Lecture Notes on Political Institutions - University of Ghana - PDF

KASSIM ISSAKA  COMPILED BY KASSIM ISSAKA KASSIM ISSAKA  Presentation Outline Definitions: Institution Political Institution Types of Institutions Formal Informal What is a Theory? KASSIM ISSAKA  Steps to study a theory Types of...

KASSIM ISSAKA  COMPILED BY KASSIM ISSAKA KASSIM ISSAKA  Presentation Outline Definitions: Institution Political Institution Types of Institutions Formal Informal What is a Theory? KASSIM ISSAKA  Steps to study a theory Types of theories Institutions Institutions Are predictable and stable patterns of interactions in all walks of life —interactions “Rules of the game” which shape human behaviour in economic, social and political life What are the rules of the game? KASSIM ISSAKA  Norms - are established standards of behavior maintained by a society. Formal and informal norms. Institutions Values- are broad ideas regarding what is desirable, correct, and good that most members of a society share. Conventions-rules of convenience that make a system works flexibly KASSIM ISSAKA  Laws –rules, usually made by governments, that are used to order the way in which a society behaves Specific definitions of institutions An institution is a collection of norms, values, understandings and routines that govern human interactions and conduct (March and Olsen, 1989; Peters, 2005). Institutions are regulatory mechanisms that are made up of rules, regulations and KASSIM ISSAKA  conventions that are embodied in a culture, norms and values that bind human beings together in social relations (Assimeng, 2006). Political institutions Political institutions define how power is obtained, used and controlled, and by whom, and how authoritative decisions are made (and not only at the level of the state). Political institutions therefore are collections of interrelated rules and routines that define KASSIM ISSAKA  appropriate actions in relations between roles and situations. They are made up of established relations of power and authority (Peters, 2005; Bevir, 2007; Roskin et al, 1991). Types of Political institutions There are two main types of institutions of governance, namely formal and informal. Formal institutions: Those established by constitutions. KASSIM ISSAKA  Perform specific roles in the administration of the state. Examples: include the legislature, executive and judiciary (Dickerson & Flanagan 1990: 271). Types of Political institutions Informal institutions: Those that are not necessarily established by constitutions KASSIM ISSAKA  They support the course of governance in the state. Examples: civil society organisations, interest groups, the media, etc. (Dickerson & Flanagan 1990: 271, 273; Krieger 2011: 17). What is a theory? It is a systematic explanation of empirical data, usually presented as reliable knowledge. KASSIM ISSAKA  In other words, it is a proposition which often tend to provide explanation regarding information which is based on what is experienced or seen (Heywood, 2007). Steps to study a theory Title of the theory Proponent of the theory Essence of the theory Assumptions (if any) KASSIM ISSAKA  Merits and demerits Application of the theory Selected theories for discussion Title of the Theory Normative Institutionalism Proponents March and Olsen. KASSIM ISSAKA Essence of the theory To understand organisations and institutions in the state. Normative institutionalism Assumptions Behaviour of individuals associated with institutions is shaped by societal standards Some of the societal standards are values, symbols, etc. (Peters, 2011). KASSIM ISSAKA Application The theory is applied to governance. Rational Choice Institutionalism Essence of the theory To use institutions to address the problems of society Assumptions The theory states that the individual is rational. Individuals achieve their goals through the institutions KASSIM ISSAKA Merits and demerits Students to figure them out Application of the theory Applicable to governance Task for students Historical Institutionalism Rational Choice Institutionalism Students should read the book, that is, Understanding Political Institutions (2nd KASSIM ISSAKA  Edition) using the steps mentioned above as guide to understand the above and other theories. Systems Theory Proponent of the theory David Easton Essence of the theory Next slide Assumptions (if any) KASSIM ISSAKA  Students to find out Merits and demerits Students to find out Application of the theory Students to find out Systems Theory cont. Essence of the Theory Political occurrences can become the basis of a theory Things that happen in politics can be reduced into a system. KASSIM ISSAKA What is a system? A set of interrelated and interdependent parts that work together to produce a function such that break down in one part can affect the entire structure. Examples of systems = economic system, political system, cultural system, social system, etc. KASSIM ISSAKA Diagrammatic depiction of the Systems Theory according to Dye (1995) KASSIM ISSAKA  Easton’s Systems Theory A system is a set of interest in any society through which binding/authoritative allocation of values are made and implemented. Authoritative allocation of values relates to formulation and implementation of public policy. KASSIM ISSAKA  Components of Easton’s Systems Theory: Environment Deals with people in society. It has two parts: internal and external KASSIM ISSAKA Processing/Black/Conversion Box Is made up of the following: Legislature Executive Judiciary Bureaucracy local authorities KASSIM ISSAKA  Output The final product borne out of demands and supports which emanates from the environment. KASSIM ISSAKA  Input Consists of two parts: demands and supports Demands Consist of claims people make in the political system. Examples of demands: Voter register Reduction of utility prices KASSIM ISSAKA  Free health care, etc. How are Demands expressed Demonstration Media Boycotts, etc. KASSIM ISSAKA  Supports Paying of taxes Obeying the state Exposing criminals to the police, etc KASSIM ISSAKA  Feedbacks Reactions to outputs KASSIM ISSAKA  Gatekeepers Groups/people which aggregate individual opinions and amplify them to receive the attention of government or policy makers KASSIM ISSAKA  Task for students Where and how can the systems theory be applied? KASSIM ISSAKA END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA  Origin of the word Derived from the Latin words “lex” or “legis” meaning “law” or “latus” or “lateris” meaning “side” or “latio” referring to “bringing or proposing” lex-latus or legis-lateris from which legislature is derived Law-making side or arm of government KASSIM ISSAKA  Legislature – organ of government responsible for law-making Names of Legislature in various countries Kenya, Tunisia and Turkey –National Assembly Japan – Diet Norway – Storting Poland – Sejm Spain – Cortes KASSIM ISSAKA  Israel – Knesset United States - Congress Ghana, Britain, Ireland, Italy, Malaysia and Singapore –Parliament Meaning of Parliament Parliament – means “a talk” Parliament derived from the French word “parler” – to speak KASSIM ISSAKA  Functions of Parliament Basic/primary function is law making Acts and bye-laws Essence of law Amendment of laws – to suit changing trends Repeal of law- outmoded ones KASSIM ISSAKA Other functions of Parliament Control of public purse Budget Supervisory role over the executive Approval of ministerial nominees Approval of judicial appointments Approval of foreign loans, other transactions, major domestic policies of the executive Investigation of actions and inactions of heads of ministries, departments, agents, commissions, etc KASSIM ISSAKA  Parliamentary summons, Question Time, etc Other functions of Parliament Power of censor – expression of disapproval