Lecture 4: Government (2) - Introduction to Political Science PDF

Introduction to Political Science Dr. Mamdouh MANSOUR Lecture 4 Government (2) Classifications of Governments: Throughout the history of political thought, thinkers have presented various classifications o...

Introduction to Political Science Dr. Mamdouh MANSOUR Lecture 4 Government (2) Classifications of Governments: Throughout the history of political thought, thinkers have presented various classifications of Governments. Classification is one of the oldest and most important tools of the comparative study of politics. The Greek philosopher Aristotle developed one of the oldest, most famous and still relevant classifications of the ancient Greek City-State governments. The Greek city-states were small communities showing considerable variety in their forms of rule. These settlements provided an ideal laboratory for Aristotle, who sought to understand their political diversity, in order to discover which type of government seemed to offer the best combination of stability and effectiveness. Aristotle based his scheme on two dimensions: The first was the number of people involved in the task of governing: one, few, or many. This dimension captures the breadth of participation in the political system. His second dimension, perhaps more subjective, but certainly no less important, was whether rulers govern in the common interest (the genuine form), or in their own interest (the perverted form). According to these two combined criteria, Aristotle distinguished six types of governments. 1 Introduction to Political Science Dr. Mamdouh MANSOUR Rule By One Few Many Form Genuine Kingship Aristocracy Polity Perverted Tyranny Oligarchy Democracy In the case of rule by a single person, Aristotle took Kingship (Monarchy) as the genuine form and regarded tyranny as its perverted equivalent. A monarchy is a benevolent dictatorship. Authority is vested in a person of preeminent virtue and wisdom. The ideal monarch rules on behalf of all. But monarchy can degenerate into Tyranny, the corrupt form, under which the monarch exercises all powers for his benefit or the benefits of his allies, while ignoring the good of the people. Aristocracy is the rule of the most virtuous, intelligent, and morally enlightened in the State. But this form of rule by an elite class can decay into Oligarchy, the corrupt form, where the rulers tend to defend their privileged positions. And within the category of rule by the many, Aristotle separated the ideal form (Polity) described as the rule of the moderate middle class exercised through law, from Democracy as government by the poor in their own self-interest. Modern classifications continue to be influenced by some of the type described by Aristotle, while his classification is no longer satisfactory. According to another modern classification, political scientists distinguish three main types of government: 2 Introduction to Political Science Dr. Mamdouh MANSOUR 1- Liberal Democratic governments. 2- Totalitarian governments. 3- Autocratic governments. The Liberal Democratic government is characterized as follows: 1- There is more than one party competing for political power. 2- The competition for power is open and is based on established and accepted forms of procedures. 3- Entry to positions of political power is relatively open. 4- There are periodic and fairly conducted elections, based on universal franchise. 5- Pressure Groups are able to operate to influence government decisions. Associations such as interest groups and other voluntary organizations (Civil Society) are not subject to tight governmental control. 6- Civil liberties, such as freedom of speech, religion, right to vote and to run for elective offices, right to form associations, freedom of expression , basic human rights are recognized and protected. 7- The Nation is the ultimate source of authority (National Sovereignty). 8- There is some form of separation of powers among the various branches of government. 3 Introduction to Political Science Dr. Mamdouh MANSOUR 9- Political Equality: each adult citizen has equal opportunity as every other adult citizen to participate in voting (one person, one vote). 10- Majority rule: This requires that when people disagree on an issue, the government should act according to the wishes of the majority. Government decisions are approved by at least 50% + 1 of the people. Although the majority rules, the fundamental rights of the minority should be protected. 11- The Rule of Law: The powers of government are constrained by law or Constitutions (whether written or unwritten), through institutional and procedural limitations on powers. 12- Leadership succession through elections: Elections must ensure that key political positions in government , will be contested at periodic intervals, and that the transfer of authority is accomplished in a peaceful and orderly manner. 13- That the political functions of the government are in the hands of elected persons or councils. 14- Citizens have the right to seek alternative sources of information. Mass Media must not be monopolized or totally controlled by the State. 