll call procedure is typically the first order of business in the morning.
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Congress of the Philippines quorum requirements
In the Congress of the Philippines, half of the membership is needed to constitute a quorum in the Senate and the House of Representatives. This means that 13 members of the Senate and 159 members of the House of Representatives are required to form a quorum.
The Congress of the Philippines is the national legislature of the Philippines, composed of an upper body, the Senate, and a lower body, the House of Representatives. The Senate is made up of 24 senators, with half of the senators being elected every three years, resulting in each senator serving a total of six years. The Senate meets at the GSIS Building in Pasay, while the House of Representatives, composed of 316 seats, meets at the Batasang Pambansa in Quezon City.
The vote requirements in the Congress of the Philippines vary depending on the context. In most cases, such as the approval of bills, only a majority of members present is needed. However, in certain cases, such as the election of presiding officers, a majority of all members, including vacant seats, is required.
The Congress of the Philippines has a bicameral structure, with each chamber having its own presiding officer. The Senate is led by a Senate President, while the House of Representatives is headed by a Speaker. Additionally, the Senate has a Senate president pro tempore, and the House has deputy speakers.
The quorum requirements in the Congress of the Philippines are essential for conducting legislative business. A quorum refers to the minimum number of members necessary to constitute a valid meeting or voting session. In the context of legislatures, a quorum is crucial for transacting official business and making decisions that represent the will of the majority.
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Frequently asked questions
A quorum in the US Senate is constituted by a majority of the elected members.
Quorum busting is a practice where senators deliberately avoid being present for a quorum call. This can be done to prevent a vote on legislation.
In Australia, quorum busting is rare but not unheard of. In the Australian Parliament, the quorum for the House of Representatives and the Senate is set at one-third of the total number of MPs and senators, respectively. However, quorum counts can be used disruptively, with parties drawing attention to the lack of a quorum to delay proceedings.
