whether or not to pass a Bill or whether or not to amend it, the Senate can delay the Bill for 90 days only. After that time, the House of Assembly can resolve to overrule the Senate and send the Bill to the President for assent. • The House of Assembly also has the ultimate say in whether Parliament will accept Parliamentary Legal Committee adverse reports on statutory instruments. If there is to be a Senate in the new constitution, and if most of its members are to be elected by ordinary voters, its legislative powers should probably be equal to that of the lower House; in other words, it should have the same power as the lower House to initiate, amend and reject Bills, including money bills. 3. Membership of the Legislature Should all the members be elected? Ever since Independence some members of the legislature have been appointed by the President: • In the original Lancaster House constitution, six senators were appointed by the President on the advice of the Prime Minister, but there were no appointed members of the House of Assembly. • When the Senate was abolished in 1989 by Constitution Amendment No. 9, provision was made for the unicameral Parliament to have among its members eight Provincial Governors appointed by the President and an additional 12 presidential appointees. • Now that the Senate has been reinstated, it contains 10 Provincial Governors appointed by the President and five other appointed members. In addition the GPA has added further appointed members in the form of Vice-Presidents, the Prime Minister, Deputy Prime Ministers and their proxies and these additional appointees are spread between the two Houses. The appointment of members of the legislature by the President goes against the doctrine of separation of powers, under which none of the three branches of government should control or unduly influence the others. In the new constitution, therefore, neither the President nor the Prime Minister (if there is one) should have power to appoint members of the legislature. All the members should be elected. How they should be elected will be dealt with in another paper which will consider electoral systems. One point should be made here, however: if there is to be a Senate, there should be some differentiation between the election of senators and the election of members of the other chamber, otherwise the Senate will be a clone of the lower chamber. This differentiation may be achieved in either of two ways: • By making the electorate different for senators and members of the other chamber. For example, senators could be elected on a provincial basis while members of the other chamber are elected on a constituency basis. Alternatively, some senators could be elected by institutions such as universities (which is the case in Ireland), professional associations or other bodies representing important sectoral interests such as women, chiefs, disabled, etc. • By providing different electoral systems for the two chambers. For example, senators might be elected on a proportional representation system and members of the other chamber on a first-past-the-post basis. 50