Unit 3: Forms of Government Power Distribution

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Questions and Answers

What is the primary function of a judiciary system in a democracy?

To interpret and apply laws through specialized institutions (correct)

To attribute political functions solely to elected officials

To develop laws independently of the government

To oversee electoral processes and candidate selection

What reflects the judicialisation of politics?

Judicial independence from all forms of government influence

Separation of powers limiting judicial authority over legislation

Judicial institutions playing a lesser role in political disputes

Increased reliance on courts to resolve political disagreements (correct)

Which of the following is a challenge faced by the judiciary?

Balancing independence with accountability and neutrality (correct)

Ensuring judicial activists are elected into office

Reducing the number of cases before the courts

Maintaining executive control over judicial appointments

What is indicated by judicial activism?

Judges taking proactive roles in enacting laws Signup and view all the answers

What describes the ideal balance needed in a democratic judiciary?

Efficiency, independence, and accountability Signup and view all the answers

What is a key aspect of the organization of courts?

Specialization by subject matter and hierarchy of appeals Signup and view all the answers

Why do courts increasingly intervene in political matters?

To fill gaps where political institutions fail to address public needs Signup and view all the answers

Which model allows for direct citizen involvement in the judicial function?

Jury court system Signup and view all the answers

What is one advantage of monocameral systems over bicameral systems?

Greater efficiency in rapid decision-making Signup and view all the answers

What does asymmetrical bicameralism refer to?

When one chamber has more influence than the other Signup and view all the answers

What is typically the primary role of the lower house in a bicameral system?

Carrying more political weight Signup and view all the answers

How are members of parliamentary groups expected to behave?

To maintain a strict voting discipline Signup and view all the answers

What is one function of the legislature in a liberal democratic system?

To give legitimacy to the democratic system Signup and view all the answers

What aspect defines symmetrical bicameralism?

Both chambers possess equal powers Signup and view all the answers

Which role is typically performed by the presidency of the lower house?

To oversee the organization of parliamentary debates Signup and view all the answers

What primarily does the legislature have the authority to do regarding proposed legislation?

Approve, amend, or reject the proposals Signup and view all the answers

What is the primary function of courts in the political system?

To interpret and apply laws passed by parliament. Signup and view all the answers

Which statement highlights the challenge faced by the judiciary?

Rule application often leads to discrepancies in interpretation. Signup and view all the answers

Who is responsible for deciding the relevant rule in cases of conflict regarding law application?

Judges in courts. Signup and view all the answers

What do courts do when they face a conflict regarding the interpretation of rules?

They apply and interpret the laws in question. Signup and view all the answers

Why are courts important in the legal system?

They interpret laws and resolve conflicts regarding their application. Signup and view all the answers

What aspect can complicate political action related to judiciary functions?

State activities expanding into various areas. Signup and view all the answers

What is often the result of applying laws made by parliament to individual cases?

Conflicts over rule interpretation among actors. Signup and view all the answers

What role do courts NOT play within the political system?

Creating new legislative policies. Signup and view all the answers

Study Notes

Unit 3: Forms of Government: Functional Distribution of Power

This unit examines the division of powers within various forms of government.
The distribution of power has evolved from a concentrated sovereign monarch model to more distributed models.

Index

Horizontal Distribution of Power: The division of powers among different branches of government.
Constitutional Systems and State Traditions: Different models of constitutional design across nations.
Executive Power: The functions and structures of the executive branch.
Legislative Power: The functions and structures of the legislative branch.
The Judiciary: The functions and structures of the judicial branch.
Forms of Government: Various classifications and models, including board/assembly, parliamentary, semi-presidential, and presidential systems.

1. The Horizontal Distribution of Power: The Division of Powers

In early state models, power was concentrated in a monarch.
As social and economic complexity grew, resources and skills were distributed among government branches, including parliament, administrations, and courts.
The concept of self-controlled power or the division of powers emerged as distinct functions were emphasized in the division of powers.
Locke, Montesquieu, and the founding fathers of the USA impacted this system

1. The Horizontal Distribution of Power: The Division of Powers (II)

The legislative branch makes laws.
The executive branch implements laws.
The judicial branch interprets laws.
Separation of powers ensures the constitution dictates and authorises state actions, values, objectives, organise, and give stability to rulers, guarantee rights, and freedoms to the citizens, and provide legitimacy to political regimes.

1. The Horizontal Distribution of Power: The Division of Powers (III)

The executive is not just the executor of parliamentary decisions anymore, it's now a major driver of policy decisions that reflect citizen interests.
Parliament often acts as a confirmation body for executive legislative actions
The executive's actions are subject to scrutiny by parliament and courts to ensure they are aligned with acceptable standards.

