HSS F362: Local Governance and Participation Lecture 1a PDF

HSS F362: Local Governance and Participation Lecture 1a : 5-08-2024 Mohan Kumar Bera BITS Pilani Goa Campus  Government No state is possible without a government which not only provides security to the people, but also looks after their bas...

HSS F362: Local Governance and Participation Lecture 1a : 5-08-2024 Mohan Kumar Bera BITS Pilani Goa Campus  Government No state is possible without a government which not only provides security to the people, but also looks after their basic needs and ensures their socio-economic development. A government is a set of institution that exercises control through legal devices and imposes penalties on those who break the law Social acceptance of the power of the government to control people must be accepted by the people voluntarily and recognised by them. A government normally functions by dividing its functions between its organs. Each organ perform some specific functions. It primarily performs three main functions : making of laws, enforcing the laws, and adjudicating disputes.  Organs of government There are three organs of a government: the legislature – which makes the laws; the executive – which implement them; and the judiciary – which interprets law and decides disputes. This system of dividing powers among the three organs of a government is called 'separation of powers’. Organs of government: the Legislature Legislature in the field of comparative politics is technically known as rule making department. Legislature most commonly known by the name of parliament forms, the first important organ of a political organisation. Framing the law is the most important function of the Legislatures The legislature should comprise the people's representatives, since they perform the duty of making the laws by which the people are to be governed.  Organs of government Organs of government: the executive The executive implement the laws made by legislature. The judiciary interprets the laws and decides cases in accordance with the laws and the constitution. The executive implements various policies of government. The nominal executive may be either a monarch or an elected President. What makes him a 'nominal' executive is the fact that he does not enjoy any real powers. He is just a constitutional figure head perfuming some ceremonial duties but enjoying little or no powers though the centric administration is carried on in his or her name.  Organs of government Organs of government: the executive The monarch may assume office in hereditary succession as in U.K. or through direct or indirect election as in Malaysia. not all existing monarchs in the world are figureheads : there are still some monarchs who enjoy absolute power as they do in Jordan and Saudi Arabia. Such monarchs may be placed in the category of 'real' executives, since they enjoy absolute and limited powers. The real executive may also be divided into two categories - singular and plural. A singular executive is one that is headed by a single leader who does not share his powers with others. A plural executive, all powers are vested in a group of ministers.  Organs of government Organs of government: the Judiciary Judiciary, also known as the rule-adjudication department of the government, concerned with the job of doing justice. It interprets law and awards punishments for the violation of laws. The primary objective of any political system is to protect the rights of the individual, and this work is done by the judicial organ of the government. Classification of government  Classification of government In Republic, Plato discusses five types of regimes: aristocracy, timocracy, oligarchy, democracy, and tyranny. Aristotle elaborates on Plato's five regimes discussing them in relation to the government of one, of the few, and of the many. Classification of forms of government according to which people have the authority to rule: either one person (an autocracy, such as monarchy), a select group of people (an aristocracy), or the people as a whole (a democracy, such as a republic).  Classification of government Autocracy An autocracy is a system of government in which supreme power is concentrated in the hands of one person, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control. Absolute monarchy is a historically prevalent form of autocracy, wherein a monarch governs as a singular sovereign with no limitation on royal prerogative. Most absolute monarchies are hereditary, however some, notably the Holy See, are elected by an electoral college (such as the college of cardinals, or prince-electors). Other forms of autocracy include tyranny, despotism, and dictatorship.  Classification of government Aristocracy Aristocracy is a form of government that places power in the hands of a small, elite ruling class, such as a hereditary nobility or privileged caste. This class exercises minority rule, often as a landed timocracy, wealthy plutocracy, or oligarchy. Many monarchies were aristocracies, although in modern constitutional monarchies, the monarch may have little effective power. The term aristocracy could also refer to the non-peasant, non-servant, and non- city classes in the feudal system.  Classification of government Democracy Democracy is a system of government where citizens exercise power by voting and deliberation. In a direct democracy, the citizenry as a whole directly forms a participatory governing body and vote directly on each issue. In indirect democracy, the citizenry governs indirectly through the selection of representatives or delegates from among themselves, typically by election or, less commonly, by sortition. These selected citizens then meet to form a governing body, such as a legislature or jury.  Classification of government Democracy Some governments combine both direct and indirect democratic governance, wherein the citizenry selects representatives to administer day-to-day governance, while also reserving the right govern directly through popular initiatives, referenda (plebiscites), and the right of recall. In a constitutional democracy the powers of the majority are exercised within the framework of a representative democracy, but the constitution limits majority rule, usually through the provision by all of certain universal rights, e.g. freedom of speech, or freedom of association.  Classification of government Republics A republic is a form of government in which the country is considered a "public matter", not the private concern or property of the rulers, and where offices of states are subsequently directly or indirectly elected or appointed rather than inherited. The people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. The head of state is not a monarch. Montesquieu included both democracies, where all the people have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government. Different republics include democratic republic, parliamentary republic, semi- presidential republic, presidential republic, federal republic, people's republic, and Islamic republic.  