Regarding the position of Legislature, the situation remained really paradoxical in the 20th century. In almost all the states, the Legislatures remained working as the major instruments of law-making, custodians of the finances of the nation, as agencies of control over the executive, and as the representatives of the people. On the other hand, however, it was found that the Legislatures came to be dominated by the executives. Almost in all the states, the Legislatures suffered a loss of prestige and role due to the rise of powerful executives.
Reasons behind the Decline of Legislature. Several factors are responsible for the decline of Legislature:
Increased Burden of Work : The over-burdened Legislature of a contemporary welfare state is required to pass a very large number of laws most of which relate to highly technical spheres. The legislature finds itself living with paucity of time, resources and expertise, and hence has become dependent upon the executive. The latter has the potential to satisfy these needs of the legislature.
Rise of Delegated Legislation : The system of delegated legislation has considerably strengthened the hands of the executive. Every Legislature today, finds itself left with no other alternative except to delegate some of its law¬making powers to the executive. This has become inevitable because of the changes produced by the rise of industrial society and welfare state.
Role of Political Parties : Due to the emergence of political parties, the legislatures all over the globe have suffered a decline. First, because the parties have definitely limited the nature and scope of Legislative debates. The members of the legislature always speak as party-men and in accordance with the directives and interests of the parties to which they belong.
This has adversely affected the quality of the legislative debates. Secondly, the parties have made it possible for the leaders, the power-holders in the executive, to bank upon the committed support by the ‘majority’. The legislatures are under the control of the leaders, who in turn are arch-leaders. As a result of this, most of the Legislators are hardly in a position to assert their independence to any meaningful extent.
Rise of the Administrative State : The rise of the welfare state has been accompanied by a steep increase in the functions and responsibilities of the executive. The welfare state has given rise to the formulation of highly ambitious goals of socio-economic-cultural development. The people now accept and want the executive to run the administration as welfare administration and secure these goals. This has made it essential for the executive to take up new and newer responsibilities. Consequently, there has been a big increase in the quantity of work that the administration of the state has to handle. The modem state has in actual practice come to be an administrative state.
The System of Judicial Review: The system of Judicial Review has been a factor in the decline of legislature. The right of the courts to judge the constitutional validity of laws passed by the legislature and to reject those laws or such parts of the laws as are considered by them as unconstitutional has definitely lowered the prestige of the . legislature.
System of Direct Legislation: It states where the system of direct legislation prevails, the people acting through such devices as referendum and initiative, have the right to pass the final verdict on the fate of the bills passed by the legislature. Under such a system, the prestige of the elected assemblies has suffered a decline.