2. Constitutional Systems and State Traditions (I)

Anglo-Saxon Model (United Kingdom):
- Unwritten constitution based on custom and convention.
- Common law determines the law.
- Regular elections with a two-party system promotes accountability.
- Formal parliamentarism leads to subordination of Parliament to the government (power of the prime minister).

2. Constitutional Systems and State Traditions (II)

Anglo-Saxon Model (United States):
- Short constitution with "checks and balances".
- Organization of Presidentialism
- Organization of federalism
- Bill of Rights (amendments).
- Adaptability (amendments)
- Role of the Supreme Court and the ordinary judge (checks on power).
- Fixed periodic elections.

2. Constitutional Systems and State Traditions (III)

Continental European Model (codification):
- Codified and detailed constitution.
- Constituent power is superior to legislative power.
- State based on law, including citizen rights.
- Ideologisation of constitutions (potential for inflexibility).
- Constitutional courts or councils.
- Alteration of the content (mutations) without changing the letter of the constitution.

3. Executive Power (I)

The executive is central to political activity and its history corresponds to the development of states;
In modern states, the executive often consists of two parts: the government and the head of State.

3. Executive Power (II)

Dual executives are common in European countries with a parliamentary tradition and some semi-presidential regimes.
Governments are responsible for promoting and coordinating major decisions and public administration;
Governments are accountable to parliament or a majority.

3. Executive Power (III)

The head of state is usually ceremonial, but its role can be more substantial in semi-presidential models (e.g., involving dissolution of parliament or influencing policy).

3. Executive Power (IV)

Monist executives (e.g., American Presidential systems, some African and Asian countries):
- The presidency is the central organ with both effective and symbolic functions.
- Presidency is directly elected, appoints ministers, but they don't form a collective body.

3. Executive Power (V)

Functions of the executive: -Policy initiative, implementation, and coordination - Direction and supervision of public services -Symbolic representation of continuity
- Crisis management
- Leadership and direction setting.

4. Legislative Power (I)

Parliaments are central to democratic systems, providing public space for various community interests.
Parliaments have symbolic importance, especially in liberal-democratic systems.
The transformations of contemporary politics, however, have lessened the effective influence of legislative bodies in policy-making.

4. Legislative Power (II)

Monocameralism (One house): Simpler, more democratic, better for quicker decision making.
Bicameralism (Two houses): Better for representing different interests and controlling government.
Symmetrical bicameralism : similar powers
Asymmetrical bicameralism : One chamber stronger than the other

4. Legislative Power (III)

The lower house usually has more political weight due to organization aspects
The division of labour (committees) is a structural aspect for efficiency.
Presidency (organization, debates).
Members grouped in parliamentary groups (voting discipline, spokespeople).
Committees and plenaries (focus on specific issues and final debates)

4. Legislative Power (IV)

To provide legitimacy and representation (formal capacity).
Influence the government through legislation promotion, amending, approval, or rejection
Control of government actions (especially in parliamentary systems): investiture and censure.

4. Legislative Power (V)

Perception crisis in parliaments: - Diversified positions and traditions make negotiations more difficult. - Stronger executives and cohesive majorities. - Expanding state responsibilities make the executive more complex. - Rise of the mass media's influence, personalising leadership and parliamentary issues.

5. The Judiciary (I)

Applying laws requires interpretation, potentially leading to discrepancies.
Courts can mediate the correct rule application and interpretation conflict resolutions.
In democracies, the judicial function is performed by specialized institutions (unipersonal or collegiate courts) like an adjudicator or adjudicating body.

5. The Judiciary (II)

The judiciary must be impartial and independent.
The judiciary can be politicised, compromising impartiality.
Judicial independence is related to citizens' freedoms.
Judicialisation of politics: increasing impact of courts on political decisions (judges can be independent yet not detached, neutral).
Courts need efficiency, impartiality, and accountability to the public

6. The Forms of Government (I)

Board or assembly models: The assembly dictates policy, and selects components of the executive (ex: Switzerland).
Parliamentary Models: Government survival depends on parliamentary majority support, and the executive can be held accountable.

6. The Forms of Government (II)

Semi-presidential models: Parliament and head of state share executive power, with head of state often directly elected; parliament can participate in forming and controlling government. France, Finland, Russia...
Presidential models: Parliament and executive are separate, independent entities, and people directly elect the executive (president). The executive can be held somewhat accountable, and some parliamentary review is needed; United States, Latin America, and so on.

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Description

Explore the functional distribution of power within various forms of government. This unit covers the evolution of governance structures, including the horizontal division of power among branches, constitutional systems, and the roles of executive, legislative, and judicial branches.