15- Popular Consultation: This principle necessitates that: a) The government must be aware of public preferences through certain institutional mechanisms (Voting , Media). 4 Introduction to Political Science Dr. Mamdouh MANSOUR b) People’s preferences must be reflected in public policies and put into effect whether the officials approve it or not. The Totalitarian Governments are characterized by the following : 1- There is an official ideology imposed by the State on the whole society ( i.e : Communism, Nazism, Fascism). 2- There is a single mass party usually led by one man ( leader ). 3- Terror is used by governments to enforce obedience. 4- The government has the monopoly of communications and mass media. 5- The government is centrally directing the economy. 6- There is less distinction between public and private affairs. The State intervenes and organizes all forms of social relations. Autocratic Governments are characterized by the following : 1- There are important limitations and constraints on open political competition. 2- There is more open use of force and coercion to enforce political obedience. 3- There is an absence of a strongly articulated and coherent ideology. 5 Introduction to Political Science Dr. Mamdouh MANSOUR 4- Civil liberties are weakly supported. 5- The mass media are firmly controlled by the government. 6- There is little judicial independence. 7- Political authority is less institutionalized and the basis for rule is either found in a traditional political elite or in a new modernizing elite, often the military. This third category is very heterogeneous and it seems to englobe all types of governments that cannot be fitted into the first two types. Beside these classifications “ political regimes ” could be classified according to the ideologies they adopt. Accordingly, we can distinguish among: Liberal political regimes (as those existing in Western liberal democracies in Europe, the United States, and many other countries in the World ; Marxist or Communist regimes (as in the former Soviet Union and in the People’s Republic of China), Nazist regime in Hitler’s Germany , and Fascist regime in Mussolini’s Italy. In Western liberal democracies, “Liberalism”, which represents the prevailing ideology, was translated into certain principles of political organization in the contemporary world. Principles of Political Organization in Liberal Democracies : The ideology of liberalism that prevailed in the seventeenth and eighteenth centuries in Western Europe has been transcribed into applicable 6 Introduction to Political Science Dr. Mamdouh MANSOUR principles adopted in the political organization of western liberal societies, and thus served as the cornerstones of the political structure and guidelines for the activities of political institutions in liberal democracies. The basic principles that make up the political core of “liberalism” could be summarized a follows: 1- Constitutionalism. 2- Representation. 3- The Separation of Powers. 1- Constitutionalism The idea of a “constitution” as a restraint on political authority, and as an expression of power relationships in a political society dates back to the time of the Greeks and Roman Empire. The idea of limited political authority , as proposed by John Locke , influenced the framers of constitutions and revolutionary declarations in most of the western societies. Fearing arbitrary and absolute rule , and in order to avoid the inconveniences of political despotism it was necessary to insist on putting legal restraints on political authority through those legal rules we call “Constitutions”. A “Constitution” is the basic design of the structure, functions and powers of the State , as well as the rights and duties of its citizens. More explicitly, a Constitution is a set of rights and powers , as well as of procedures regulating the structure of, and relationships among the public authorities , and between public authorities and citizens. 7 Introduction to Political Science Dr. Mamdouh MANSOUR In other words constitutions are codes of rules which aspire to regulate the allocation of functions, powers, and duties among the various agencies, institutions and officers of government, and define the relationship between these and the public. The constitution of a State is, thus, a collection of rules and principles according to which a State is governed. Several functions can be attributed to any constitution in any modern Nation-State: 1- The constitution serves as an expression of national ideology or political philosophy adopted by the society or by a political regime. Ideologies give the regime its “raison d’être”, its sense of purpose, its basic values and main goals, and serve as a philosophical frame of reference for political behaviour in the political system. The legitimacy of the government and of the constitution itself depends on its conformity with the national ideology. 2- Constitutions serve as an expression of the basic laws of the regime. These laws usually focus upon the rights of citizens, for instance, rights concerning liberties of assembly, speech, religion, property and so on. These laws play a central role in the regime, and consequently they can be modified or replaced through extraordinary amendment procedures(1). (1) Whereas an ordinary law can usually be passed with a “simple majority approval of the national legislature (Parliament) – a majority of those present and voting at the time – basic laws of the regime expressed in the Constitution usually require special majorities (two-thirds or three-quarters of the members of parliament for example) for approval. 