Approaches to the Study of Politics PDF
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University of the West Indies, St. Augustine
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This document provides an overview of various approaches to the study of politics, including traditional, behavioral, and contemporary approaches. It examines key concepts such as system analysis and structural functionalism. The document also touches on political ideologies and nationalism.
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Approaches to the Study of Politics 1. Political scientists have adopted several approaches to the study of politics. Approaches provide the political scientist with the conceptual framework in understanding political life. Traditional Approaches There are two major approaches under the tradition...
Approaches to the Study of Politics 1. Political scientists have adopted several approaches to the study of politics. Approaches provide the political scientist with the conceptual framework in understanding political life. Traditional Approaches There are two major approaches under the traditional approaches (a) The historical; (b) The institutional approaches to the study of the political process. 2. The historical approach relies mainly on the facts of the past to explain the present and probable future political development within political institutions and processes. 3. By contrast, the traditional/institutional approach emphasizes philosophy, law, logic, norms, values and institutions as much as the historical approach. The traditional approaches have been criticized as static and oversimplified assumptions about today’s reality in the political process. However, the approaches still have their use in political study. Behavioral Approach 1. Behaviouralism was developed by American political scientists as an alternative to the traditional approaches in the 1940s and 1950s. This approach concentrates on careful observation of individual behavior in the political process and less on state political institutions. Behaviorists borrow from sociology and psychology as well as other disciplines.This have allowed for the development and application of psychoanalysis, decision-making models and system theory to study of politics. Behaviorists use more statistical methods on testing hypotheses than other political scientists. They insist that it is only through practical approach, measurements and facts that political science can move towards being a science rather than mere descriptive formalism and political philosophy.. Behaviorism as an approach is an improvement in methodology upon traditional approaches and it reflects in the rapid growth of the discipline. `1. The advent of World War 2 brought new approaches to political science. The major approaches are System Analysis, Structural Functionalism, Group Approach , Elite Analysis, Class Analysis and Political Economy. We shall consider these approaches in the following : Systems Analysis Approach. System analysis is an attempt by David Easton, its originator to apply general systems theories to political science. In this pioneering effort, Easton insisted that political system “ is that system of interactions in any society through which binding or authoritative allocations are made”. 2. Easton explained that from the environment demands are made on the political system in the form of INPUT. ( DEMANDS AND SUPPORT). These demands are then processed into OUTPUTS, which are AUTHORITATIVE DECISIONS ( Legislations or Acts). Through a feedback loop changes brought about by those outcomes after conversion, a channel led back into the system in form of increased, intensified or modified demands and supports. Although the model is largely abstract, it is useful as a general framework for political analysis. Structural Functionalism Approach 1. This approach is an offshoot of system analysis. It focuses largely on explaining the functions a political system must perform to survive and defines structures or organizations which can most efficiently perform the functions. The structures may be political parties, pressure groups or formal government institutions performing system - maintenance functions such as informing the electorate on important issues and allowing for wider participation in the political system. Although the approach cannot provide a general theory for all aspects of political science, nevertheless, it provides standard categories for different political systems and therefore useful in comparative government/politics. Class Analysis Approach 1. This is the most radical approach in political science.The approach focuses on division of society into classes and how this social stratification determines social conflict and social change. However, there is a great deal of disagreement as to the basis of stratification in each society and the conflict it generates within the political system. Most marxist political scientists insist that class exists in all societies because of the nature of mode production. They insist that those who own the means of production take decisions that affect the lives of workers who work for pay. It further explains that those who own the means of production continue to expropriate the surplus of wealth created by workers; and that is this class relationship that has brought about class antagonism and class wars/revolutions. Political Parties and Interest Groups Approach 1. Many political scientists believe that the legislative process in parliament or Assembly is primarily an institution that structures the conflict of interests and demands expressed by political parties. The job of a political scientist with this kind of concern is the analysis of organization and behavior of these groups in and out of Parliament,Assembly or congress. 2. From the standpoint of “group theory”, and in fact passed by the legislature it expresses mainly the prevailing distribution of influence among competing groups,each of them seeking to advance its own particular interest, thus we may ask what interest do these groups truly represent? In the case of political parties, their membership, political access, and policies structured by the electoral system very much determine their rules in the legislative or executive branches of government. Voting and Public Opinion Approach 1. Some political scientists are mainly concerned with voting patterns and public opinions on political issues. The important questions which political scientists working with this approach are as follows : What is the “mind” of the public? How do the opinions, attitudes; and beliefs of citizens affect the policy making political elites?What motivates citizens to vote or not to vote? Are voters more concerned about issues or about the personality of candidates? Is the voter voting for a particular party because of long standing loyalty to that party, regardless of its candidates or position on the major issues of the day? And how do the various orientations of voters relate to their level of education, their ages, sex, race, religion, income and place of residence? These questions are vital to our understanding of the political process in any given country. Comparative Politics Approach 1. Any or all the above sub-disciplines in political science may be integrated into a comparative framework. When political scientists look at the political parties or socialization processes of two or more countries, they can clarify their generalizations about a particular political system because its characteristics are highlighted by comparison with those of other political systems. 2. Comparative political analysis is also an aid in understanding and identifying those characteristics which may be universal to the political process, regardless of time or place. By adopting the comparative approach, new fields of research have been developed. These include comparative studies of political elites in two countries or more, political violence, and political corruption; political socialization, political culture, political parties and interest groups. These sub-disciplines have benefited in no small ways from the comparative approach. Political Development Approach 1. It became clear that after World War 2 that students of comparative politics had overlooked a vast reservoir of potential knowledge about the political process. The earlier focus had been on the industrialized and modernized states of the West. The emergence of newly independent countries all over the world forced Western researchers to examine nonwestern cultures and the political processes emerging in these countries. Researchers developed new methods and tools of analysis and were able to examine the socio-economic and the political processes of these developing states. Students of political development are today concerned with the effects of urbanization and economic development on political organization and behavior, with education, with the way in which political change and socio-economic development affect the more fundamental differences between various ethnic and religious groups within the same society THE COMMONWEALTH CARIBBEAN AND PLURAL SOCIETY THEORY 1. The term “plural society” is usually used to describe colonially created states with self-conscious culturally heterogeneous populations. 2. According to Furnivall (1948) and M.G Smith (1965), one group tends to dominate politics in plural society. The population segments of plural societies are normally distinctive:.(I) they have no external nation-state to relate to realistically; (II) they are not nationalists but rather tend to identify with their ethnic group; (III) secession is normally not perceived as an alternative; (IV) each population segment is internally divided according to class and possibly other criteria of rank. 3. The study of developing states has helped us to understand the institutions and the supporting attitudes and behavior that define “democracy” do not emerge suddenly from the informed intellect and good will of those who choose to write democratic constitutions. And, in fact all societies may be understood to be in the process of political development. They consequently according to their varying degree of modernization of development; the extent to which all citizens have been mobilized by socio-economic development and cultural change for participation in politics, the capabilities of existing political organizations for accommodating the interests and demands of citizens, thus providing them with a sense of participation and efficacy in the functioning of government. GOVT 1000 INTRODUCTION TO POLITICAL INSTITUTIONS AND ANALYSIS TOPIC TWO POLITICAL IDEOLOGY Introduction 1. This topic will explore the various ideologies, examining their basic principles and characteristics. The major ideologies and movements known in political history are examined. Ideology is a very crucial aspect of politics. It is the gateway to the understanding of political action and indeed, interpenetration of politics. In this respect, it guides, supports, restrains and rationalizes political action. The ideology at a time was used to designate the study of ideas towards the end of the eighteenth century in France. In the mid nineteenth century, Marx and Engets in their work The German Ideology, described the young Hegalians as ideologists of the bourgeois system for holding stubbornly to Hegelian philosophy. 2. A nation in ethnological sense is commonly defined as a group of people who form a distinctive community by inhabiting a definite territory and recognizing themselves as possessing a relatively homogenous set of cultural traits. Those cultural traits include a common or related blood, a common language, a common religion, a common historical tradition and common customs and habits. 