Judicial function: Impeachment Examples in the US: -Prez Andrew Johnson (1868) -Prez Richard Nixon (1974) KASSIM ISSAKA  -Prez William Clinton () House of Lords Former highest court of appeal in Britain Constitutional Reform Act 2005 established the Supreme Court in Britain House of Lords ceased to be the final Court of Appeal KASSIM ISSAKA  Functions of the Legislature Representative Function Deliberative function Educational function Recruitment and Socialization of Leaders Life of the legislature Number of years members of the legislature can hold seats. Life of legislature divided KASSIM ISSAKA  Sittings, meetings and sessions Sitting A day’s meeting of a legislature for its business Session Sitting of parliament starting from when the House first meets to when is dissolved. Meeting Continuous sitting of Parliament for some time during a session. Recess KASSIM ISSAKA  Period of vacation or holidays for a legislature Adjournment End of a day’s proceedings or business Adjourned sine dine Parliament adjourning without fixing a definite date for Parliament’s next meeting Prorogation Formal ending of a session of the legislature. KASSIM ISSAKA Dissolution Formal ending or termination of the life of a legislature. Leadership of the House Speaker Leaders: majority, minority, opposition and whip Students should find out the status and functions of a Speaker KASSIM ISSAKA  Structure of the Legislature Number of houses or chambers legislature has Unicameral One house of assembly Bicameral Two houses of assembly Tricameral Three houses of assembly KASSIM ISSAKA  Type of Legislature Type of legislature states adopts depends on the type of state system Unitary system –single chamber Federal system –double chamber Exceptions Liberia –country with deep cultural diversity KASSIM ISSAKA Britain- to allow for older and experienced hands Reasons for adopting Unicameral Legislative System Avoids duplication of function Less expensive Speedy passage of legislation Absence of rivalry or conflict Democratic method of recruitment KASSIM ISSAKA  Suitable for homogenous cultures Problems associated with Legislative System Passage of hasty legislations Laden/overburdened Parliament No room for experienced statesmen Not suitable for federal states KASSIM ISSAKA Mode of selecting Members into both Houses of Parliament Differs from country to country Based on nature of society and dictate of country’s constitution Three main selection identified- elective, non- elective and combination of two methods (partly elective and partly nonelective) KASSIM ISSAKA  Elective Countries (Upper House Members) Australia, Brazil, Japan, Nigeria, India, Liberia, Nigeria and the United States, and the former Soviet Union. KASSIM ISSAKA Non-elective Countries (Upper House Members) Jordan, Canada and Italy KASSIM ISSAKA Partially elective and non-partially elective (Upper House Members) Britain, Switzerland, France and India KASSIM ISSAKA  Why do countries prefer Bicameral legislative system Revision of bills Tapping the resources of non-partisan experienced people Reduces legislative burden Protection of minority interest in a federation Pre-requisite for federations Platform for controversial legislation Quasi-judicial function Encourage broader political participation KASSIM ISSAKA  Difficult to manipulate the two chambers Effect of power of delay Problems associated with the Bi-cameral legislative system Expensive to operate Undemocratic mode of recruitment Duplication of functions Unhealthy relationship Problem of delay KASSIM ISSAKA  Insensitive to the needs of the people Processes of Law Making Preliminary stages Bill emanates from Executive (cabinet) or Private Member Approval of cabinet Drafting of bill by experts Draft document spells out detail of bill KASSIM ISSAKA Bill goes through various stages of lawmaking First Reading Clerk reads title of bill to the House Bill referred to appropriate committee KASSIM ISSAKA  Committee Stage Public input invited Bill receives scrutiny KASSIM ISSAKA  Second Reading Committee presents report to House Debate takes place KASSIM ISSAKA  Consideration Stage Detail examination of bill by the House Clause by clause /Section by section KASSIM ISSAKA  Report Stage Select committee reports back to whole house of its recommendation and amendment KASSIM ISSAKA  Third Reading Bill and amendments read to House Vote casting follows Amendment may be proposed to reject the bill. Assent Stage Bill can be vetoed by the head of state KASSIM ISSAKA  If accepted, it is signed into law by the head of state NB: Students should try their hands on the questions in the Book END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of the executive Distinctions of the executive Functions of the executive Structure/ forms of the executive Limitations on the powers of the executive KASSIM ISSAKA  THE EXECUTIVE It is the organ of government that is responsible for the formulation and implementation of policies for the administration of the state. It consists of the president, vice president, prime minister, ministers of state and other institutions such as the civil service (AsahAsante and Brako, 2015:59). KASSIM ISSAKA  DISTINCTIONS OF THE EXECUTIVE There are two (2) distinctions of the Executive (Heywood, 2007). These are: Political Bureaucratic KASSIM ISSAKA  THE POLITICAL EXECUTIVE The political executive refers to the staff within the executive arm of government who assume office as a result of their success in an election or through other means such as military coup d’état or revolution. They are politically responsible for government actions. KASSIM ISSAKA  Students to mention some examples of political executives and some features. THE BUREAUCRATIC EXECUTIVE It refers to the category of staff in the executive organ whose appointment is relatively permanent. They provide technical advice and support to the political executive whose personnel are somehow novice in administration. KASSIM ISSAKA  They are sometimes called bureaucrats, technocrats, administrative civil servants. They work in the civil service. FUNCTIONS OF THE EXECUTIVE Policy formulation and implementation Preparation of budget Legislative function Judicial function Maintenance of law and order KASSIM ISSAKA  National defence and security Provision of social amenities Ceremonial functions Appointment of top officials Establishment of foreign relations STRUCTURE OF THE EXECUTIVE Three visible types of the executive: The Presidential Executive System The Cabinet or Parliamentary System KASSIM ISSAKA The Hybrid System THE PRESIDENTIAL EXECUTIVE SYSTEM It refers to the system of government in which the electorate directly or indirectly vote to elect a single chief executive of the country through a popular election to perform a dual role as the ceremonial head of state and head of government (Lijphart, 1999). KASSIM ISSAKA  The election held to elect the chief executive or president is separate and independent of that held to elect legislators. The pure form is practiced in the United States of America. Task for students Mention other countries which practice the presidential system. What are the features or characteristics of the presidential system. KASSIM ISSAKA  FEATURES OF THE PRESIDENTIAL SYSTEM Monocepalous in nature The principles of separation of powers Security of tenure Weak party principles Direct responsibility of the president to the electorate Executive power in the hands of the president KASSIM ISSAKA  Subordination of ministers to the president Supremacy of the constitution POWERS AND FUNCTIONS OF THE EXECUTIVE PRESIDENT The executive president performs two key functions (Fix et.al. 2012) Ceremonial functions Real executive functions KASSIM ISSAKA Students should identify the specific roles under each