8 Introduction to Political Science Dr. Mamdouh MANSOUR Constitutions, thus, provide a compendium of fundamental rights of citizens , including their rights to participate in the institutions of government. Some constitutions emphasize economic and social rights as well. 3) The Constitution provides an organizational framework for the government. It establishes the principal institutions of government and the relationships among these institutions. These institutions may be structured on traditional Western lines of a division of legislative, Executive, and Judicial responsibilities. It is common for constitutions to contain several sections, and to devote a section each to the legislative branch of government, the executive, the judicial branches of government and so on. Constitutions regulate the power relationships among major political institutions being the major actors in the political system. The Constitution covers also the legislative process, the role of the executive in policy formulation, checks and balances among political institutions (especially legislative and executive institutions). The Constitution defines the rules of the political games, it lays down the laws that govern the governors. 4) Constitution provides for a distribution of governmental power over the national territory. It discusses the levels of government, whether the State is unitary, Confederal, or Federal. The Constitution describes what powers fall within the jurisdiction of the national (or federal) government, and what powers do not belong to the national government. In a Unitary State, local units of government are established as agencies of the central 9 Introduction to Political Science Dr. Mamdouh MANSOUR government. The Constitution of a Federal State assigns power directly to central (federal) and local levels of government. Constitutions, then, play an important role in the regimes in which they are found. Some Constitutions will be more important in one of the functions described above than in others. For example, the Constitutions of the former Soviet Union was more important as an expression of ideology , than as a real organizational diagram of the government ; while the American Constitution is more important as an expression of governmental organization , and as a guideline for the power relationship of the regime , than as an expression of the philosophy of the regime. The origins of constitutions: How do Constitutions come into being? Most often, Constitutions are enacted in circumstances of a “fresh start” after profound disruption of some kind. These disruptions include: a) regime change (as in France, many times since the revolution of 1789). b) Reconstruction after defeat in war (as in Germany, Italy, and Japan after 1945 ). c) Revolution (as in Communist States). d) Achieving independence (as in most of African States in the 1950’s and 1960’s). 10 Introduction to Political Science Dr. Mamdouh MANSOUR Classifications of Constitutions: There are several types of constitutions. (1) “Written” and “Unwritten” Constitutions: A “written” Constitution is essentially a basic expression of the ideas and organization of a government that is formally presented in one document. Some Constitutions are quite short - the U.S Constitution, for example – while others are much longer, such as the Constitution of the former Soviet Union or of India. By contrast, there is another type of constitutions called “unwritten” or “uncodified” Constitutions. Britain, for example, does not possess a document called the “Royal Constitution” or some such name which serves as the basis and central document for the political structures of the British political system. British political history points to a number of different documents that are parts of the body of what is referred to as British Constitutional Law, including the Magna Carta (1215), The Bill of rights (1689), and certain special acts of the British parliament. (2) “Flexible” and “Rigid” Constitutions: Constitutions are not “once and for all” documents. They are amended in response to changing circumstances. Constitutions usually have an amendment clause. No matter how careful and insightful the authors of a constitution try to be, they simply cannot foretell the future with a sufficiently high degree of accuracy. Accordingly, constitutions may need to be amended or modified at some point. A constitution must contain 11 Introduction to Political Science Dr. Mamdouh MANSOUR directions for its own modification; failure to do so might mean that when change becomes necessary, the entire regime could collapse for want of a mechanism of change. Procedures for amendment are important. Can the constitution be amended by a simple majority in the national legislature alone (i.e. a flexible constitution)? Or are special procedures required other than those laid down for the making of ordinary