A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for example, the European Parliament), national (for example, the United States Congress), regional (for example, the National Assembly for Wales), or local (for example, local authorities).
Overview
The political theory of the separation of powers requires legislators to be independent individuals from the members of the executive and the judiciary. Certain political systems adhere to this principle, others do not. In the United Kingdom, for example, the executive is formed almost exclusively from legislators (members of Parliament) although the judiciary is mostly independent (until reforms in 2005, the Lord Chancellor uniquely was a legislator, a member of the executive – indeed, the Cabinet – and a judge, while until 2009 the Lords of Appeal in Ordinary were both judges and legislators as members of the House of Lords, though by convention they did not vote in the House until retirement).
In continental European jurisprudence and legal discussion, “the legislator” (le législateur) is the abstract entity 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. A study of 35 attorneys shows that more than half of the legislators may have conflict of interest over legislative matters and the interests of the firms they present.
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
- Assembly: Member of the Assembly
- Legislature: Member of the Legislature
- Congress: Member of Congress
- 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.
By country
This is an incomplete list of terms for a national legislator:
| Country | Title | Legislature |
|---|---|---|
| نواب (“Député”) | People’s National Assembly | |
| Diputado Nacional | Chamber of Deputies | |
| Diputado provincial | Several provincial Chambers of Deputies | |
| Дэпутат (“deputat”) | House of Representatives | |
| Provincial executive member: Gedeputeerde (nl) / Député (fr) / Deputierter (de) | Deputation / Provincial College (provincial executive body) | |
| In French, député is sometimes also used to denote a member of parliament. | Chamber of Representatives or a regional parliament | |
| Diputado | Chamber of Deputies | |
| Deputado estadual | Legislative Assemblies | |
| Deputado federal | Chamber of Deputies | |
| Депутат(Deputat)l | National Assembly (Bulgaria) | |
| Senator | Senate of Canada | |
| Member of Parliament (M.P.) | House of Commons of Canada | |
| Diputado | Chamber of Deputies | |
| Deputy (人大代表) | National People’s Congress | |
| Diputado | Departamental Assemblies | |
| Diputado | Asamblea Legislativa | |
| Diputado | Chamber of Deputies of the Dominican Republic | |
| Asambleísta (before 2007, diputado) | Asamblea Nacional de la República del Ecuador | |
| Diputado | Asamblea Legislativa | |
| Député | National Assembly | |
| Diputado | Congreso de la República de Guatemala | |
| People’s Deputy | States of Guernsey | |
| Député | Chamber of Deputies (Haiti) | |
| Diputado | National Congress of Honduras | |
| Member of Parliament | Loksabha | |
| مجلس شورای اسلامی | Islamic Consultative Assembly (Iran) | |
| Senators / Seanadóirí | Seanad Éireann | |
| Teachtaí Dála (T.D.) | Dáil Éireann | |
| Deputato | Camera dei Deputati | |
| Deputy | States of Jersey | |
| Депутат (“deputat”) | Majilis | |
| Deputāts | Saeima (Parliament) | |
| Député/النواب (Nuwwab, or deputy) | Parliament | |
| Deputéierten / Député | Chambre des Députés/d’Chamber (Chamber of Deputies) | |
| Diputado | Camara de Diputados | |
| Gedeputeerde | Gedeputeerde Staten (European Netherlands) | |
| Eilandgedeputeerde | Bestuurscollege (Caribbean Netherlands) | |
| Diputado | Asamblea Nacional | |
| Deputy (대의원; taeŭiwŏn) | Supreme People’s Assembly | |
| Diputado | National Assembly | |
| Diputado | Chamber of Deputies of Paraguay | |
| Deputado | Assembly of the Republic | |
| Deputat | Camera Deputatilor | |
| Депутат (“deputat”) | State Duma and regional legislative bodies | |
| Deputy | Federal Parliament | |
| Diputado | Congress of Deputies | |
| People’s Deputy of Ukraine (Депутат) | Verkhovna Rada | |
| Lords Spiritual and Lords Temporal | House of Lords | |
| Member of Parliament (M.P.) | House of Commons of the United Kingdom | |
| Senator | United States Senate | |
| Representative; Congressperson | United States House of Representatives | |
| Diputado | Chamber of Representatives | |
| Diputado | National Assembly of Venezuela |
Substitute legislator
Some legislatures provide each legislator with an official “substitute legislator” who deputises for the legislator in the legislature if he or she is unavailable. Venezuela, for example, provides for substitute legislators (diputado suplente) to be elected under Article 186 of its 1999 constitution. Ecuador and Panama also have substitute legislators.