of the functions performed by the executive president. STRENGTHS OF THE PRESIDENTIAL SYSTEM Political accountability Effective leadership Stable administration Efficient administration KASSIM ISSAKA  Specialization of functions WEAKNESSES OF THE PRESIDENTIAL SYSTEM Problem of fixed tenure Dictatorial tendencies Weak party discipline Blend of functions KASSIM ISSAKA  CABINET OR PARLIAMENTARY SYSTEM OF GOVERNMENT It is also known as the dual executive system. It is the kind of government in which the functions or roles of the head of state and head of government are performed by two separate personalities. It is the British form of constitutional government. KASSIM ISSAKA  CABINET OR PARLIAMENTARY It is distinguished by the split executive and the fusion of powers or unified powers. SYSTEM OF GOVERNMENT The fusion of powers refers to the close relationship between the executive (the cabinet) and legislative organs of government inherent in the system. The members of the executive are at the same time members of the legislature hence play a dual role as cabinet executives or ministers and parliamentarians. KASSIM ISSAKA  CABINET OR PARLIAMENTARY The system evolved from age old practices, conventions, usages, understandings and precepts and dates back to the Glorious Revolution of 1688. SYSTEM OF GOVERNMENT The ideal form is practiced in Britain. Students to figure out other countries that practice the system. KASSIM ISSAKA  FEATURES OF THE PARLIAMENTARY SYSTEM OF GOVERNMENT Dual or bicephalous executive Appointment of Prime Minister by Head of State Appointment of Ministers by the Prime Minister Prime Minister’s unique role in parliament Cabinet borne out of parliament  FEATURES OF THE Ministers as parliamentarians PARLIAMENTARY SYSTEM OF GOVERNMENT Principle or doctrine of collective responsibility Censure of motion/vote of censure/vote of no confidence Indeterminate term limit/unlimited tenure of the executive. KASSIM ISSAKA  FEATURES OF THE Power to dissolve parliament Supremacy of parliament Responsibility of parliament ( Government functions as a KASSIM ISSAKA committee of parliament) PARLIAMENTARY SYSTEM OF GOVERNMENT Parliament functions as the main political platform and focus of power.  FEATURES OF THE Strict party discipline The official opposition in parliament plays a crucial role by scrutinizing government policies. KASSIM ISSAKA  TASK FOR STUDENTS Discuss the role and status of the Prime Minister. KASSIM ISSAKA  MERITS OF THE PARLIAMENTARY SYSTEM Avoids dictatorship Promotes responsible governance Ceremonial role divorced from partisanship Promotes national unity Healthy relationship between legislature and cabinet Stable administration Reduced burden KASSIM ISSAKA  Smooth transition Efficient administration DEMERITS OF THE PARLIAMENTARY SYSTEM Personality clash between the two leaders Unstable tenure Unhealthy rivalry Violation of the principle of separation of powers The fusion of executive and legislative powers may result in dictatorship KASSIM ISSAKA  Burdensome task as cabinet is formed from parliament Delays in decision making due to the frequent consultations between the head of state and head of government THE MIXED OR HYBRID SYSTEM It is a blend of the two ideal models of government. It combines a partial separation and a partial fusion of powers. KASSIM ISSAKA  Students should read the main text for the course and discuss the various shades of the Mixed or Hybrid System and mention examples of countries where they are practiced LIMITATION ON THE POWERS OF THE EXECUTIVE Parliamentary or legislative control KASSIM ISSAKA  Judicial control Control by public opinion Control through the media Control from external sources Periodic elections END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of Separation of Powers Origin of Separation of Powers Application of Separation of Powers Meaning of Checks and Balances Operations of Separation of Powers KASSIM ISSAKA  Meaning of Separation of Powers It is the doctrine that separates government into autonomous institutions responsible for performing distinct functions. It is the doctrine which stipulates that each of the three arms of government, namely the legislature, executive and judiciary should be composed of different sets of personnel who KASSIM ISSAKA  perform separate roles/functions and are independent of one another Proponent of Separation of Powers Charles-Louis de Secondat, Baron de La Brede et de Montesquieu ( simply called Montesquieu ) Born in 1689 as Charles-Louis de Secondat at a place called La Brede near Bordeaux in France. Inherited his uncle’s title: Baron de La Brede et Montesquieu Book – The Spirit of the Law KASSIM ISSAKA  Separation of legislative, executive and judiciary powers of the state in terms of personnel and functions. Essence of SOP To prevent accumulation and abuse of powers Origin of Separation of Powers Problems of the Age of absolutism in Europe Examples: King Philip II of Spain, Louis XIV of France and Czars of Russia KASSIM ISSAKA  Position of political thinkers: promotion of liberal ideas Aristotle as first to begin discussions on SOP John Locke continued discussion on SOP Montesquieu popularized the doctrine of SOP Aristotle Identified three (3) kinds of governmental power KASSIM ISSAKA deliberative, judicial and executive John Locke Identified three(3) distinct functions of government Argued for the separation of the three (3) functions of government KASSIM ISSAKA  Why the separation of functions? to avoid abuse of power Montesquieu Legislative+ Executive powers= absence of liberty Judicial + Legislative powers= arbitrary rule Executive + Judicial = oppression Legislative + Judicial + Executive = tyranny (government by a ruler /small group of people who KASSIM ISSAKA have unlimited power over the people in their state and use it unfairly and cruelly) KASSIM ISSAKA What is the solution KASSIM ISSAKA  Separation of Powers Separation of functions/powers + personnel KASSIM ISSAKA Separation of Powers Legislature Executive Judiciary KASSIM ISSAKA Application of Separation of Powers in the Presidential System KASSIM ISSAKA  Article 1 puts the Legislative powers of the state in the hands of Congress Article 2 puts the Executive powers of the state in the hands of the President Article 3 puts the Judicial powers of the state in the hand of the Courts KASSIM ISSAKA Application of Separation of Powers in the Parliamentary System Discussion KASSIM ISSAKA  Importance of Separation of Powers Leads to specialization Ensures efficiency and orderliness in administration of the state Organs of government and respect of the country’s constitution Protection of rights and liberties of people KASSIM ISSAKA  Prevents conflicts among various organs of state KASSIM ISSAKA  Problems of Separation of Powers Principle is not practicable Checks and balances renders principles meaningless Emergence of conflict among organs of government KASSIM ISSAKA  Problem of totalitarianism Checks and Balances It is a practice in which each of the three organs of government, namely the legislature, executive and judiciary is given sufficient constitutional power to act as watchdog or supervisor to be able to control the powers of the other organs of KASSIM ISSAKA  government so that none of them becomes so powerful to abuse its power. How the Executive shares power with the other organs of government Law making function Power of assent Power to refuse a bill passed by congress Overturning Presidential veto Delegated legislation KASSIM ISSAKA Casting vote of US Vice President in the Senate Right of pardon How the Legislature shares power with the other organs of government Approval of by Congress over Judicial and executive appointments Approval of executive policies by KASSIM ISSAKA  Congress