3. Not all the above Ingredients need to be present among the people to produce the spirit of nationalism Le., a sense of belonging to a homogenous unified group. In other words, a nation need not necessarily be a state. The modern state is therefore not necessarily a unitary nation, it may be multi- national in composition religious It may contain a national minority or ethnic group who may exist simply as a social group cherishing its own social manners and culture, Its own religious or dialect and its own form of religious worship. Switzerland for example is a nation with three races, four. ROLES PERFORMED BY THE STATE 1. The Minimal State: this idea is found in classical liberal theory. The aim is to ensure that individuals enjoy the widest possible reality of freedom.The value of the state is that it has the capacity to constrain human behaviour and thus prevent individuals from encroaching upon the rights and liberty of others. First, the state exists to maintain domestic order. Second, it ensures that contracts or voluntary agreements made between private citizens are enforced and third, It provides protection against external attack. The Institutional machinery of a minimal state is limited to a police force, a court system and a military. Developmental State A developmental state is one that Intervenes in economic life with the specific purpose of promoting Industrial growth and economic development. There is a strong relationship between state and private economic Institutions with the goal of securing rapid economic development. The classic example of a developmental state is Japan. SOCIAL-DEMOCRATIC STATES Social-democratic states intervene with a view to bringing about broader social restructuring, usually in accordance with principles such as fairness, equity and social justice. The social-democratic state is an active participant in helping to rectify the Imbalances and Injustices of a market economy. It focuses less upon the generation of wealth and more upon the equitable distribution of wealth. The Totalitarian state 1. The most extreme and extensive form of Interventionism is found in totalitarian states. 2. The fundamental nature of totalitarianism is the construction of an all- embracing state, the Influence of which penetrates every aspect of human existence. 3. The state brings not only the economy but education, culture, religion, family life under direct state control. 4. The central pillars of such regimes are a comprehensive process of surveillance and terrorist policing and a pervasive system of Ideological manipulation and control. THE HOLLOW STATE 1. This occurs most dramatically in parts of the developing world, where fractured or disintegrating state apparatuses are confronted by ethnic unrest or the growing menace of organized crime. 2. The result is the emergence of stateless nations, where functions that once belonged to the state have gradually been transferred to other Institutions and bodies. MACHINERY OF GOVERNMENT The Legislature 1. The Legislature is a word that comes from the Latin language, meaning "those who write the laws." A legislature is therefore a group of people who vote for new laws, for example in a state or country. Each person in the legislature is usually either elected or appointed. The constitution of that state or country usually tells how a legislature Is supposed to work.In many countries, the legislature is called a Parliament, Congress, or National Assembly. Sometimes there are two groups of members in the legislature, This is called a "bicameral legislature. A unicameral legislature has only one group of members.A country, district, city, or other small area may also have something like a legislature. These are often called councils, and they make smaller laws for their areas. Meaning 2. Of the three organs of the government, the place of primacy belongs to the Legislature. The function of government begins by law-making and is followed up by law-enforcement and adjudication functions. As such, the legislature is the first organ of the government. The term 'legislature' is a generic term meaning a body which legislates. The term "Legg" means law and "lature" means the place. Basically, Legislature means a place for law-making. Another term, which is used as a synonym of Legislature,Is "Parliament." This word stands derived from the French Word "Parley" which means "to talk" or to discuss and deliberate.In this way, we can say 'Parliament' means the place where deliberations are held. Combining the two views, we can say Legislature or Parliament is that branch of government which performs the function of lawmaking through deliberations. 3. The legislature is that organ of the government which passes the laws of the government. It is the agency which has the responsibility to formulate the will of the state and vest it with legal authority and force. In simple words, the legislature is that organ of the government which formulates laws. Legislature enjoys a very special and important place in every democratic state. It is the assembly of the elected representatives of the people and represents national public opinion and the power of the people. Types of Legislature 1.A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses/chambers while unicameralism means a legislature with a single house/chamber. Many modern legislatures, particularly of big states, are bicameral Le. legislatures with two houses (BI = Two, Cameral = House). However, several states, mostly the small states and provinces of a federal system, have unicameral legislatures, l.e. legislatures with single houses, Where the legislature is bicameral, "the first house is usually called the lower house, and the second house is called the upper house. Bicameral and Unicameral Legislatures 1.Unicameral legislatures exist when there is no widely perceived need for multicameralism. Many multicameral legislatures were created to give separate voices to different sectors of society. Multiple chambers allowed for guaranteed representation of different social classes (as in the Parliament of Trinidad and Tobago and the United Kingdom or the French States-General), ethnic or regional interests, or subunits of a federation. Where these factors are unimportant, in unitary states with limited regional autonomy, unicameralism often prevails. Sometimes, as In Dominica and Guyana, this comes about through the abolition of one of the two chambers, or, as In Sweden, through the merger of the two chambers Into one, while in others a second chamber has never existed. 2. A bicameral legislature divides the legislators into two separate assemblies, chambers, or houses. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world's national legislatures are bicameral. 3. Advantages of Unicameral Legislature a. One advantage of a unicameral legislature is that it is democratic. Democratic tenets postulate that people who make laws for the masses must be elected in a free and fair election. Members of a unicameral chamber are directly elected by the people, which makes it democratic. b. Unicameral legislature is easy to maintain, that is, it is cheaper to run than a bicameral legislature, since there is no second chamber to maintain. c. Unicameral legislature is also known to be ideal for unitary states.In a bicameral legislature, some form of rivalry is present and unavoidable as the two chambers struggle for superiority. Unicameral legislature prevents squabbles as to which of the houses Is upper and which is lower. d. Unicameral legislature provides room for a faster process of law making and is applicable in moments of emergency. Disadvantages of Unicameral Legislature a. Unicameral legislature does not make room for adequate and equal representation in a country as large as the US. b. A unicameral legislature creates room for the emergence of a dictatorial head of state because it does not check excesses as well as a bicameral legislature. The absence of a second chamber removes those moments of sober reflection on laws that are passed. c. It also creates the opportunity for a government to use the single chamber to force horrible laws through, especially if it has a majority in the chamber. d. Another disadvantage of a unicameral legislature is that the members of the chamber can be unduly Influenced especially by a ruling government that has majority In parliament but sometimes also by the minority party. Advantages of Bicameral Legislature a. Bicameral legislatures make it possible for better laws to be made in the country, since bills are somewhat properly debated in bicameral legislature. b. It is difficult for the executive arms to dominate the two chambers. c. The second chamber of bicameral legislature reduces the workload of the upper house. d. The second chamber of bicameral legislature checks the excesses and guides against the tyranny or dictatorship of a one chamber. e. The second chamber of a bicameral legislature corrects any fault legislation coming from the first chamber. Disadvantages of Bicameral Legislature a. The second chamber of bicameral legislature may used as a dumping ground for political rejects at the polls, if its membership is by nomination or appointment. b. A bicameral legislature encourages duplication of functions, since they perform the same function. c. A bicameral legislature is not good for passing bills in times of emergency because of delays that result from having two chambers. Many legislators must go through the bills before they are passed or carried out. d. Appointment rather than election of members of the upper house as it is done In Britain is undemocratic. This is another disadvantage of a bicameral legislature. e. Bicameral legislatures cause a serious delay in the act of law making. General Functions of the Legislature 1. Legislative or Law-Making Functions:The first and foremost function of a legislature is to legislate i.e., to make laws. In ancient times, laws used to be either derived from customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of democracy, legislature is the chief source of law. It is the legislature which formulates the will of the state into laws and gives it a legal character. Legislature transforms the demands of the people into authoritative laws/statutes. 2. Deliberative Functions: To deliberate upon matters of national importance, public issues. problems and needs is an important function of a modern legislature. Through this function, the legislature reflects the public opinion over various Issues. The debates held in the legislature have a great educational value for the people. 3. Custodian of National Finances: A near universal rule is that "the legislature of the state is the custodian of the national purse." It holds the purse of the nation and controls the finances. No money can be raised or spent by the executive without the approval of the legislature. Each year the executive must prepare and get passed from the legislature the budget for the coming financial year. In the budget, the executive must place the account of the actual income and expenditure of the previous year and estimated Income and expenditure for the New Financial Year. 4.Control over the Executive:A modern legislature has the power to exercise control over the executive. In a parliamentary system of government, for all its actions, decisions, and policies, the executive is collectively responsible before the legislature. It is accountable before the legislature. The legislature has the power to remove the executive by passing a vote of no-confidence or by rejecting a policy or budget or law of the executive. The Prime Minister and all other ministers are essentially the members of the legislature. They are bound by the rules and procedures of the Parliament. The Executive Arm of Government: Definition and Structure 1. The executive is the branch of government that is responsible for the day-to- day management of the state. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to Interpret them (role of the Judiciary). The executive is supposed to put the laws into action. The executive is led by the head of Government. The Head of Government is assisted by several ministers, who usually have responsibilities for areas (e.g. health, education, foreign affairs), and by many government employees or civil servants. In a presidential system, this person (the President) may also be the head of State, but in a parliamentary system, he or she is usually the leader of the largest party in the legislature and is most termed the Prime Minister. 2. In political systems based on the principle of separation of powers, authority is distributed among several branches (executive, legislative, judicial)-an attempt to prevent the concentration of power in the hands of a small group of people. In such a system, the executive does not pass laws or interpret them (the role of the Judiciary). Instead, the executive enforces the law as written by the legislature and interpreted by the Judiciary. The executive can be the source of certain types of law, such as a decree or executive order. Executive bureaucracies are commonly the source of regulations. Types of Executive 1. Nominal and Real Executives: In many countries the Head of the State has nominal powers, as in Great Britain, Japan, Denmark, Sweden, Norway, Belgium and Holland. In these countries, the powers of the Monarch are exercised by his ministers. Thus, there are nominal executives in these countries. Contrary to this, under the Constitution of the U.S.A. and Nigeria, the President has been given many powers and he himself exercises these powers. Therefore, there are real executives in Nigeria and in America. Though Trinidad and Tobago, Barbados and Dominica have been given many powers in the Constitution, yet in actual practice these powers are exercised by his ministers. Thus, there is nominal executive in the Commonwealth Caribbean except in Guyana. 2.Single and Plural types of Executives: Single executive means that all executive powers are vested in one Head of the State, o.g., the President of the US exercises all executive powers. In Switzerland, the executive power is not in the hands of only one individual, but in the hands of a Council of seven members. The Chairman of this Council has no additional powers. Thus all the seven members are equally responsible for the administration In that country. This type of Swiss executive is called Plural Executive. 3.Parliamentary and Presidential Types of Executives: In a parliamentary executive, the Cabinet is responsible to the legislature. This system functions in England, France, Japan, Sri Lanka, India, West Germany, Italy, Sweden, Denmark, Norway, Belgium and the Commonwealth Caribbean. 4.Hereditary and Elective Executives: When a king or queen is the Head of the State and when after his or her death, his son or daughter or, in a case where he or she is Issueless, some of his or her near relative occupies the throne, the system refers to a hereditary executive. This type of executive functions in England, Norway, Sweden, Denmark, Belgium, Holland, Japan and Nepal. Functions and Powers of the Executive 1.Enforcement of Laws:The primary function of the executive is to enforce laws and to maintain law and order in the state. Whenever a breach of law takes place, it is the responsibility of the executive to plug the breach and bring the offenders to book. Each government department is responsible for the implementation of the laws and policies concerning its work. For maintaining law and order in the state, the executive organizes and maintains the police force. 2. Appointment-Making Functions: All major appointments are made by the chief executive, Likewise, the President of the United States makes a very large number of key appointments. All the secretaries who head various government departments, Judges of the Supreme Court and other Federal Courts, the Federal officials in the States etc., are appointed by the US President. However, all such appointments require the approval of the US Senate (Upper House US Congress l.o., Parliament). 3.Treaty-Making Functions: It is the responsibility of the executive to decide as to which treaties are to be signed with which other countries. The executive negotiates the treaties in accordance with the procedure defined by international law and in accordance with the provisions of the constitution of the state. Each treaty is signed by a member of the executive. Most of the treaties also require ratification by the legislature of the State. It is again the responsibility of the executive to secure legislative approval for the treaties signed by it. 4.Policy-Making: Modern welfare state must carry out many functions for securing the socio- economic-cultural development of its people. It must formulate policies, prepare short-term and long-term plans and implement these. All actions of the state are guided by definite policies and plans. It is the executive which undertakes the task of policy-making and developmental planning. These are the two most important functions of the executive, because by these the state carries out its objective of promoting the welfare of its people. 5.Functions Related to Law-Making:Law-making is primarily the function of the legislature. However, the executive also plays a role in law-making. In this sphere too, the role of the executive has been increasing by leaps and bounds. In a parliamentary system, the ministers are also members of the legislature, and they play a leading role in law-making. Most of the bills for legislation are introduced and piloted by them in the legislature. Most of the time of the legislature is spent in passing the governmental bills. The bills passed by the legislature become laws only after these are signed by the Head of the State. 6.Financial Functions: It is the legislature which is the custodian of all finances. It has the power to Impose or reduce or eliminate a tax. However, in actual practice, the executive exercises several financial functions. It has the responsibility to prepare the budget. It proposes the levy of new taxes or changes in tax structure and administration. It collects and spends the money as sanctioned by the legislature. The executive decides the ways and means through which the money Is to be collected and spent. It formulates all economic policies and plans. It takes suitable measures for regulating the production and distribution of goods, money supply, prices and exports and Imports. It contracts foreign loans, negotiates foreign aid and maintains the financial credibility of the state. Introducing the Judiciary 1.The Judiciary or Judicial system is the system of courts that administer justice in the name of the sovereign or state. A judicial system is used to resolve disputes. The term is also used to refer collectively to the judges and magistrates who form the basis of a Judiciary, as well as the other people who help keep the system running properly. Separation of powers causes separate branches of government that each have a different purpose. The judiciary is the branch of government that Interprets the law. Such systems as already discussed usually have three branches: Legislature, Executive and Judiciary. Often the judiciary branch has courts of first resort, appellate courts, and a supreme court or constitutional court. Decisions of the lower courts may be appealed to the higher courts. 2.Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applles it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow. This branch of the state is often tasked with ensuring equal justice under law. The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly. Functions of the Judiciary 1.To Give Justice to the People:The first and foremost function of the judiciary is to give Justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people. The aggrieved citizens can go to the courts to seek redress and compensation. They can do so either when they fear any harm to their rights or after they have suffered any loss. The judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all cases involving grant of compensations to the citizens. 2.Interpretation and Application of Laws: One of the major functions of the Judiciary is to interpret and apply laws to specific cases. While deciding the disputes that come before it, the judges Interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the Judges Interpret it to mean. 3.Role in Law-Making: The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The Interpretation of laws by the judiciary amounts to law- making as it is these interpretations which really define the laws. Moreover, the Judgments delivered by the higher courts, which are the Courts of Records, are binding upon lower courts. The latter can decide the cases before them based on the decisions made by the higher courts. Judicial decisions constitute a source of law. 4.Equity Legislation: Where a law is silent or ambiguous or appears to be inconsistent with some other law of the land, the judges depend upon their sense of Justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always Involve law-making. It is usually termed as equity legislation. 5.Protection of Rights:The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organizations or fellow citizens. In all such cases, It becomes the responsibility of the judiciary to protect the rights of the people. 6.Guardian of the Constitution:The judiciary acts as the guardian of the Constitution. TheConstitution is the supreme law of the land, and it is the responsibility of the judiciary to Interpret and protect it. For this purpose, the Judiciary can conduct judicial review over any law for determining whether it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary, and it becomes invalid for future. This power of the court is called the power of judicial review. 7.Power to Get Its Decisions and Judgments Enforced:The judiciary has the power not only to deliver judgments and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions. It can summon any person and directly find out the truth from him. In case any person is held guilty of not following any decision of the court, or of acting against the direction of the court, or of misleading the court, or of not appearing before the court in a case being heard by it, the Court has the power to punish the person for the contempt of court. 8.Running of the Judicial Administration:The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organization and officials. It has the power to decide the nature of judicial organization in the state. It frames and enforces its own rules. These govern the recruitment and working of the magistrates and other persons working in the courts. It makes and enforces rules for the orderly and efficient conduct of judicial administration. Judicial Independence 1.Judicial independence is the concept that the judiciary should be Independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan Interests. Judicial Independence is important to the Idea of separation of powers. Different countries deal with the Idea of judicial independence through different means of judicial selection or choosing judges. One way to promote judicial Independence is by granting life tenure or long tenure for Judges, which Ideally frees them to decide cases and make rulings according to the rule of law and Judicial discretion, even If those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. Ensuring Judicial Independence 1.Political Neutrality Another way of ensuring Judicial independence is to make them politically neutral. The Judges must be barred from taking part in partisan politics. They must not be allowed to make any comment or comment that may be deemed too political in any sense or by any stretch of Imagination. 