Classification of government Federalism Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units, variously called states, provinces or otherwise. Federalism is a system based upon democratic principles and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. Proponents are often called federalists.  Division of power as a the basis of classification of government Modern political regimes are classified on the basis of territorial distribution of powers also, i.e. how the powers of the government are distributed between the centre and the various administrative regions. On this basis we can classify government as: Unitary government and Federal government Unitary Government A political regime in which the entire power is centralised in one government is a unitary government. It is based on the principle of geographical centralisation of power.  Division of power as a the basis of classification of government Unitary Government The supreme authority is concentrated in a single organ or a set of organs established at and operating from a common centre. In a unitary state, only the central body is legally independent and other authorities are subordinate to the central government. The essence of a unitary state is that the sovereignty is undivided. The Constitution of a unitary state does not admit any other law-making body. It can legislate on all subjects and administer them without reservation. It does not, however, mean that the government can take arbitrary decisions.  Division of power as a the basis of classification of government Unitary Government Even in a unitary state system, the country is divided into several provinces for the sake of administration but what is important to remember is that they do not enjoy any autonomy. The powers of the provinces are delegated from the centre which can be taken away whenever desired by the centre. Thus the two essential qualities of the unitary state are : the supremacy of the central parliament, and absence of subsidiary sovereign bodies.  Division of power as a the basis of classification of government Federal Government Federalism is a form of government where the powers are distributed between the central and provincial governments and both have their separate and well defined areas of authority. The totality of government power is divided and distributed by the national constitution between a central government and those of the individual states. A federal government has an agreement and there are certain essential features that ensure its proper working. They are : i) a written constitution, ii) division of powers, and iii) independence of judiciary. Firstly, the federal government is the creation of agreement which takes place as a result of a constitution in which the powers of the federal government and the federating units and the details of their rights are listed.  Division of power as a the basis of classification of government Federal Government Secondly, an indispensable quality of the federal government is the distribution of powers of government between central government and the federating units. – The subjects of national importance such as defence, foreign affairs, railways, communications, finance are entrusted to the central government whereas subjects like education, health, agriculture etc. are looked after by the provincial units. Thirdly, there should be an independent institution to settle the disputes with regard to the jurisdiction of the centre and the units and among the units. – Such an institution can only be the Supreme Court whose function is to see that the constitution is respected in so far as it distributes the governmental powers between the contracting parties and the federal authority which by their contract they establish authority to run the administration.  Legislative-Executive Relationship as the Basis of Classification Political regimes have also been classified on the basis of-the relationship between the legislature and executive departments of the government: Parliamentary form of government and Presidential form of government. Parliamentary Government The parliamentary form of government is the result of historical evolution in Great Britain. It is also known as 'Cabinet government', or even 'Prime Ministerial government'. The chief characteristic of this type of government is that the executive is a part of the legislature and is responsible to it for all its policies and acts. There are two types of executive in the parliamentary government : nominal and the real.  Legislative-Executive Relationship as the Basis of Classification Parliamentary Government The head of the state is the nominal head whose functions are chiefly formal and ceremonial and whose political influence is limited. This head of the state may be a monarch or a president. The real executive is the Prime Minister who together with his cabinet is a part of the legislature, selected by the members of the legislature and can be removed by the legislature through a motion of 'no confidence'. The real executive is responsible for the formulation of policies. It performs all the administrative functions in the name of the titular head.  Legislative-Executive Relationship as the Basis of Classification Presidential Government The presidential system is based upon the, doctrine of separation of powers. It means that the legislature and the executive are kept apart. The chief executive is the real executive as well as the head of the government. – He is elected by the people for a definite period. Since the executive is not a part of the legislature its cannot be removed from the office by the legislature except through the legal process of impeachment. The executive Regimes cannot dissolve the legislature nor can it call for a general election. – Usually the executive and the legislature are elected for fixed terms. – However, in order to keep the three organs of the government interconnected, a device of checks and balances is adopted so that the President may not become a dictator.  Legislative-Executive Relationship as the Basis of Classification Presidential Government Constitutional devices are invented so that each organ acts as a check on the other two organs and thereby act as a sort of balancer to the others. This form of government evolved in the United States of America and was later adopted by many countries of Latin America and Europe with some modifications Theory of public participation NB: We will details in next class