Unit 3. Forms of Government: Functional Distribution of Power (PDF)

Unit 3. Forms of government: functional distribution of power. Introduction to Political Science. 2024/2025. Irene Lanzas Index  1. The horizontal distribution of power. The division of powers.  2. Constitutional systems and state traditions.  3. Executive power.  4. Legislative power.  5....

Unit 3. Forms of government: functional distribution of power. Introduction to Political Science. 2024/2025. Irene Lanzas Index  1. The horizontal distribution of power. The division of powers.  2. Constitutional systems and state traditions.  3. Executive power.  4. Legislative power.  5. The judiciary.  6. The forms of government. 1. The horizontal distribution of power. The division of powers. (I)  All the powers that in the early days of the absolute state had been concentrated in the sovereign monarch are now distributed among the government, parliament, administrations, courts...  As social and economic relations become more complex, the processing of demands and supports from the social environment requires particular resources and skills that are distributed according to a specific set of rules. Liberal constitutionalism and division of powers.  The liberal vision of the state established a first main political functions and determined to which institutions they should be attributed preferentially or exclusively. In other words, it established the doctrine of self-controlled power: the division of powers. 1. The horizontal distribution of power. The division of powers. (II)  As we have seen in the previous unit, Locke, Montesquieu and the founding fathers of the USA devised this division of powers.  The legislative power makes the laws.  The executive power implements the laws.  The judiciary interprets the meaning of the laws.  For the liberal doctrine, it was necessary for this separation of powers to be enshrined in the constitution. What the purpose of adopting a constitution?  To authorise state action.  To establish values and objectives.  To organise and give stability to the rulers.  To guarantee rights and freedoms.  To give legitimacy to political regimes.  1. The horizontal distribution of power. The division of powers. (III)  However, liberal doctrine has been corrected by historical practice.  The executive is no longer the mere executor of agreements adopted by parliament, but has become the main driver of major policy decisions, which result from combining demands and aspirations formulated by citizens. Many interventions are prepared and elaborated by the government and the administration.  The passing of laws and other legislation by parliament has often become a solemn act of confirmation of what has been drafted by the executive. This legislative ratification has political value insofar as it lends legitimacy to the political decision by exposing it to an argued and public debate.  The scrutiny of the executive's action and the dispute over its decisions is judiciary entrusted to both parliament and the courts, which indicate the extent to which the executive's decisions conform to acceptable standards and values in the community and the extent to which they achieve their intended objectives. 2. Constitutional systems and state traditions. The forms of government. (I) The Anglo-Saxon model I: United Kingdom.  The flexible model of parliamentary sovereignty:  Unwritten constitution.  Custom and convention.  Rule of law based on common law.  No unelected authorities that can determine laws. Later law supersedes earlier law.  Tradition of periodic elections: two-party system and accountability.  Formal parliamentarism resulting in subordination of Parliament to the government (power of the prime minister). 2. Constitutional systems and state traditions. The forms of government. (II) The Anglo-Saxon model II: United States.  The ‘checks and balances’ model:  Short constitution:  Organisation of presidentialism.  Organisation of federalism.  Bill of Rights (amendments).  Adaptability (amendments).  Role of the Supreme Court and the ordinary judge in the control of constitutionality.  Fixed periodic elections for Congress and President: effective separation of powers. 2. Constitutional systems and state traditions. The forms of government. (III) The continental European model (codification).  The rigid model:  Codified and detailed constitution.  Constituent power superior to legislative power.  State based on law. Catalogue of civil, political and social rights (distrust of governments: authoritarian experiences).  Ideologisation of constitutions and risk to their durability.  Existence of constitutional courts or councils (Kelsen).  Constitutional mutations: alteration of the content without changing the letter. 3. Executive power. (I)  The executive constitutes the essential historical core of political activity, its most elementary expression. Its history coincides with the history of political forms and the evolution of the state.  Moreover, in contemporary states, the executive is once again at the centre of their structure.  Leaving aside public administration, the executive may consist of two organs: the government in the strict sense and the head of state. In other cases, the executive consists only of the presidency, which combines both options.  Two models:  Dual executives.  Monist executives. 3. Executive power. (II) Dual executives.  These are characteristic of most European countries with a parliamentary tradition. There are also semi-presidential regimes, such as France or Russia.  The government and the head of state are separated.  The government has the effective function of promoting and coordinating major political decisions, directing the services of the public administrations. It is a collegiate body, made up of ministers (with a perceived increase in ministerial posts) and the president of the government. The latter proposes the appointment and dismissal of his ministers and directs the main policies.  