Impeachment of President or Vice President by Congress How the Judiciary shares power with the other organs of government KASSIM ISSAKA  Constitutional review function of the judiciary Judge-made-laws END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Etymology and definitions of Judiciary Components of the Judiciary Attributes of judicial workers Functions of the Judiciary Structure of the Judiciary KASSIM ISSAKA  Independence of the Judiciary Judicial review Etymology and meaning of the Judiciary Judiciary is derived from the Latin word judicium (judicia) literally meaning a judgment, a judicial proceeding, a trail, a court or tribunal. The Judiciary is the organ of government that is responsible for the adjudication (judgement) of KASSIM ISSAKA  cases and settlement of disputes (Asah-Asante and Brako, 2019:101). It is also the branch of government responsible for interpreting the laws and administering justice (Garner, 2007). Meaning of the Judiciary The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary is also the mechanism for the resolution of disputes. KASSIM ISSAKA  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, defends, and applies the law to the facts of each case (Wikipedia). Components of the Judiciary It consists of professionally trained judges and magistrates. KASSIM ISSAKA  Officials who work in the nation’s courts such as clerks, registrars, bailiffs and interpreters. Attributes of persons who work in the Judiciary Students to figure out some of the attributes and qualities. KASSIM ISSAKA  Functions of the Judiciary Interpretation of law  Interpretation of the law with respect to the meaning of a word  Interpretation of the law with respect to its application  Interpretation of the law with respect to its effect Legislative function Settlement of disputes Protection of rights and liberties Commission of Inquiry KASSIM ISSAKA The structure of the Judiciary Courts can be classified into two categories: Superior courts of judicature The Lower courts Students to explain each of these categories, differentiate between them and the examples of courts that fall under each category. KASSIM ISSAKA  Independence of the Judiciary What does independence of the judiciary mean? KASSIM ISSAKA  Independence of the Judiciary It simply means the absence of any form of external control, influence and or interference in the work of judges while administering justice. It also refers to the court’s autonomy from other actors that enable them to make decisions free of influence from other political actors and to KASSIM ISSAKA  Independence of the pursue its goals without having to worry about the consequences. Judiciary It also refers to the court’s ability to act sincerely according to its own preferences and judgements (Ferejohn et. al., 2007). KASSIM ISSAKA  Independence of the This implies that the judges should not be biased or partial in deciding cases. KASSIM ISSAKA  Essential ingredients for Independence of the Judiciary Impartiality: That is judicial decisions should not be influenced by any personal interest that a judge might have in the outcome of a case. Insulation or independence from the executive and the legislature and the judiciary should have jurisdiction over all issues of judicial nature. KASSIM ISSAKA  Measures to ensure Independence of the Judiciary Mode of recruitment Tenure of office Removal of judges from office Remuneration of judges Immunity from prosecution Impartiality of judges Competence of judges Absence of political control KASSIM ISSAKA  Abstinence from cases of personal interest Power to commit for contempt of court Judicial Review It is the court’s power to review the actions of other branches or levels of government, especially the court’s power to invalidate legislative and executive actions as being unconstitutional (Black’s Law Dictionary). It is the power of the courts to declare laws passed by the legislature or decisions of the executive which KASSIM ISSAKA  conflict with the provisions of the constitution as unconstitutional and hence unenforceable (Johari, 2011; Miller, 1999; Lipset, 1995, Patterson, 1990) Relevance of Judicial Review It enables the courts to safeguard the liberties of the individuals in the state It helps to restrain both the executive and legislature from arbitrary acts so as to ensure democratic rule and practices KASSIM ISSAKA  It aids in the organs of government to strictly comply by the provisions of the constitution It helps in boosting the image of the judiciary as an impartial organ of government It helps to remove ambiguities in the constitution Problems of Judicial Review It is considered undemocratic KASSIM ISSAKA  It amounts to the usurpation of the powers of the legislature and executive hence violates the principle of separation of powers It can result in conflict between the legislature and executive on one hand and the judiciary on the other hand END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of Separation of Powers Origin of Separation of Powers Application of Separation of Powers Meaning of Checks and Balances Operations of Separation of Powers KASSIM ISSAKA  Meaning of Separation of Powers It is the doctrine that separates government into autonomous institutions responsible for performing distinct functions. It is the doctrine which stipulates that each of the three arms of government, namely the legislature, executive and judiciary should be composed of different sets of personnel who KASSIM ISSAKA  perform separate roles/functions and are independent of one another Proponent of Separation of Powers Charles-Louis de Secondat, Baron de La Brede et de Montesquieu ( simply called Montesquieu ) Born in 1689 as Charles-Louis de Secondat at a place called La Brede near Bordeaux in France. Inherited his uncle’s title: Baron de La Brede et Montesquieu Book – The Spirit of the Law KASSIM ISSAKA  Separation of legislative, executive and judiciary powers of the state in terms of personnel and functions. Essence of SOP To prevent accumulation and abuse of powers Origin of Separation of Powers Problems of the Age of absolutism in Europe Examples: King Philip II of Spain, Louis XIV of France and Czars of Russia KASSIM ISSAKA  Position of political thinkers: promotion of liberal ideas Aristotle as first to begin discussions on SOP John Locke continued discussion on SOP Montesquieu popularized the doctrine of SOP Aristotle Identified three (3) kinds of governmental power KASSIM ISSAKA deliberative, judicial and executive John Locke Identified three(3) distinct functions of government Argued for the separation of the three (3) functions of government KASSIM ISSAKA  Why the separation of functions? to avoid abuse of power Montesquieu Legislative+ Executive powers= absence of liberty Judicial + Legislative powers= arbitrary rule Executive + Judicial = oppression Legislative + Judicial + Executive = tyranny (government by a ruler /small group of people who KASSIM ISSAKA have unlimited power over the people in their state and use it unfairly and cruelly) What is the solution KASSIM ISSAKA  Separation of Powers Separation of functions/powers + personnel KASSIM ISSAKA Separation of Powers Legislature Executive Judiciary KASSIM ISSAKA Application of Separation of Powers in the Presidential System KASSIM ISSAKA  Article 1 puts the Legislative powers of the state in the hands of Congress Article 2 puts the Executive powers of the state in the hands of the President Article 3 puts the Judicial powers of the state in the hand of the Courts KASSIM ISSAKA Application of Separation of Powers in the Parliamentary System Discussion KASSIM ISSAKA  Importance of Separation of Powers Leads to specialization Ensures efficiency and orderliness in administration of the state Organs of government and