2.Attractive Remuneration Again, to ensure the Independence of the Judiciary, their salaries and allowances must be so attractive that they are not attracted to take bribes. Their salaries can never be varying downward. If their salary and allowances must be varied, they can only be varled upward. They must also be allowed to retire on their salary. In other words, when judges retire, they must continue to take their salaries as pension. 3.Recruitment Of Judges One of the ways of ensuring judicial independence is the way the Judges are recruited and appointed. Normally, the judges are appointed by the executive arm of government but under the recommendation of an Independent body such as Judicial Council. 4.Immunity Of Prosecution Another means by which the Independence of the judiciary Is ensured is to give them immunity from prosecution for acts committed in the process of carrying out their assigned functions. In other words, the judges can never suffer any punishment for any judgment given as they play their assigned role of administering Justice. 5.Salaries Charged On The Consolidated Fund Finally, to ensure the Independence of the judiciary, their salaries and emoluments must be charged to the Consolidated Fund. This ensures a continual flow and payment cannot be truncated for lack of funds, 6.Tenure Of Office To ensure that the judiciary is independent, the judges must enjoy a secure tenure of office. This means that the judges hold their job for as long as they are capable of performing without being fired. The only time they can be prevented from doing their job is when they have reached their retirement age, or where they conduct themselves in a way that brings their office into disrepute or when they fall sick to the extent that they are incapable of functioning In their office. Bureaucracies 1.In the field of politics, bureaucracy refers to the administrative machinery of the state, that is, the massed ranks of civil servants and public officials who are charged with the execution of government business. 2.The academic study of bureaucracy has been dominated by the work of Marx Weber. For Weber, bureaucracy was an ideal type of rules based on a system of rational rules, as opposed to either tradition or charisma. Principles That Characterize A Bureaucratic Organization: a. Jurisdictional areas are fixed and official and ordered by laws and rules. b. There is a firmly ordered hierarchy, which ensures that lower offices are supervised by specified higher ones within a chain of command. c. Business is managed based on written documents and a filing system. d. The authority of officials Is Impersonal and stems entirely from the post they hold, not from personal status. e. Bureaucratic rules are strict enough to minimize the scope of personal discretion. f. Appointment and advancement within a bureaucracy are based on professional criteria, such as training, expertise and administrative competence. Functions Of Bureaucracies: A.Administration B. Policy advice C. Articulating interest. Bureaucracies are brought into contact with Interest groups through their tasks of policy implementation and their Involvement in policy formulation and advice. D Political stability. The final function of bureaucracies is to provide a focus of stability and continuity within political systems. Sources Of Bureaucratic Power A. The strategic position of bureaucrats in the policy process B. The logistical relationship between bureaucrats and ministers C. The status and expertise of bureaucrats What is Ideology? 1.Ideology is a systematized and interconnected set of ideas that direct and guide the action of political leaders. It is the fundamental principle or philosophy of government by which the socio-economic and political organization of society revolves. It contains ideals, ends and purposes that the society should pursue. Ideology as a philosophy explains the nature of man's humanity, an economic programme which suggests the appropriate political structure for the pursuit through the relevant economic programme of the ideals of humanity Ideology can be distinguished from other forms of political thought such as political philosophy, political theory, etc. Characteristics of ideology a) Most ideologies tend to arise in conditions of crisis. They are either designed to help those who are subjugated in a society or help the oppressor to justify their privileges. b) The varying scope of an ideology can also be seen from the range of facts or phenomena which a given ideology seeks to incorporate. c) Ideology is a systematic pattern of political thought. Just like a theory, ideology is an abstraction from reality embodying only the most essential elements of the reality it seeks to describe/explain and change. d) Each ideology includes both empirical and normative elements. The empirical elements consist mostly of the features of reality, social, political or economic, which are observable, while the normative element in an ideology consists of all those features of reality which even though not observable are considered desirable. e) Most ideologies tend to be exclusive, absolute and universal in character. Each ideological system is usually characterized by a claim of exclusive relevance to the problems of a given age and time. All ideologies also share the main feature they claim universality for the aims and objectives which they seek to attain. For example, the capitalists believe that it is a universal system, and the socialists attempt also to universalize the system. f) Ideology is a persuasive argument designed to motivate active involvement on the part of its adherents. g) Ideology tends to be personalized, scriptualised and programmatic. That is, it can be turned into religious beliefs. h) Ideology undergoes development but is resistant to fundamental change in its world view. Functions of Ideology 1.In view of the nature and importance of ideology for society generally, it follows that ideology performs very useful functions in the organization of modern society. These functions include: a) Legitimation of Leadership: This implies that those who occupy political authority often justify their positions and actions based on certain principles. By doing so,ideology provides the government with legitimacy and helps it obtain compliance from the people. b) A cognitive structure for looking at society generally. By doing so, a given ideology enables members of a society to explain, justify and order several existential conditions which would otherwise prove Impossible to master or explain. Thus, in the hands of the ruling class it can be and often is a potent instrument for the consolidation of state power. c) Ideology provides a prescriptive formula, a guide to individual action and judgment. This has to do with the legitimizing of the acts of those in positions of power, for it is only when the exercise of power is seen as to conform to certain ideological norms and values that the power of force can be transformed into authority, power based on the need to comply without force. d) Ideology provides individuals or groups a means of self-identification. This helps to satisfy specific personal needs, a means for self-evaluation and social solidarity. e) Guide to policy choice and assessment of conduct. It provides the framework for making policy choices by the government and the parameters for assessing the conduct of officials and the performance of government. f) Dynamic force in life, that is every ideology provides an explanation of reality to its adherents and seeks to motivate them to action. Liberalism 1.Liberal component of liberal democracy is derived from liberalism, which is pro-democratic political ideology that asserts that there should be as much individual freedom in the modern State as is compatible with the freedom of others. Liberalism is an individualist creed, which developed in the 17th and 18th century mainly as a reaction against unrestricted absolute monarchs in Europe. The development of capitalism and Western democracy arises from the doctrine of liberalism. Liberalism was an ideology or doctrine which became pervasive among the European monarchs or bourgeoisie (the middle-class businessman, intellectual professionals, etc.). The ideology arose as a movement against monarchical absolutism and the church in Europe during the late eighteenth century. 2) The underlying principles of classical liberalism include: a) A recognition of the rights of individuals to opportunities to demonstrate their innate potentials. b) An insistence that political power should be in the hands of those who own property and those who have demonstrated ingenuity and the capacity to lead. c) The conception of the duty of government to be restricted to the protection of the individual and his rights to own property. d) A recognition of the right of individuals to equal economic and political participation. Democracy 1.Democracy does not have a universally acceptable definition. Different scholars attempted to give their own interpretation. Abraham Lincoln is famous definition of democracy "as the government of the people, by the people and for the people" remains most valid up till date. This explains why modern democracy is a representative democracy, which marked significantly from the classical democracy of Athenian type. In Ancient Athens, democracy was characterized by the following: first, supreme power was vested on the "ekklesia" which is the assembly of all male citizens at which each was entitled to participate by discussing and voting this may be called 'direct democracy. To describe democracy, four basic elements are apparent. These are Equality Sovereignty of the people Respect for human life The individual Which is simply equal right and opportunity for all citizens to hold political office. 2.Democracy has certain principles which have universal application. First, the principle of popular consultation, that in a democracy decisions are taken after the citizens have been widely consulted. Second, political sovereignty, this implies that in a democracy power belongs to the people (electorate). Third, political equality, Democratic equality as one of the basic tenets implies one man one vote, irrespective of social status, wealth, religion, etc. Fourth, majority rule and minority rights implies that the majority will always have their ways while the minority opinion must be respected. Fifth, fundamental human rights which includes the right to life, liberty and property. Sixth, independent of the judiciary that the judiciary must be independent in order to play its role as an arbiter. Seventh, it opposes arbitrary rule by the leaders Eight the obedience of the rule of law. 3.Three basic variants or models of democracy: These are first, the direct or participatory democracy in which citizens are involved, as in ancient Greek City States. The second model is the liberal or representative democracy, in which the citizens elect their representatives to represent them and make decisions on their behalf and rule them within the framework of "rule of law". The third model of democracy is the "Marxist tradition". This is popularly referred to as people's democracy The Marxian thought of democracy is that it seeks to explain how equality of all citizens from the political, economic and social Efo is to be guaranteed in the society. 