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Abstract

Bicameralism is one of the most salient features of the legislative power in the Kingdom of Bahrain since its constitutionalization in 2002. This article addresses the question of the relevance of bicameralism in geographically limited countries such as Bahrain. While the use of this system is justified in different ways according to the legal schools and the historical context of countries as well as their territorial and political structure, the reference documents that have marked the constitutional landscape of the Kingdom since 2002 link the choice of bicameralism to a functional and technical justification, which is in this case legislative performance. The Bahraini constitution of 2002 thus createdan upper chamber sharing the legislative power with the elected chamber. This article first seeks to highlight the characteristics and rationales of bicameralism in Bahrain, in particular its close connection with legislative performance in a context where the quality of laws has become a major requirement for policy development and governance. The second part deals with the modus operandi of the legislative process as reflected in the Bahraini parliament’s internal organization. This will consist of examining successively the law-making balance established between the two chambers, the specific configuration of the Shurah Council whose composition is distinct and whose legislative jurisdiction is identical to that of the elected chamber, as well as the law-making process within the second chamber. The article finally draws conclusions on the Bahraini bicameral model, which is characterized by its flexibility, efficiency and accurate regulation of the law-making process, and provides recommendations whose implementation is likely to contribute to the improvement of the legislative performance in Bahrain.

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