respect of the country’s constitution Protection of rights and liberties of people KASSIM ISSAKA  Prevents conflicts among various organs of state KASSIM ISSAKA  Problems of Separation of Powers Principle is not practicable Checks and balances renders principles meaningless Emergence of conflict among organs of government KASSIM ISSAKA  Problem of totalitarianism Checks and Balances It is a practice in which each of the three organs of government, namely the legislature, executive and judiciary is given sufficient constitutional power to act as watchdog or supervisor to be able to control the powers of the other organs of KASSIM ISSAKA  government so that none of them becomes so powerful to abuse its power. How the Executive shares power with the other organs of government Law making function Power of assent Power to refuse a bill passed by congress Overturning Presidential veto Delegated legislation KASSIM ISSAKA Casting vote of US Vice President in the Senate Right of pardon How the Legislature shares power with the other organs of government Approval of by Congress over Judicial and executive appointments Approval of executive policies by Congress KASSIM ISSAKA  Impeachment of President or Vice President by Congress How the Judiciary shares power with the other organs of government KASSIM ISSAKA  Constitutional review function of the judiciary Judge-made-laws END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of Bureaucracy Characteristics of Bureaucracy Merits of Bureaucracy Demerits of Bureaucracy KASSIM ISSAKA  Meaning of Bureaucracy Term is a coinage of Max Weber The word bureaucracy comes from two words namely bureau and cracy Prefix bureau – a French word which means an office desk Suffix cracy – this is derived from the Latin word kratien or kratos – rule or power respectively KASSIM ISSAKA  Meaning of Bureaucracy With the above understanding, bureaucracy can be explained literally as a system of rule or administration in which people who sit behind desks (officials or office staff) rule or are in the helm of affairs. The concept of bureaucracy has assumed a new connotation of ‘public office’. It refers to a body of officials actively engaged in public office along with the respective apparatus or KASSIM ISSAKA  materials, implements and the files that make up the office. Meaning of Bureaucracy In its ideal sense, bureaucracy is concerned with the set of rules and administrative structures which closely control the actions of the employees of an organization. According to Max Weber, bureaucracy is the rational deployment of expert knowledge and KASSIM ISSAKA  the rational co-ordination of human activities for achieving stated goals. Characteristics of Bureaucracy Assignment of specified duties to every member of the organisation – division of functions; Distribution of authority to enable every member to discharge the assigned duties – specialisation; The building up of the organisation on hierarchal principle; KASSIM ISSAKA  Formulation of rules to govern the organisation of business; Recruitment and special functionaries Methodical provision for the regular performance of the assigned duties. Major features of Bureaucracy Legally written or formal rules and regulations Impersonality Hierarchy of offices KASSIM ISSAKA  Remuneration and resources Continuity of service Record keeping Recruitment and Specialization Merits of Bureaucracy Fully developed bureaucracy and the advantage of speed, precision, unambiguity, continuity, discretion and unity KASSIM ISSAKA  Promotion of efficiency in administration Maximization of rational decision making Systematic division of labour, etc as essential for efficient organisation Demerits of Bureaucracy Weber’s conception is criticised for its universal applicability Rigidity of rules and the problems of timidity and conservatism KASSIM ISSAKA  Rule-bound behaviour and the problem of redtapism Bureaucratic model criticised as being logically inconsistent Bureaucracy and problems of narrow mindedness, laziness, arrogance, etc. END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of Political Parties Functions of Political Parties Problems of Political Parties Why do people join Political Parties Classification of Political Parties Party Systems KASSIM ISSAKA  Meaning of Political Parties It is an organised group of people with defined programmes or similar objectives whose aim is to capture political power through elections or other means in order to place and maintain in public office persons who will control the machinery of government. A group of people who profess to have similar objectives and seek to capture political power in order to control the affairs of the state. KASSIM ISSAKA  Meaning of Political Parties At the heart of every political party is the desire to capture political power to govern the state. KASSIM ISSAKA  Functions of Political Parties Recruitment of National Leaders Political Education Mobilisation of People Promotion of National Unity Aggregation and articulation of interests Political Accountability Engine of Democracy Political Socialisation Intermediary Role Making of Public Policy Legitimation of Government KASSIM ISSAKA  Problems of Political Parties Party Creates Divisiveness Unhealthy Rivalry Creation of a Single Party Regime Financial Problems and Corruption Employment of Discriminatory Practices KASSIM ISSAKA  Why do people join Political Parties Ideology Political Tradition Historical/Ethnic factors Personality of Party Elite Previous Record of Governance Attractive campaign messages Modern channels of communication KASSIM ISSAKA  Electoral Performance Personal ambitions KASSIM ISSAKA  Classification of Political Parties Organisation, outlook, support base, functions, methods employed to win elections Attraction of more people into their fold = mass parties Ethnic, religious or regional groups In sum political parties can be classified into: Mass/Branch Parties Elite/Patron Parties Religious/Confessional Parties KASSIM ISSAKA  Classification of Political Ethnic Parties Parties cont. Maurice Duverger’s Classification of Political Parties: Mass Party Members cut across social and class lines Membership is large Cadre Party Support from politically active elite Highly centralized organisation Devotee Party KASSIM ISSAKA  Classification of Political Party build around one personality Leader as important as party’s philosophy Parties Hodgkin’s Classification of Political Parties Regional Ethnic Parties Source of strength and weaknesses from group solidarity ( ethnic ) Examples of Ethnic parties: NLM, NPP, TC, AYA in Ghana; Liberal/Southern Party in Sudan Confessional/Religious Parties KASSIM ISSAKA  Classification of Political Based on common religious alliance Examples: Gambian Muslim Congress, MAP in Ghana, Catholic Democratic Party in Uganda. KASSIM ISSAKA  Mass/Branch Party Broad based parties Large membership Visibility of presence and activities Branches all over the country Centralised administrative structures Mobilize people through rallies and campaigns Source of funding: donations, subscription KASSIM ISSAKA Examples: CPP, NPP, PNP, NDC in Ghana; Social Democratic Party and Labour Party in Germany and Britain respectively. Elite Party/Patron Party Small membership Pays attention to quality membership Leadership exclusive to elite/aristocrats Leaders are mainly conservatives Decision making is the preserve of elites KASSIM ISSAKA  Funding of parties is limited to only elites (rank and file not included) Fewer branches/constituencies Examples: UGCC of GC, Nigerian National Democratic Party (NNDP) and Northern People’s Congress (NPC) of Nigeria Party Systems The number of active political parties that exists and operates in a state for a considerable period of time. KASSIM