4) The practice of democracy varies from place to place. Some countries operate it at a much higher level than others. A system is considered than others to be democratic when the people have a basic freedom which must be preserved; when the people can manage their own affairs and when governments exist for the good of the majority. The political systems such as the USA, Britain, France, Sweden, Germany and few other European countries are usually described as liberal democratic States. 5) The growth of modern liberal democracies dates back from the 1970s and 1980s. The 1970s saw quite a number of West European States moving towards democratic rule after many years of authoritarianism. In the 1980s and 1990s, there was democratic movement in parts of the world, notably, in South America, countries of Brazil and Argentina, in Africa and Southeast Asia e.g South Korea, Taiwan. After the collapse of the Soviet bloc in 1991, the Soviet satellite countries joined the clubs of democratic States. 6) A liberal democracy is a political system where: a) periodic free and fair" elections take place to determine how governments are formed and how the legislature is constituted, with free political competition for groups and political parties and some reasonably efficient system for assuring majority rule; and b) fundamental civil liberties are protected by law and constitutional safeguards, while legal enactments and rules are equally and impartially enforced by an independent judicial and legal system. 7) The liberal conception of democracy emphasizes majority rule, protection of civil liberties, It is reasoned that without the protection of civil and political liberties the government will become tyrannical; although there is always a limit to the enjoyment of such liberties. All liberal democracies guarantee to the citizens the rights of poütical participation in one form or the other, but such rights are limited through certain laws. Socialism 1.Socialism has often been misinterpreted because of its complex nature. It is perhaps, the most complete political ideology because its goals are all encompassing a. It is both an economic system and social, political and moral philosophy. b. Socialism can be conceived as an ideology and a political movement or a method to bring about social, economic and political transformation. c. Socialism refers to a system, in any country, of the organization of economic production, distribution and exchange. d. It is a system in which the major factors of economic production, distribution and exchange are in the hands of the state. 2. a. Socialism is a political movement for the establishment of a socialist system of government. b. It is also a method as well as a doctrine for the organization of socialist political parties and trade unions. c. Socialism represents a stage or epoch in the historical transformation of societies from capitalism to communism. d. Socialism is a protest against capitalism, which emphasizes private ownership of property or means of production, distribution and exchange. e. Communism is the last stage of socialism, which will lead to the establishment of the dictatorship of the proletariat or workers. Origins of Socialism 1. The origin of socialism is traced to pre-Revolutionary France. Jean Jacque Rousseau, though not a socialist, gave leftist foundations of egalitarianism on which socialism is based. After the French Revolution, utopian socialists deplored the suffering caused by early capitalism and claimed that humanity was destined to live communally. But the failure of utopian socialist to explain adequately and in a more scientific manner about social relationships informed Marx's "scientific socialism", which came to dominate the movement.After Marxs death the socialist movement shattered into three distinct and competitive variants. First, the orthodox school, which rejected any significant change to Marx's works and rapidly became obsolete. The second was the revisionists and the Febians that challenged most of the fundamental Manist theories preferring more gradual and peaceful development of the socialist goals. Their ideas had a great impact on almost every modern non-Alandst socialist movement in Europe and America. The third is Marxism-Leninism that developed after Marx's death. Basic Features of Socialism a) Public Ownership of Production: The concept of public ownership and control of the major means of production is a fundamental principle of socialism. This is through nationalization and in advanced Western states cooperatives as a means of socializing the economy. b) The Welfare State: This is to allow for equitable distribution of wealth throughout society. What is much more important to the socialist is the distribution of the goods and services and not just the production c) The Socialist Intent Baradat (1997) argues that the first two features are mechanical in nature and not necessarily related to each other. To him a society could socialize many, or even all, of its major means of production and still avoid creating a welfare state. Dictatorial Ideologies 1) Essentially, all other political ideologies that do not share the same characteristics as democracy are dictatorial in nature. In this section, we attempt to bring out the basic elements that are common to all the dictatorial regimes in the history of mankind. The dictatorial ideologies that we shall be considering here are authoritarianism, totalitarianism, fascism, autocracy, tyranny, etc. 2) Authoritarianism represents various forms of autocratic rule in which political authority is concentrated in the hands of one person or a small group of persons. This may be seen as oligarchy, that is, government by few individuals that are considered as elites. These could be in the military, that is, when the military regime is in power, it is usually made up of a few persons that constitute themselves as ruling clique. In such a system political power is highly centralized and the power which the regime wields is arbitrarily used. 3.Like all dictatorial regimes, political power is in the hands of one person or an oligarchy. Since dictatorship implies irresponsible exercise of political power with no moral or political control or restrain, no election and political opposition is allowed, etc A despot is a tyrant who induces fear on his subjects to compel obedience. A tyrannical ruler does not obey the constitution if there is any, arbitrarily laws are made without regard to fundamental human rights and rule of law 4. Despotism and tyranny are extreme versions of dictatorship. In this case, despotism and tyranny display various forms of total control of the entire public and private life of the citizens. The citizens are subjected and subjugated in various ways by the loaders as it were in Fascist Italy under Benito Mussolini, Naz Germany of Adolf Hitler, Communist Russia under V. I. Lenin, Stalin, and so on. 5. Fascism is a kind of ideology which grew up in the 20th century. Fascism as a political doctrine or Ideology was rooted from totalitarianism. Fascism a political theory, came to Italy in 1922, during the expression which followed World War I. The Fascist leader Benito Mussolini spread the doctrine of fascism in all the nooks crannies in Europe, Fascist leader was seen as the most superior and controls all the instruments of coercion and violence. The loader believed in war and not peace. To Mussolini, war is to man what maternity is to a woman". The central political idea of fascism is the creation of a truly sovereign state with a sovereign authority. The state dominates all other forces within the country and is at the same time guiding the sentiments of the masses, educating the masses and looking after the interest of the masses. According to Mussolini, fascism is against international peace, socialism, pacifism, democracy and individualism. Fascism is thus, the totalitarian organization of government and society by a single party dictatorship which is intensely nationalist, racist, militaristic and Imperialistic. 6. Nazism which was a political movement in which Adolf Hitler ruled Germany between (1933-1945) shares the same political ideas or doctrine with fascism, except that Adolf Hitler emphasized the superiority or supremacy of the Aryan race, while fascism emphasized the supremacy of the leader over the state. Both fascism and Nazism were all rooted from totalitarianism. 7.Totalitarianism is an advanced form of authoritarianism. In an authoritarian government as earlier alluded to, power is concentrated in an individual or in the hands of a group. Monarchies, oligarchies, and military governments are examples of authoritarian governments. Just like these forms of government, a totalitarian state does not allow the majority of citizens any direct or institutionalized role in the process of decision-making. There are important limitations to political parties and elections.The political rulers caftan place greater emphasis on force and coercion to obtain political conformity and obedience. Totalitarianism therefore is a doctrine based on the use of terror or force to compel obedience. The entire Ido both patiscal, economic, and social is in the hands of the state, represented by the leaders. Examples of totalitarian regimes or states include fascist Italy under Mussolini, Nazi Germany and the Soviet Union under Stalin. Communist China under Mao Tsetsung also pursued the goal of the dictatorship of the proletariat. 2. A nation in ethnological sense is commonly defined as a group of people who form a distinctive community by inhabiting a definite territory and recognizing themselves as possessing a relatively homogenous set of cultural traits. Those cultural traits include a common or related blood, a common language, a common religion, a common historical tradition and common customs and habits. 3. Not all the above Ingredients need to be present among the people to produce the spirit of nationalism Le., a sense of belonging to a homogenous unified group. In other words, a nation need not necessarily be a state. The modern state is therefore not necessarily a unitary nation, it may be multi- national in composition religious It may contain a national minority or ethnic group who may exist simply as a social group cherishing its own social manners and culture, Its own religious or dialect and its own form of religious worship. Switzerland for example is a nation with three races, four. ROLES PERFORMED BY THE STATE 1. The Minimal State: this idea is found in classical liberal theory. The aim is to ensure that individuals enjoy the widest possible reality of freedom.The value of the state is that it has the capacity to constrain human behaviour and thus prevent individuals from encroaching upon the rights and liberty of others. First, the state exists to maintain domestic order. Second, it ensures that contracts or voluntary agreements made between private citizens are enforced and third, It provides protection against external attack. The Institutional machinery of a minimal state is limited to a police force, a court system and a military. Developmental State A developmental state is one that Intervenes in economic life with the specific purpose of promoting Industrial growth and economic development. There is a strong relationship between state and private economic Institutions with the goal of securing rapid economic development. The classic example of a developmental state is Japan. SOCIAL-DEMOCRATIC STATES Social-democratic states Intervene with a view to bringing about broader social restructuring, usually in accordance with principles such as fairness, equity and social justice. The social-democratic state is an active participant in helping to rectify the Imbalances and Injustices of a market economy. It focuses less upon the generation of wealth and more upon the equitable distribution of wealth. The Totalitarian state 1. The most extreme and extensive form of Interventionism is found in totalitarian states. 