Legislator
A person who writes and passes laws, often as a legislator.
Wikipedia / Wikimedia Commons
A legislator, also called a lawmaker, is someone who drafts and enacts laws, typically as a member of a legislative body. Legislators are usually elected by the public, though they may also be appointed or inherit the position. Legislatures can operate at various levels: supra-national (like the European Parliament), national (such as Japan’s Diet), sub-national (within provinces), or local.
The principle of separation of powers holds that legislators should be distinct from members of the executive and judiciary, though not all political systems follow this. In the United Kingdom and other Westminster-style systems, the executive is drawn almost entirely from legislators (members of parliament), and the cabinet itself holds delegated legislative authority. In continental European legal thought, “the legislator” (le législateur) refers to the abstract entity that creates laws. When laws are ambiguous, courts seek the legislator’s intent, ruling in a way that best aligns with it—a task that can be complicated by conflicting laws or constitutional provisions.
Local titles for legislators usually derive from the name of their legislature. Common examples include: member of parliament (for a parliament), member of the assembly (for an assembly), member of the legislature (for a legislature), member of congress (for a congress), deputy (for a chamber of deputies), senator (for a senate), and representative (for a house of representatives). The generic term “deputy” is also used, reflecting the idea that the legislator acts on behalf of their electoral district’s voters.
Some legislatures provide official “substitute legislators” or “alternates” who step in when the elected representative is unavailable. For instance, Venezuela’s 1999 constitution mandates the election of substitute legislators (diputado suplente) under Article 186. Ecuador, Panama, and the U.S. state of Idaho also have such substitute legislators.
- field
- Lawmaking
- known_for
- Writing and passing laws as members of a legislature
- types
- Elected, appointed, or hereditary
- levels
- Supra-national, national, sub-national, local
Lore & Background
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 and other countries using the Westminster system, for example, the executive is formed almost exclusively from legislators (members of the parliament), and the executive Cabinet itself has delegated legislative power. 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.
Reader's Guide
Legislators are central to the creation of laws across various levels of governance, from supra-national bodies like the European Parliament to local councils. Their role is shaped by the political system in which they operate; for instance, in Westminster systems, legislators also form the executive, blurring the separation of powers. The concept of 'the legislator' as an abstract entity in continental European law highlights the importance of legislative intent in judicial interpretation. Some legislatures, such as those in Venezuela, Ecuador, Panama, and the U.S. state of Idaho, provide for substitute legislators to deputise when the elected representative is unavailable. The terminology for legislators varies by legislature—such as member of parliament, deputy, senator, or representative—reflecting the local name of the legislative body. Their significance lies in their direct role in shaping the legal framework that governs society, though their independence from other branches of government is not universally observed.
Did You Know?
- Legislators can be elected, appointed, or hereditary.
- In the Westminster system, the executive is formed almost exclusively from legislators.
- Some legislatures, such as Venezuela's, provide for substitute legislators to deputise when the elected representative is unavailable.
- The generic term 'deputy' derives from the concept that the legislator is 'deputising' for the electorate of their electoral district.
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