ISSAKA One-Party System Two-Party System Multi-Party System One-Party System This is when a single political party repeatedly wins almost every election in a state and dominates the political scene for a very long period of time. KASSIM ISSAKA  It is a situation in which only one party – the ruling party has the political strength and official recognition in the state. Categories of One Party System Legislations passed to outlaw the existence of other parties except the ruling party This is also termed as de jure (French word by law) one party system KASSIM ISSAKA  Examples found in former Soviet Union, North Korea, Vietnam, China and Ghana (1960s), Guinean Democratic Party ( GDP ) before 1984, Chama Cha Mapunduzi (CCM) of Tanzania, Communist Party of Cuba Features of One-Party State No recognized opposition Only one party stands for elections Constitution recognises only one party KASSIM ISSAKA  State is governed by only one ideology State-controlled economy Media under state control/No independent media All powers are vested in the hands of the leader De facto One Party System Absence of legislation banning the formation and activities of parties Free operations of political parties KASSIM ISSAKA  One dominant party One party always wins power Weak opposition parties Examples of countries with De facto One Party System India: Congress Party of India (30 yrs) before defeated by Janata Party; Senegal: Socialist Party (Parti Socialist) led by Abdul Diof (from 1960 to 1990s) before KASSIM ISSAKA  defeated by Parti Democratique Senegalaise in 2000; Sweden: Social Democratic Party (SDP), for over 52 years before defeated in 2006; Examples of countries with De facto One Party System Japan: Liberal Democratic Party (LDP) from 1955 to 1993; Mexico: Party of Revolutionary Institution (Partido Revolucionario Institucional - PRI) since 1929; KASSIM ISSAKA  South Africa: African National Congress (ANC) from 1994 to date; Botswana: Botswana Democratic Party (BDP) from 1965 winning all legislative elections in 1969, 1974, 1979, 1989, 1999 and 2004 until losing to Botswana National Front (BNF); Lesotho: Basotho National Party (BNP) for 23 years before losing to Basotholand Congress Party (BCP) in 1983 Reasons for the adoption of One-Party System Promotion of Inter-Ethnic Unity KASSIM ISSAKA  Promotion of Rapid National Development Tapping the Experience of the African Elite Avoidance of Unhealthy Rivalry Promotion of National Peace and Stability Compatibility with the African Traditional System of Governance Simplification of voting procedures KASSIM ISSAKA  Dangers associated with One Party System Emergence of Dictatorship Suppression of Freedoms Political Instability Lack of Development Disincentive to Service Political Indoctrination KASSIM ISSAKA  Two-Party System The two-party system exists in a state where there are more than two political parties, but only two of them with comparable size have the strength in terms of numbers and resources to win elections and form a government for a protracted or a relatively long period of time. KASSIM ISSAKA Features of Two-Party System Two parties have political strength to run for seats in parliament Two parties dominate political scene (i.e. two politically vibrant parties) Alternation of political power among two parties Possibility of each party forming a government exclusive to it Existence of other political parties aside the dominant parties KASSIM ISSAKA Features of Two Party System cont. Weak parties (ie other parties) in terms of: numerical strength of membership, total votes obtained in elections and availability of resources to effectively compete with dominant parties Minor parties have limited powers Minor parties have few seats in parliament KASSIM ISSAKA  Minor parties sometimes form coalition with one dominant party to form government KASSIM ISSAKA  Countries with Two-Party System Britain Minor Parties Liberal Party (LP) Communist Party (CP) Social Democratic Parties (SDP) Dominant Parties KASSIM ISSAKA  Countries with Two-Party Labour Party (LP) Conservative Party (CP) System United States of America Minor Parties Prohibition Party (PP) Socialist Party (SP) Communist Party (CP) Bull House Party (BHP) Populist Party (PP) KASSIM ISSAKA  Countries with Two-Party American Independence Party (AIP) Green Back Party (GBP) Dominant Parties Republican Party (RP) Democratic Party (DP) System Canada Minor Parties Cooperative Commonwealth Federation (CCF) Labour Party (LP) KASSIM ISSAKA  Countries with Two-Party United Farmers Party (UFP) Social Credit Party (SCP) Dominant Parties Progressive Conservative Party (PCP) Liberal Party (LP) KASSIM ISSAKA  Merits Two-Party System Easy political choice Responsible government with exclusive majority Effective opposition Effective political education Maintenance of political stability Ensures accountable governance Checks dictatorship KASSIM ISSAKA  Prevents unpopular policies Smooth change of government Demerits Two-Party System Limits voter choices Breeds rivalry Undue opposition Unnecessary party loyalty Polarization of society KASSIM ISSAKA  Multi-Party System The multi-party system prevails when two or more parties each of which has equal strength, influence and resources capable of winning political power compete in an election. KASSIM ISSAKA  Features Multi-Party System Parties are strong to compete for political power None of the existing parties is dominant None of the parties win massively Governments are basically coalition KASSIM ISSAKA  Examples of countries with Multi-Party System Germany: Social Democratic Party (SDP), Greens, Free Democratic Party (FDP), Christian Social Union ( CSU), Christian Democratic Union (CDU), Left Party ( LP ) France: Union for Popular Movement, Rally for the Republic, Socialist Party Israel: Labour Party, Centre Party, Together Social Democratic Israel KASSIM ISSAKA Brazil: Workers Party, Democratic Workers Party, Liberal Front Party, Brazilian Social Democratic Party Reasons for the adoption of Multi-Party System Diverse political parties Promotion of democratic ethos Checks dictatorship Coalition government KASSIM ISSAKA  Effective use of talents Adequate representation of minorities Effective political education and participation Reasons against the adoption of Multi-Party System Formation of mushroom parties Weak government Slacks development KASSIM ISSAKA  Difficulty in the conduct of elections END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA KASSIM ISSAKA  PRESENTATION OUTLINE Introduction Meaning of Interest Groups Difference between Interest groups and Political parties Similarities between Interest groups and Political parties Types of Interest Groups Importance of Interest Groups to governance Problems of Interest Groups Factors that make Interest Groups effective KASSIM ISSAKA  Introduction Differences in interests in the state Difficulty on the part of government to make policies to satisfy all interests in the state Government policies and effects on the people Reaction of people over government policy KASSIM ISSAKA  Affected people and the mobilisation of support to resist or influence government decision to reverse trend Interest group/pressure group Meaning of Interest Groups An interest group is a non-governmental political institution which seeks to influence government policies and to fight for the interests of its members An interest group is a political institution, which is neither part of any governmental institution, nor KASSIM ISSAKA  does it seek to capture state power; it only seeks to influence specific governmental decisions in order to serve the interest of its members or the public. Examples of Interest Groups Ghana Medical Association (GMA) University Teachers Association of Ghana ( UTAG ) National