2. The fundamental nature of totalitarianism is the construction of an all- embracing state, the Influence of which penetrates every aspect of human existence. 3. The state brings not only the economy but education, culture, religion, family life under direct state control. 4. The central pillars of such regimes are a comprehensive process of surveillance and terrorist policing and a pervasive system of Ideological manipulation and control. THE HOLLOW STATE 1. This occurs most dramatically in parts of the developing world, where fractured or disintegrating state apparatuses are confronted by ethnic unrest or the growing menace of organized crime. 2. The result is the emergence of stateless nations, where functions that once belonged to the state have gradually been transferred to other Institutions and bodies. MACHINERY OF GOVERNMENT The Legislature 1. The Legislature is a word that comes from the Latin language, meaning "those who write the laws." A legislature is therefore a group of people who vote for new laws, for example in a state or country. Each person in the legislature is usually either elected or appointed. The constitution of that state or country usually tells how a legislature Is supposed to work.In many countries, the legislature is called a Parliament, Congress, or National Assembly. Sometimes there are two groups of members in the legislature, This is called a "bicameral legislature. A unicameral legislature has only one group of members.A country, district, city, or other small area may also have something like a legislature. These are often called councils, and they make smaller laws for their areas. Meaning 2. Of the three organs of the government, the place of primacy belongs to the Legislature. The function of government begins by law-making and is followed up by law-enforcement and adjudication functions. As such, the legislature is the first organ of the government. The term 'legislature' is a generic term meaning a body which legislates. The term "Legg" means law and "lature" means the place. Basically, Legislature means a place for law-making. Another term, which is used as a synonym of Legislature, Is "Parliament." This word stands derived from the French word "Parley" which means "to talk" or to discuss and deliberate. In this way, we can say 'Parliament' means the place where deliberations are held. Combining the two views, we can say Legislature or Parliament Is that branch of government which performs the function of lawmaking through deliberations. 3. The legislature is that organ of the government which passes the laws of the government. It is the agency which has the responsibility to formulate the will of the state and vest it with legal authority and force. In simple words, the legislature is that organ of the government which formulates laws. Legislature enjoys a very special and important place in every democratic state. It is the assembly of the elected representatives of the people and represents national public opinion and the power of the people. Types of Legislature 1.A modern legislature is either Bicameral or Unicameral. Bicameralism means a legislature with two houses/chambers while unicameralism means a legislature with a single house/chamber. Many modern legislatures, particularly of big states, are bicameral Le. legislatures with two houses (BI = Two, Cameral = House). However, several states, mostly the small states and provinces of a federal system, have unicameral legislatures, l.e. legislatures with single houses, Where the legislature is bicameral, "the first house is usually called the lower house, and the second house is called the upper house. Bicameral and Unicameral Legislatures 1.Unicameral legislatures exist when there is no widely perceived need for multicameralism. Many multicameral legislatures were created to give separate voices to different sectors of society. Multiple chambers allowed for guaranteed representation of different social classes (as in the Parliament of Trinidad and Tobago and the United Kingdom or the French States-General), ethnic or regional interests, or subunits of a federation. Where these factors are unimportant, in unitary states with limited regional autonomy, unicameralism often prevails. Sometimes, as In Dominica and Guyana, this comes about through the abolition of one of the two chambers, or, as In Sweden, through the merger of the two chambers Into one, while in others a second chamber has never existed. 2. A bicameral legislature divides the legislators into two separate assemblies, chambers, or houses. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group, and from some legislatures that have three or more separate assemblies, chambers, or houses. As of 2015, fewer than half the world's national legislatures are bicameral. 3. Advantages of Unicameral Legislature a. One advantage of a unicameral legislature is that it is democratic. Democratic tenets postulate that people who make laws for the masses must be elected in a free and fair election. Members of a unicameral chamber are directly elected by the people, which makes it democratic, b. Unicameral legislature is easy to maintain, that is, it is cheaper to run than a bicameral legislature, since there is no second chamber to maintain. c. Unicameral legislature is also known to be ideal for unitary states.In a bicameral legislature, some form of rivalry is present and unavoidable as the two chambers struggle for superiority. Unicameral legislature prevents squabbles as to which of the houses Is upper and which is lower. d. Unicameral legislature provides room for a faster process of law making and is applicable in moments of emergency. Disadvantages of Unicameral Legislature a. Unicameral legislature does not make room for adequate and equal representation in a country as large as the US. b. A unicameral legislature creates room for the emergence of a dictatorial head of state because it does not check excesses as well as a bicameral legislature. The absence of a second chamber removes those moments of sober reflection on laws that are passed. c. It also creates the opportunity for a government to use the single chamber to force horrible laws through, especially if it has a majority in the chamber. d. Another disadvantage of a unicameral legislature is that the members of the chamber can be unduly Influenced especially by a ruling government that has majority In parliament but sometimes also by the minority party. Advantages of Bicameral Legislature a. Bicameral legislatures make it possible for better laws to be made in the country, since bills are somewhat properly debated in bicameral legislature. b. It is difficult for the executive arms to dominate the two chambers. c. The second chamber of bicameral legislature reduces the workload of the upper house. d. The second chamber of bicameral legislature checks the excesses and guides against the tyranny or dictatorship of a one chamber. e. The second chamber of a bicameral legislature corrects any fault legislation coming from the first chamber. Disadvantages of Bicameral Legislature a. The second chamber of bicameral legislature may used as a dumping ground for political rejects at the polls, if its membership is by nomination or appointment. b. A bicameral legislature encourages duplication of functions, since they perform the same function. c. A bicameral legislature is not good for passing bills in times of emergency because of delays that result from having two chambers. Many legislators must go through the bills before they are passed or carried out. d. Appointment rather than election of members of the upper house as it is done In Britain is undemocratic. This is another disadvantage of a bicameral legislature. e. Bicameral legislatures cause a serious delay in the act of law making. General Functions of the Legislature 1. Legislative or Law-Making Functions:The first and foremost function of a legislature is to legislate i.e., to make laws. In ancient times, laws used to be either derived from customs, traditions and religious scriptures, or were issued by the kings as their commands. However, in the contemporary era of democracy, legislature is the chief source of law. It is the legislature which formulates the will of the state into laws and gives it a legal character. Legislature transforms the demands of the people into authoritative laws/statutes. 2. Deliberative Functions: To deliberate upon matters of national importance, public issues. problems and needs is an important function of a modern legislature. Through this function, the legislature reflects the public opinion over various Issues. The debates held in the legislature have a great educative value for the people. 3. Custodian of National Finances: A near universal rule is that "the legislature of the state is the custodian of the national purse." It holds the purse of the nation and controls the finances. No money can be raised or spent by the executive without the approval of the legislature. Each year the executive must prepare and get passed from the legislature the budget for the coming financial year. In the budget, the executive must place the account of the actual income and expenditure of the previous year and estimated Income and expenditure for the New Financial Year. 4.Control over the Executive:A modern legislature has the power to exercise control over the executive. In a parliamentary system of government, for all its actions, decisions, and policies, the executive is collectively responsible before the legislature. It is accountable before the legislature. The legislature has the power to remove the executive by passing a vote of no-confidence or by rejecting a policy or budget or law of the executive. The Prime Minister and all other ministers are essentially the members of the legislature. They are bound by the rules and procedures of the Parliament. The Executive Arm of Government: Definition and Structure 1. The executive is the branch of government that is responsible for the day-to- day management of the state. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to Interpret them (role of the Judiciary). The executive is supposed to put the laws into action. The executive is led by the head of Government. The Head of Government is assisted by several ministers, who usually have responsibilities for areas (e.g. health, education, foreign affairs), and by many government employees or civil servants. In a presidential system, this person (the President) may also be the head of State, but in a parliamentary system, he or she is usually the leader of the largest party in the legislature and is most termed the Prime Minister. 2. In political systems based on the principle of separation of powers, authority is distributed among several branches (executive, legislative, judicial)-an attempt to prevent the concentration of power in the hands of a small group of people. In such a system, the executive does not pass laws or interpret them (the role of the Judiciary). Instead, the executive enforces the law as written by the legislature and interpreted by the Judiciary. The executive can be the source of certain types of law, such as a decree or executive order. Executive bureaucracies are commonly the source of regulations. Types of Executive 1. Nominal and Real Executives: In many countries the Head of the State has nominal powers, as in Great Britain, Japan, Denmark, Sweden, Norway, Belgium and Holland. In these countries, the powers of the Monarch are exercised by his ministers. Thus, there are nominal executives in these countries. Contrary to this, under the Constitution of the U.S.A. and Nigeria, the President has been given many powers and he himself exercises these powers. Therefore, there are real executives in Nigeria and in America. Though Trinidad and Tobago, Barbados and Dominica has been given many powers in the Constitution, yet in actual practice these powers are exercised by his ministers. Thus, there is nominal executive in the Commonwealth Caribbean except in Guyana. 