There is no government without the agreement of a parliamentary majority. The government is therefore accountable to the parliamentary majority. There can be single-colour governments or coalition governments, with the resulting internal dissensions.  Its functioning varies according to traditions and the size of the government. There are different commissions, parts of the government that meet more frequently with the president or less frequently... Ministers tend to have a fair amount of autonomy. 3. Executive power. (III)  The second organ is the head of state, which exercises an essentially ceremonial function far removed from day-to-day political wrangling. In hereditary monarchies, the head of state is usually hereditary for life; in republics, the head of state is elected for a variable term (sometimes by parliament, a college of delegates or a mixed assembly).  The Head of State represents the State internally and externally and symbolises the political community. He/She bestows honours and decorations, enacts laws, appoints certain offices... always endorsed by the government. It has a certain political influence.  * In semi-presidential models, the head of state has greater powers and his political influence is effective (dissolution of parliament, appointment of the prime minister, etc.). Rusia or France. 3. Executive power. (IV) Monist executives.  This is typical of most American presidential systems and those of Africa and Asia.  It has only one organ: the presidency of the republic. It has both effective and symbolic functions. It is generally elected by direct universal suffrage for a term of office fixed by the constitution. In support, it appoints secretaries or ministers, but they do not constitute a collegial body similar to that of the dual government. The presidency is the centre of gravity of executive action.  The predominant role of the presidency, with its high visibility, makes it particularly vulnerable to public opinion and often generates instability. 3. Executive power. (V) Functions of the executive.  To take the main policy initiative, driving overall intervention measures and implementing and executing those policies.  To exercise direction, coordination and supervision of all services and agencies linked to public administrations.  To hold the symbolic representation of the continuity of a political community, which is often identified with the head of state.  Managing crises of any kind that are difficult for larger collegiate bodies to deal with.  Exercising a certain degree of social leadership, setting the agenda or selecting issues of general interest, and mobilising popular support from power for certain political action alternatives. We will discuss public administration in Unit 6. 4. Legislative power. (I)  In contemporary democratic systems, assemblies or parliaments constitute the public space where the claims of each of the groups in the community are confronted and where decisions that are acceptable to the greatest number must be reached.  This character of a large public arena gives parliaments great visibility. For systems with liberal-democratic roots, parliament has occupied a place of greater symbolic relevance than the executive or the courts.  But the transformations of contemporary politics have meant that this symbolic importance is not always matched by its effective influence in defining and approving public policy.  Parliament is a collegiate body that is appointed by popular election. MPs are mandated by their fellow citizens to express their demands and negotiate on their behalf.  Its composition is renewed periodically and on a regular basis (legislatures, between two and six years). Parliamentarians can nowadays be re-elected indefinitely.  It can be dissolved by the executive in some cases. 4. Legislative power. (II) Monocameralism and bicameralism.  Monocameral systems are, in principle, more democratic and more efficient in rapid decision-making.  Bicameral systems allow for better representation of various dimensions of interest (mainly citizens as a whole and territories) and better control of government.  Traditionally, two chambers were preferred, due to conservative reluctance to popular suffrage and territorial distribution of power. The second chamber (upper house) was created as a check on the radicalism of the lower house. Its members used to be elected by indirect suffrage, with older age, inheritance, etc.  The two chambers also found their function in federal systems, to represent the different territories.  In bicameral systems, the powers of each chamber are fixed by the constitution.  If they have the same powers, this is called symmetrical bicameralism.  If one chamber has more or different powers than the other, it is asymmetrical bicameralism, in which the opinion of one chamber (usually the lower chamber) prevails over that of the upper chamber. In this case, what the less influential chamber achieves is to introduce some modification to the norm approved by the other chamber. 4. Legislative power. (III)  The lower house usually carries more political weight. It is organised in such a way that its work is streamlined:  Presidency: responsible for the organisation of parliamentary debates and the administration of the institution. The president is elected from among the members of the chamber itself, and must be neutral (even if he or she votes with his or her group).  Members are grouped into parliamentary groups (voting discipline, spokesperson or spokespersons).  Committees and plenary: committees specialise in issues (the least visible but most effective part of the legislature), and the plenary holds the final debates and votes.  Auxiliary services: court clerks, clerks, librarians and documentalists are usually civil servants. 4. Legislative power. (IV) Functions of the legislature.  To give legitimacy to the entire liberal democratic system through its formal capacity to represent society (ideological, territorial, etc.).  