Association of Graduate Teachers ( NAGRAT ) KASSIM ISSAKA  Ghana Bar Association (GBA) Trades Union Congress (TUC) Association of Ghana Industries (AGI) Identify interest Groups in other countries KASSIM ISSAKA  Differences between Interest Groups and Political Parties Political Parties Seeks to influence Seeks to capture power and government policies govern the state Membership is limited to Membership cuts across only members of a certain wide spectrum of the profession/group/class society Concerned with an aspect Seeks to control every of public policy which aspect of public life affects the interests of its members Contests elections Interest Groups KASSIM ISSAKA Differences between Interest Groups and Political Parties cont. May only support or Use constitutional methods sponsor a candidate to achieve their goals Political Parties Interest Groups Political Party run with well- May not necessarily have organised leadership, these. Associational and constitutions, symbols and professional interest groups programmes may have structures, constitutions and symbols, KASSIM ISSAKA  but anomic groups do not Adopt extra-constitutional have these. measures - lookouts, boycotts Similarities between Interest Groups and Political Parties Both employ debates, symposia, boycotts and demonstrations Finance themselves from dues and donations KASSIM ISSAKA  Possess same organisational structures in the districts, regions, etc. Elect their leaders through democratic means –elections Types of Interest Groups Associational Interest Group Anomic Interest Group Institutional Interest Groups KASSIM ISSAKA  Non-Associational Interest Groups Associational Interest Groups Established to achieve specific political interest though may have other interests KASSIM ISSAKA  Types of Associational Interest Groups Two main types Promotional and Protective Promotional Interest Group advocate ideas, policies and values focus on issues such as abortion, pornography, same sex marriage, KASSIM ISSAKA  environment Types of Associational Interest Groups Protective Interest Group organised solely to protect common social or economic interests of members. Group is well-resourced, well-established and from influential organisations Examples: TUC, UTAG, GBA, GMA, etc. KASSIM ISSAKA  Anomic Interest Groups Formed spontaneously out of concern over a specific issue Born out of frustrations, disappointments, emotions, etc of scores of individuals. Rise suddenly and equally subside in similar fashion KASSIM ISSAKA  Formation of such bodies are not formally planned or pre-arranged Anomic Interest Groups Formed usually around specific issue or subject Possess no formal organisational structures and permanent leadership. They come together temporary and act in an ad hoc and uncoordinated manner. KASSIM ISSAKA  Examples: AFC –VAT in 1995; Our Sisters Keepers – serial killing of women prior to 2000 elections; Let My Vote Counts, Interparty Resistance against new voters’ register, Arise Ghana (staged a two days’ demonstration on 28th and 29th June, 2022) Institutional Interest Groups Organisations closely connected to the government and act internally to influence public decisions KASSIM ISSAKA  Different from other interest groups because they enjoy NO MEASURE OF AUTONOMY Examples: public/civil bureaucracy, military Non-Associational Interest Groups Are associations with no formal organisations They reflect unarticulated social, ethnic or cultural interests They are made up of people who share common interests KASSIM ISSAKA  Sometimes seen as loosely structured organisations that emerged temporary when the issues for which they are formed are no longer pressing Similar to anomic interest group Examples: ethnic groups – Akan, Mosi, Wolof, Zulu, etc. Mode of operation of Interest Groups Lobbying KASSIM ISSAKA  It is used to persuade the executive and legislators to formulate policies that will satisfy the interests of its members Engage lobbyist or contact man to promote their interests Sometimes sponsor parliamentary candidates to win seats and articulate their interests KASSIM ISSAKA  The use of Public Opinion Tools Mass media Strikes Demonstrations Boycotts – 1948 boycott organised by Nii Kwabena Bonney Debates KASSIM ISSAKA  Lectures Symposia Approaching the Judiciary Filing of suits at the courts to challenge government actions infringing on their rights and interests Examples: UTAG vrs Government in 2014 over non-payment of Book and Research Allowance KASSIM ISSAKA  Contributions of Interests Groups Formulation of Policy Articulation of Public Interests Championing the cause of the underprivileged Political Education Check abuse of Government Power Intermediary Role KASSIM ISSAKA  Participation in Governance Provision of Expert Advice Problems of Interests Groups Unjustifiable demands Negative effect on productivity due to effects of strikes, demonstrations, boycotts Break down of law and order Use of violent activities by groups KASSIM ISSAKA  Political instability Problems of Interests Groups Political confrontation Political intolerance Internal conflict Ineffective leadership Financial problems KASSIM ISSAKA  Factors that ensure the effectiveness of Interests Groups Population size Effective leadership Sound financial resources Contribution of the Group END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA Any Questions? KASSIM ISSAKA KASSIM ISSAKA  Presentation Outline Introduction Meaning of Electoral Systems Single-member Constituency System Multi-member Constituency System Simple Majority and Plurality System Absolute Majority System KASSIM ISSAKA  Proportional Representation System Meaning of Electoral System Electoral System refers to the processes or methods through which the people of a state choose or elect their representatives It is also referred to as a set of rules that regulates the conduct of elections. KASSIM ISSAKA  Types of Electoral System Single-Member Constituency System Multi-Member Constituency System KASSIM ISSAKA  Variations in the types of Electoral Systems Number of representatives selected from each constituency Type of ballot used Method of determining the winner of the election KASSIM ISSAKA  Single-member Constituency System Based on a number of persons elected to represent each constituency in the state Only one/single representative is elected to represent the constituents in parliament Majority victory for one candidate State is divided into relatively equal constituencies Each voter is entitled to one vote Methods used for the determination of winner in elections are absolute majority, majority victories, single vote ballot, KASSIM ISSAKA  bloc vote, list system, supplementary vote, alternative vote, second ballot Merits of Single-member Constituency System Knowledge of the candidates by the electorate Small group size of constituency allows for accountability and responsibility to be demanded KASSIM ISSAKA  Prevents growth of mushroom parties Formation of strong and effective government Government and the mandate of the people Demerits of Single-member Constituency System Distortion or wastage of votes Representation is not proportionate to percentage of votes pulled by candidates KASSIM ISSAKA Simple Majority/Plurality System/ First-Past –the Post System It is a system in which the candidate who obtains the highest number of votes cast is deemed elected and declared the winner in an election. Practised in Ghana, Britain (members of House of Commons), Nigeria, Canada, India and the US. KASSIM ISSAKA  Merits of Simple Majority/Plurality System/ First-Past –the Post System Easy and simple method Appeals to both literate and illiterate population System produces clear winner Saves time, money and human efforts Promotes responsible leaders Promotes political stability