2.Single and Plural types of Executives: Single executive means that all executive powers are vested in one Head of the State, o.g., the President of the US exercises all executive powers. In Switzerland, the executive power is not in the hands of only one individual, but in the hands of a Council of seven members. The Chairman of this Council has no additional powers. Thus all the seven members are equally responsible for the administration In that country. This type of Swiss executive is called Plural Executive. 3.Parliamentary and Presidential Types of Executives: In a parliamentary executive, the Cabinet is responsible to the legislature. This system functions in England, France, Japan, Sri Lanka, India, West Germany, Italy, Sweden, Denmark, Norway, Belgium and the Commonwealth Caribbean. 4.Hereditary and Elective Executives: When a king or queen is the Head of the State and when after his or her death, his son or daughter or, in a case where he or she is Issueless, some of his or her near relative occupies the throne, the system refers to a hereditary executive. This type of executive functions in England, Norway, Sweden, Denmark, Belgium, Holland, Japan and Nepal. Functions and Powers of the Executive 1.Enforcement of Laws:The primary function of the executive is to enforce laws and to maintain law and order in the state. Whenever a breach of law takes place, it is the responsibility of the executive to plug the breach and bring the offenders to book. Each government department is responsible for the implementation of the laws and policies concerning its work. For maintaining law and order in the state, the executive organizes and maintains the police force. 2. Appointment-Making Functions: All major appointments are made by the chief executive, Likewise, the President of the United States makes a very large number of key appointments. All the secretaries who head various government departments, Judges of the Supreme Court and other Federal Courts, the Federal officials in the States etc., are appointed by the US President. However, all such appointments require the approval of the US Senate (Upper House US Congress l.o., Parliament). 3.Treaty-Making Functions: It is the responsibility of the executive to decide as to which treaties are to be signed with which other countries. The executive negotiates the treaties in accordance with the procedure defined by international law and in accordance with the provisions of the constitution of the state. Each treaty is signed by a member of the executive. Most of the treaties also require ratification by the legislature of the State. It is again the responsibility of the executive to secure legislative approval for the treaties signed by it. 4.Policy-Making: Modern welfare state must carry out many functions for securing the socio- economic-cultural development of its people. It must formulate policies, prepare short-term and long-term plans and implement these. All actions of the state are guided by definite policies and plans. It is the executive which undertakes the task of policy-making and developmental planning. These are the two most important functions of the executive, because by these the state carries out its objective of promoting the welfare of its people. 5.Functions Related to Law-Making:Law-making is primarily the function of the legislature. However, the executive also plays a role in law-making. In this sphere too, the role of the executive has been increasing by leaps and bounds. In a parliamentary system, the ministers are also members of the legislature, and they play a leading role in law-making. Most of the bills for legislation are introduced and piloted by them in the legislature. Most of the time of the legislature is spent in passing the governmental bills. The bills passed by the legislature become laws only after these are signed by the Head of the State. 6.Financial Functions: It is the legislature which is the custodian of all finances. It has the power to Impose or reduce or eliminate a tax. However, in actual practice, the executive exercises several financial functions. It has the responsibility to prepare the budget. It proposes the levy of new taxes or changes in tax structure and administration. It collects and spends the money as sanctioned by the legislature. The executive decides the ways and means through which the money Is to be collected and spent. It formulates all economic policies and plans. It takes suitable measures for regulating the production and distribution of goods, money supply, prices and exports and Imports. It contracts foreign loans, negotiates foreign aid and maintains the financial credibility of the state. Introducing the Judiciary 1.The Judiciary or Judicial system is the system of courts that administer justice in the name of the sovereign or state. A judicial system is used to resolve disputes. The term is also used to refer collectively to the judges and magistrates who form the basis of a Judiciary, as well as the other people who help keep the system running properly. Separation of powers causes separate branches of government that each have a different purpose. The judiciary is the branch of government that Interprets the law. Such systems as already discussed usually have three branches: Legislature, Executive and Judiciary. Often the judiciary branch has courts of first resort, appellate courts, and a supreme court or constitutional court. Decisions of the lower courts may be appealed to the higher courts. 2.Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applles it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow. This branch of the state is often tasked with ensuring equal justice under law. The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly. Functions of the Judiciary 1.To Give Justice to the People:The first and foremost function of the judiciary is to give Justice to the people, whenever they may approach it. It awards punishment to those who after trial are found guilty of violating the laws of the state or the rights of the people. The aggrieved citizens can go to the courts to seek redress and compensation. They can do so either when they fear any harm to their rights or after they have suffered any loss. The judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all cases involving grant of compensations to the citizens. 2.Interpretation and Application of Laws: One of the major functions of the Judiciary is to interpret and apply laws to specific cases. While deciding the disputes that come before it, the judges Interpret and apply laws. Every law needs a proper interpretation for getting applied to every specific case. This function is performed by the judges. The law means what the Judges Interpret it to mean. 3.Role in Law-Making: The judiciary also plays a role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The Interpretation of laws by the judiciary amounts to law- making as it is these interpretations which really define the laws. Moreover, the Judgments delivered by the higher courts, which are the Courts of Records, are binding upon lower courts. The latter can decide the cases before them based on the decisions made by the higher courts. Judicial decisions constitute a source of law. 4.Equity Legislation: Where a law is silent or ambiguous or appears to be inconsistent with some other law of the land, the judges depend upon their sense of Justice, fairness, impartiality, honesty and wisdom for deciding the cases. Such decisions always Involve law-making. It is usually termed as equity legislation. 5.Protection of Rights:The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has the right to seek the protection of the judiciary in case his rights are violated or threatened to be violated by the government or by private organizations or fellow citizens. In all such cases, It becomes the responsibility of the judiciary to protect the rights of the people. 6.Guardian of the Constitution:The judiciary acts as the guardian of the Constitution. TheConstitution is the supreme law of the land, and it is the responsibility of the judiciary to Interpret and protect it. For this purpose, the Judiciary can conduct judicial review over any law for determining whether it is in accordance with the letter and spirit of the constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary, and it becomes invalid for future. This power of the court is called the power of judicial review. 7.Power to Get Its Decisions and Judgments Enforced:The judiciary has the power not only to deliver judgments and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions. It can summon any person and directly find out the truth from him. In case any person is held guilty of not following any decision of the court, or of acting against the direction of the court, or of misleading the court, or of not appearing before the court in a case being heard by it, the Court has the power to punish the person for the contempt of court. 8.Running of the Judicial Administration:The judiciary is not a department of the government. It is independent of both the legislature and the executive. It is a separate and independent organ with its own organization and officials. It has the power to decide the nature of judicial organization in the state. It frames and enforces its own rules. These govern the recruitment and working of the magistrates and other persons working in the courts. It makes and enforces rules for the orderly and efficient conduct of judicial administration. Judicial Independence 1.Judicial independence is the concept that the judiciary should be Independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan Interests. Judicial Independence is important to the Idea of separation of powers. Different countries deal with the Idea of judicial independence through different means of judicial selection or choosing judges. One way to promote judicial Independence is by granting life tenure or long tenure for Judges, which Ideally frees them to decide cases and make rulings according to the rule of law and Judicial discretion, even If those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. Ensuring Judicial Independence 1.Political Neutrality Another way of ensuring Judicial independence is to make them politically neutral. The Judges must be barred from taking part in partisan politics. They must not be allowed to make any comment or comment that may be deemed too political in any sense or by any stretch of Imagination. 2.Attractive Remuneration Again, to ensure the Independence of the Judiciary, their salaries and allowances must be so attractive that they are not attracted to take bribes. Their salaries can never be varying downward. If their salary and allowances must be varied, they can only be varled upward. They must also be allowed to retire on their salary. In other words, when judges retire, they must continue to take their salaries as pension. 