laws (a rigid constitution)? The flexible British constitution contrasts with the apparent rigidity of the American constitution. The British constitution is subordinate to parliament and can be altered by the ordinary process (or procedures) of legislation. By contrast, the American constitution can be amended only by two- thirds majority in Congress; plus ratification by three-quarters of the States. The U.S Constitution, for instance, has been formally amended 26 times in two centuries of operation. Less formal, but probably more significant, constitutional adaptation has taken place through judicial interpretation. In practice, the task of adapting the constitution in the U.S. falls mainly to the Supreme Court. Judicial Interpretation is inherently more flexible than formal amendment. Though superior to the elected legislature, the U.S constitution is thus subordinate to the non-elected judges of the Supreme Court. (3) The Constitutions that “give” or “recognize” rights: There is another distinction between two types of Constitutions that should be made explicit here. One constitution “gives” rights, and the other “recognizes” rights. This is not merely a semantic difference. The 12 Introduction to Political Science Dr. Mamdouh MANSOUR Constitutions of the former Soviet Union, in stating that the government gives citizens certain rights, implies that the government also has the power to take away these rights. If rights come from the State, the State can certainly take them away. In the British, or the French Constitution, rights are not given, they are recognized, by limiting what the government can do. The Constitution of the United States, for example, does not state that “Citizens are given the rights to free speech” but it states that “the Congress shall make no law … abridging the freedom of speech …” this rights appears to already exist, and belongs to the people, and the Constitution recognizes this fact by forbidding the Congress to limit it. Constitutionalism: A country may have a Constitution but may not enjoy Constitutionalism. So, having a Constitution may not guarantee the rights and freedoms of the governed, because Constitutions are often ignored by governors and politicians , and consequently are not true reflections of the manner in which a political system operates. The Constitution of the former Soviet Union, for instance, guaranteed certain rights, but practice indicated that these guarantees where hollow, indeed. Accordingly, “Constitutionalism” is a political condition in which the Constitution functions as an effective and significant limit on government. Where Constitutionalism characterizes a regime, the Constitution is “antecedent” to government, and those who govern are constrained by its terms. Constitutionalism is bound up with the notion of “legality” or the notion of restraining political authority by “the rule of law”, 13 Introduction to Political Science Dr. Mamdouh MANSOUR it embraces the idea that a government should not be permitted to do whatever its officials please, but should conduct itself by agreed procedures. The purpose of this restriction on its freedom of action is, of course, to safeguard a fundamental area of freedom for the citizens. For tyranny exists , wherever authority is total, absolute or unlimited. Thus, Constitutional government is said to be “limited government” that is, there are certain things that the government may not do, there are certain parameters beyond which the government may not go. Liberal democracy is partly defined as Constitutional government, that is, as government in accordance with, and limited by formal legal rules. Constitutionalism may be maintained by the practice of judicial review, whereby judges with a reasonable degree of independence of other branches of government have the authority to veto laws and activities of government on the grounds that they conflict with the Constitution. This task usually falls to the judiciary in the form of constitutional courts such as the Supreme Court in the US. When do Constitutions succeed? A key question about Constitution is: When do they succeed in providing a stable framework for political activity? The spirit as well as the letter of the Constitution is most likely to be maintained , when the provisions of the Constitution accord reasonably well with dominant social interests , conditions and values. 14 Introduction to Political Science Dr. Mamdouh MANSOUR Conversely, the liberal-democratic Constitutions which departing colonialists left behind to the third world countries, often failed because they did not take account of social inequalities and non-democratic cultures. Some constitutions were, consequently adapted to suit the political environment in which they operated, most often by strengthening executive powers and competences. But many were suppressed by authoritarian rulers , or destroyed by military takeovers that paved the way for military dictatorship. In conclusion, we can say that the reality of Constitutionalism depends on whether there are social and political forces genuinely independent of the government , and powerful enough to insist on the government’s observance of constitutional limits or restraints. 15