in the state. KASSIM ISSAKA  Discourages the formation of coalition government. Demerits of Simple Majority/Plurality System/ First-Past –the Post System Results do not reflect the wishes of majority Denies people their true representation KASSIM ISSAKA  Absolute Majority System It is an adaptation to single transferable vote to facilitate its adoption in a single member instead of the multi-member system. A candidate must get more than half of the total valid votes cast to be declared the winner. KASSIM ISSAKA  Advantages of the Absolute Majority System No room for unpopular candidate Reflects the wishes of the majority KASSIM ISSAKA  Disadvantages of the Absolute Majority System Expensive and time wasting Sometimes leads to rigging KASSIM ISSAKA  Proportional Representation System It is an electoral system in which parliamentary seats in the country are distributed to political parties in exact mathematical proportion to the number of votes they obtained in an election Practicing Countries: France, Finland, Belgium, Norway, Italy, Germany, Switzerland, Sweden , KASSIM ISSAKA Ireland, Israel, the Netherlands Merits of Proportional Representation System Meaningful representation of all groups in proportion to the votes cast Reflects views of all areas, groups and persuasions Representative government Weakens single party dominance KASSIM ISSAKA  Removes gerrymandering Demerits of Proportional Representation System Complicated and cumbersome system Problems of coalition –weak and unstable governments Minority parties holding majority parties to ransom END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA KASSIM ISSAKA  Presentation Outline Introduction Definitions of Constitution Main themes of Constitution What Constitution conveys Importance of Constitution Features of Constitution Components of Constitution KASSIM ISSAKA  Sources of Constitution Classification of Constitution Definitions of Constitution A collection of norms and standards according to which a country is administered. The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental powers, and guarantees individual civil rights and civil liberties (Black’s Dictionary of Law, 2009:353). KASSIM ISSAKA  A constitution is a collection of rules both legal and non-legal which establishes and regulates the organs of government (Wheare, 1956) Main themes of Constitution A set of legal and non-legal rules Rules of administration of state Constitution defines who has the right to rule Shows how power can be exercised KASSIM ISSAKA  States who should exercise power Defines the limits of power What Constitution conveys Legal rules Non-legal rules = customs, conventions, usages, practices, etc. Legal and non-legal rules KASSIM ISSAKA  Importance of Constitution Limitation of rules/arbitrariness Definition, allocation and distribution of powers Provision of legitimacy/legal backing Protection for rights and liberties Certainty of rules and procedures Objectives, aspirations and ideological positions of states KASSIM ISSAKA  Peace, stability and effectiveness in administration Birth/departure Features of a Constitution Embodiment of Fundamental Principles Supremacy of the Constitution Entrenched and ordinary provisions Principle of Judicial Review Duties and obligations KASSIM ISSAKA Components of a Constitution Preamble – basis, objective, intentions, values, aspirations Structure of Government – key institutions, agencies, composition, functions, structure, etc. Distribution of Powers – relationships between organs of government and other state agencies Citizenship - how it is acquired and lost KASSIM ISSAKA Components of a Constitution Bill of Rights Formal Amendment Procedures Transitional Provisions KASSIM ISSAKA  Sources of Constitution Charter of Historical Document – charters and agreement regulating relationships between rulers and subjects examples: Magna Carter – basis of civil and political liberties in England, limits powers of government, protection against unjust punishment; KASSIM ISSAKA Bill of Rights of 1628 – no payment of loan, taxation, without parliamentary approval Sources of Constitution Habeas Corpus Act of 1617 Protection of citizens against imprisonment without just cause Judicial Decisions KASSIM ISSAKA  Decisions, judgements, interpretations of the courts Landmark rulings on specific cases Sources of Constitution Acts of Parliaments/Statutes Decrees by the military Rulings by Superior Courts Statutes KASSIM ISSAKA  Sources of Constitution Views of Eminent Personalities Hobbes Locke Rousseau Sources of Constitution Constitutions of other States KASSIM ISSAKA  1992 Constitution of Ghana: Britain, France, United States Previous Constitution Convention – common practices, customs, precepts (a rule for action or behaviour, especially obtained from moral thought) Classification of Constitution Written Constitution KASSIM ISSAKA  Unwritten Constitution Rigid Constitution Flexible Constitution Written Constitution A constitution is classified as written when the laws of the state are assembled or brought together into a single document. KASSIM ISSAKA  The criterion for determining whether a constitution is written or not is based on the extent to which the laws have been brought together into a single booklet or otherwise. Why do States adopt Written Constitution? Ensures certainty of rules and procedures for the administration of the state Establishment of organs of government KASSIM ISSAKA  Adequate protection of rights and liberties Requirement for federation Shows ideology of the country Provision of legitimacy to the government and political leaders States making a fresh start Problems of Written Constitution Problem of interpretation KASSIM ISSAKA  Rigidity of constitution Cost effective and takes time Neglect of non-legal aspect of constitutions Not easy to amend Unwritten Constitution An unwritten constitution is one whose basic rules and regulations for governance have not been codified or compiled into a single KASSIM ISSAKA  booklet, but remain in scattered sources and greater portions of them are in the form of customs, conventions, precepts, common usages and practices. Merits of Unwritten Constitution Flexibility and adaptability of changes Flexibility in amendment process KASSIM ISSAKA  Reduces conflicts among institutions of government Economical and saves time Absence of ambiguities because of non-legal rules Weaknesses of Unwritten Constitution Prone to manipulations by political elite KASSIM ISSAKA  Lacks definite guidelines for effective administration Difficult to get hold of the scattered documents for reference purposes Rigid Constitution Defined by method of amendment KASSIM ISSAKA  Merits of Rigid Constitution Save important aspects of the constitution Prevents hasty and ill-considered legislation Protects interest of certain political, racial, ethnic and religious minorities Commands the confidence of the people Ensures certainty, consistency, predictability and stability KASSIM ISSAKA  Can be used in both federal and unitary states Demerits of Rigid Constitution Method of changing aspect of constitutions of this nature is difficult and expensive Hinders capacity of state to respond to pressing situations Recipe for upheavals and revolution KASSIM ISSAKA  Flexible Constitution What is Flexible Constitution? KASSIM ISSAKA  Merits Flexible Constitution Short time to amend it Saves time, human efforts and materials Allows for swift changesand promotes development Easy to replace outmoded provision KASSIM ISSAKA  Demerits Flexible Constitution Prone to manipulations by politicians for selfish desires Lacks predictability and certainty Not suitable for federal states which desires rigid and written amendment procedures END OF PRESENTATION KASSIM ISSAKA KASSIM ISSAKA