3.Recruitment Of Judges One of the ways of ensuring judicial independence is the way the Judges are recruited and appointed. Normally, the judges are appointed by the executive arm of government but under the recommendation of an Independent body such as Judicial Council. 4.Immunity Of Prosecution Another means by which the Independence of the judiciary Is ensured is to give them immunity from prosecution for acts committed in the process of carrying out their assigned functions. In other words, the judges can never suffer any punishment for any judgment given as they play their assigned role of administering Justice. 5.Salaries Charged On The Consolidated Fund Finally, to ensure the Independence of the judiciary, their salaries and emoluments must be charged to the Consolidated Fund. This ensures a continual flow and payment cannot be truncated for lack of funds, 6.Tenure Of Office To ensure that the judiciary is independent, the judges must enjoy a secure tenure of office. This means that the judges hold their job for as long as they are capable of performing without being fired. The only time they can be prevented from doing their job is when they have reached their retirement age, or where they conduct themselves in a way that brings their office into disrepute or when they fall sick to the extent that they are incapable of functioning In their office. Bureaucracies 1.In the field of politics, bureaucracy refers to the administrative machinery of the state, that is, the massed ranks of civil servants and public officials who are charged with the execution of government business. 2.The academic study of bureaucracy has been dominated by the work of Marx Weber. For Weber, bureaucracy was an ideal type of rules based on a system of rational rules, as opposed to either tradition or charisma. Principles That Characterize A Bureaucratic Organization: a. Jurisdictional areas are fixed and official and ordered by laws and rules. b. There is a firmly ordered hierarchy, which ensures that lower offices are supervised by specified higher ones within a chain of command. c. Business is managed based on written documents and a filing system. d. The authority of officials Is Impersonal and stems entirely from the post they hold, not from personal status. e. Bureaucratic rules are strict enough to minimize the scope of personal discretion. f. Appointment and advancement within a bureaucracy are based on professional criteria, such as training, expertise and administrative competence. Functions Of Bureaucracies: A.Administration B. Policy advice C. Articulating interest. Bureaucracies are brought into contact with Interest groups through their tasks of policy implementation and their Involvement in policy formulation and advice. D Political stability. The final function of bureaucracies is to provide a focus of stability and continuity within political systems. Sources Of Bureaucratic Power A. The strategic position of bureaucrats in the policy process B. The logistical relationship between bureaucrats and ministers C. The status and expertise of bureaucrats INTRODUCTION Political Science is the study of life in an organized community and the organized community is the state. According to Harold Laski (1967) the study of politics "Concerns itself with the life of men in relation to organized states". What this means is that the study of politics is largely the study of the state and other activities that relate to winning of power and exercising such power in each state/country. Definitions of the State 1. There is no clear definition of the stale. However, some radical writers like Marx and Engels argued that the state is essentially an expression of class relationships generated by the mode of production and unambiguously involved in the class struggle on the side of the dominant economic class. 2. Thus, Marx and Engels (1976, P.486) wrote that in capitalist society "The executive of the modern state is but a committee for managing the common affairs of the whole bourgeoisie". Some regard the state as one organization that transcends class and stands for the whole community. Other definitions have emphasized the political authority, the monopoly of force through government and political allegiance of citizens to the state. Some have regarded the state as a moral and good society where justice and the promotion of the general welfare of the people are established. Broadly speaking, the state is the political form of society. What we call the state is a community of men organized for preserving and creating order and general well-being of its members. Theories of the State The most obvious characteristic of early statehood are monarchy supported by royal bureaucracy. The king becomes a national figure that replaced the family and tribal head, while the King's councilors take the place of (tribal elders. The origin of the state thus is marked by the introduction of centralized authority, formalized hierarchy, specialization of tasks in the performance of public duty, and writers (Instead of oral) communication. Although there are many theories of the state, we are going to discuss four major ones in this section. The Divine Rights of Kings Prior to the organization of the state, tribal authority was based on traditions and conventions. However, with the emergence of a kingship system, there was a need for creating legitimating principles to make a ruler (King) acceptable to rule the subjects. To achieve this legitimacy politics was united with religion, and the King was then presented to the people as choosing by the Divine Will. Thus, the Idea that the ruler (King) was God's appointed agent on earth legitimized the King's power and made it both unquestionable and unassailable, Thus- to challenge the-king- was to- challenge the Divine Will (God's authority). Because of this later Kings/Queens could claim descent from the first king divinely appointed. Finally, the doctrine of divine right of kings aided the rulers to impart to their subjects a sense of group cohesion and collective purpose that formed the bedrock of most of modern-day European states. The theory of Divine Right of kings is a powerful doctrine as this has been demonstrated by its endurance to date. For example, until 1917 the Divine Rights of kings operated in Russia by the Romanov Dynasty And as at 1974, Emperor Haile Salasie was still claiming the Divine Rights to rule over the people of Ethiopia. The Force Theory - Might Makes Right 1.The doctrine of 'might makes right' is a simpler doctrine for legitimizing state power or power between individuals or groups. This is an appeal to force or the battlefield where the fittest survive. What this theory amounts to is that rulers who know how to get power and how to keep it are the effective and legitimate rulers. Thus, whoever has the power to rule either by the use of force or fraud, can also legitimately claim to have the authority to rule. Theorists who support the force theory are concerned with ensuring political stability. According to Thomas Hobbes, all the good things of life, material and spiritual, depend first and foremost on the security of life itself. For Hobbes, if there is no power to enforce the will of the sovereign, then there is no government, no state, no security. 2. Hobbes and Machiavelli argued that any form of government could rightly claim legitimate authority, power, it had the power to enforce Its will. Both thinkers preferred monarchy because they believed that a strong monarchy was the strongest government of all and so the most entirely to ensure stability. What this means is that if a government loses power, it loses the legitimacy for claiming power. And that power legitimizes Itself. 3. Finally, the force theory opens the way for an undistinguished play for power between states competing for position on the stage of International politics. Those states that conquer others can rightfully claim authority over their territorial conquests precisely because they are the conquerors and not the conquered. And those revolutionary movements and military coups that succeed can legitimately claim all the rights and privileges formerly enjoyed by the old political order. In fact, this is the primary criterion at work in the granting of diplomatic recognition to new governments, whether they are established by conquest from within or without. Social Contract Theory The alternative views of the origin of the state, and the principles that legitimizes its power are found in the social contract theories. The social contract theory is premised upon the idea that the state is a human creation by means of agreement - a social contract agreed upon by Individuals in each society. Thomas Hobbes who was the first of the social contract theorists argued that prior to the existence of the state, life was "solitary, poor, nasty, brutish and short" because there was no organized authority to preside over the affairs of men. In fact, life was a free for all fight and "every man was for himself and God for us all". It was man, in realization that this state of nature was not benefiting them, that they decided to surrender their individual natural rights of self- government to an absolute sovereign authority by means of a contract. The idea of social contract was taken further by Jean-Jacques Rousseau who insisted that no government was legitimate unless the people gave their consent to its authority. Thus, Rosseau's social contract includes all citizens in the initial agreement to by the terms of the contract, all citizens enjoy an equal right to participate in the making of law, and so to participate in the decision making that defines the appropriate boundaries of the law and the proper domain of the state activity. Finally, Rousseau Insisted that government is legitimate only in so far as it operates according to the principles of popular sovereignty. The Evolutionary/Natural Theory of the State According to evolutionary theorists, the state is best understood as an evolving organism that develops naturally according to some inherent dynamics of growth. Aristotle in the fourth B.C. had argued that the state developed from the evolving Interests and needs of the individual. In contrast to social contract and force theories, the evolutionary theories believed the individual's needs and interests have been progressively met by the family, the clan, the tribe, and finally, by the complete community of social existence that is best expressed by the state. The guiding principles of growth of the state has been self sufficiency (not self interest) and the development of ever more elaborate Institutions essential to satisfying mankind's unique and most distinguishing characteristic reason. Finally, war and conquest played an important role in the evolutionary emergency of the modern state and its institution war and conquest helped the consolidation of gained territory through war. And in the origin and development of the state, common religious worship and language had a great influence by welding together families, clans and tribes into larger organized community better known as the state. PRIMARY CHARACTERISTICS OF THE STATE 1. The essential elements of the modern state are: People, Territory. Government and Sovereignty. In explaining each characteristic, we will be able to answer the question stated earlier: what is the nature of the state? A. People The state as a human organization is made up of people that reside within its territory. Membership of a state is compulsory once an individual is born into it unless he changed his/her nationality. Even when a national of T&T, for example, renounces his citizenship of T & T he must acquire another citizenship because no one can be stateless; except refugees who temporarily lost their State from which they fled into exile. When we are talking about the st