Approve, amend or reject proposed legislation (normally promoted by the government).  Influence the very existence of the government through its investiture or censure (especially in parliamentary systems).  Control the action of the government (majority-opposition dynamic).  Appointing certain high State authorities: the Head of State, the judges of the Constitutional Court, the Governor of the Central Bank...  These functions depend in each country today on the effective separation of powers (presidentialism and parliamentarism) and other factors: bipartisanship or multiparty system and more or less strict party discipline. 4. Legislative power. (V) Are parliaments in decline?  There is a perception of a crisis in parliaments:  The diversity of positions and traditions made it increasingly difficult to finalise these negotiations in parliament, and they shifted to other spheres.  The emergence of disciplined parties and cohesive majorities strengthened the executive, which now had docile support without dissent. The main contrast was no longer between parliament and executive, but between government and opposition.  The expansion of state activity into many areas complicated political action. The executive and administrations were better equipped than parliament to analyse it and take effective initiatives.  The importance acquired by the mass media as a sphere of information and debate has gradually devalued the role of parliament as the main forum for political discussion.  The personalisation of politics has concentrated more popular and media attention on the activities and pronouncements of leaders than on parliamentary resolutions.  Nevertheless, parliaments retain their importance, especially when they are sharply divided. 5. The judiciary. (I)  Laws made by parliaments are decisions of a general nature that affect the whole community. But the application of these decisions to each individual case is a matter for executives and administrations.  This application of the rules can lead to discrepancies: not all actors agree on which rule is appropriate to the situation, nor do they understand it in the same way. Who then has to decide on the relevant rule or its interpretation? Who plays the role of arbitrator in these discrepancies?  Courts are institutions that are responsible for a particular case of conflict regulation: the application and interpretation of rules produced by the political system. It should be borne in mind that they are not limited to disputes between individuals, but to the actual interpretation of the law passed in parliament.  In democracies, the judicial function is attributed to specialised institutions (unipersonal or collegiate courts). There are two possible models:  Sometimes the political function of judging is exercised directly by the citizenry (jury court).  The general rule is that professionalised personnel, whether elected in elections, appointed by the government, competitive examinations, etc., decide.  Courts are organised in terms of specialisation (by subject matter) and hierarchy (order of appeal).  5. The judiciary. (II) Problems they face.  They must be impartial, judicial independence is key to guaranteeing citizens' freedoms. reliance on courts and judicial means for addressing core moral predicaments, public policy questions, and political controversies COURT DOES THE JOB OF EXECUTIVE AND LEGISLATIVE  The judicialisation of politics (courts settle political disagreements):  Judicialisation as ‘judicial activism’. It is the result of the ineffectiveness of other political mechanisms for settling conflicts in today's societies. The expansion of judicial intervention responds to a public need that other political institutions do not adequately satisfy.  Judicialisation as instrumentalisation of the courts (judges who are independent but not ideologically neutral). It is therefore necessary to recover a reasonable balance between three requirements of a judicial system in a democratic environment: the efficiency of the administration of justice, the independence and impartiality of those who run it, and the existence of an agile mechanism of accountability that makes them responsible to the public. EXECUTIVE AND LEGISLATIVE METIENDO  The politicisation of justice: LAS NARICES EN JUDICIARY  The problems of combining independence with neutrality and accountability. 6. The forms of government. (I)  Four ideal models: 1. Board or assembly models. The assembly plays a decisive and exclusive role in the birth of a collegiate executive (it elects each of its members individually for a given period of time). The parliament indicates the programmatic lines to the executive. The only case is Switzerland. 2. Parliamentary models. The support (implicit or explicit) of the parliamentary majority is a condition for the existence and continuity of a government. The government is subject to parliamentary control (vote of no confidence). The executive can dissolve parliament and call elections. The head of state has a ceremonial role. This is the most common model in Europe. 6. The forms of government. (II) 3. Semi-presidential models. The parliament partially influences the birth of a government, because the head of state does too. The head of state is not merely a representative figure: he is elected by universal suffrage, participates in the powers of the executive and shares with the government the power to dissolve parliament. The courts control the activity of the government (vote of censure). France, Finland, Portugal, Russia... 4. Presidential models. Parliament and executive have independent existences. Parliament does not exercise or intervene in the executive, which is directly elected by the people in universal suffrage. Parliament cannot be dissolved by the president, nor can the president be removed by the president (with exceptions such as impeachment). Parliament oversees the executive and must assent to some laws. United States, Latin American countries.  The current situation is more diffuse.