Transcript Government and political systems
Government
and political systems
This week
Government and civil society Political systems
Government and civil society
“Government” or “state”?
“State” is the better word 5 Characteristics 1.
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Institutions Rules a territory Rules a population Monopoly of the legitimate use of force internally and externally Diplomatic recognition from other states
The philosophical origin of the modern state: The social contrac t Thomas Hobbes, 1588-1679 An intellectual justification for the state From the state* of nature to the social contract The need for public order & laws protection of life protection of property * Meaning the situation, the condition John Locke, 1632-1704 Jean-Jacques Rousseau, 1712-1778
The real, historical origin of the sate Wars, civil wars & conquest National independences achieved by force achieved by referendum English Civil War 1642-1645 The state as a “protection racket” (Charles Tilly) Voters in the South Sudan independence referendum, 2011
The constitution
Writing the state into existence The basic law of the state determines the institutions basis for all other laws constrains the leaders, too Changing the basic law: amending the constitution
The state and civil society
The influence of liberalism Separate… …yet mutually dependent
Country XYZ
State Individuals (Business) Interest groups Family Civil society Social movements Criminal organizations
The function of the state
State-civil society relations The systemic model
Country XYZ
State (political system)
Inputs:
demands & supports Individual 1 Group 2 Group 1 Individual 2 Group 3 Feedback Group
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David Easton 1917—
Outputs:
Rewards & deprivations Individual 3 Individual
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POLITICAL SYSTEMS
The question of legitimacy
Legitimate rulers & legitimate institutions who has the right to make decisions?
according to what process?
Preventing the concentration of political power (in democracy)
The division of powers inside the state
Origins in Roman Republic (508BC to 27BC) Modern version, a gradual process Strict division vs. flexible division of powers Legislative power (parliament) Executive power (government) Judicial power (courts/judiciary) Monocameral (1 chamber or house) Bicameral (2 chambers or houses) 1 upper house 1 lower house Monocephalous (1 head) Bicephalous (2 heads) Judges
Parliamentary system ( Canada )
Canadian constitution Legislative power Executive power Flexible division of powers Judicial power
Parliamentary system: legislative power
Parliament of Canada House of Commons 308 Current seats One seat = one riding Members elected by direct suffrage, 4 year terms Proposes, debates, amends, passes laws Holds the government to account (Question Period 1 , 2 ) Party discipline Majority party forms the government* Moderated by the Speaker (neutral despite belonging to a party) Senate 105 Current senators by party , by province Number of seats varies by province Appointed by Governor General on recommendation of Prime Minister Proposes, debates, amends, passes laws Party discipline Retirement at age 75 Moderated by Speaker (neutral despite belonging to a party) Controversies: not elected, low attendance by some, expenses claims
Where the real work is done: Parliamentary committees
Members can’t read all bills A committee room Party leaders appoint members to committees committee composition reflects composition of House committees can be high-profile or low-profile Where most of the work is done issue-based committees in-depth examination of bills hearings from civil society drafting of reports based on hearings amendment to the bills Committees of the Parliament of Canada House of Commons committees Senate committees - Joint committees Hearings sometimes fairly dry , sometimes controversial ( 1 , 2 ) Bills go back to the full parliament for vote
Parliamentary system: executive power
Government of Canada Head of state Current Governor General David L. Johnson, since 2010 Cabinet (including PM) Governor General Head of government Bicephalous Cabinet comes from House of Commons Cabinet needs support of the House of Commons The Prime Minister: only a tradition Queen Elizabeth II appoints GG on advice of Prime Minister Prime minister can prorogue parliament (suspend work) Prime minister can ask the GG to dissolve the House (i.e., call an election) GG gives Royal Assent to bills, which then become law
Parliamentary system: judicial power
A random case from March 2012: John Virgil Punko vs. Her Majesty the Queen Judicial power
Back Row:
The Honourable Madam Justice Andromache Karakatsanis, the Honourable Mr. Justice Thomas A. Cromwell, the Honourable Mr. Justice Michael J. Moldaver, and the Honourable Mr. Justice Richard Wagner.
Front Row:
The Honourable Madam Justice Rosalie Silberman Abella, the Honourable Mr. Justice Louis LeBel, the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada, the Honourable Mr. Justice Morris J. Fish, and the Honourable Mr. Justice Marshall Rothstein. Highest court in the land, hence Supreme Court 9 judges Appointed by Queen in Council (GG) on advice of Prime Minister Judges the constitutionality of government decisions Controversies: interpreting vs. making law judges’ bilingualism: compulsory or not
Presidential system ( US )
United States constitution Legislative power (Congress) Executive power Strict separation of powers Judicial power
Presidential system: legislative power
House of Representatives 435 Senate 100 US Capitol Districts roughly proportionate to population Elected by direct suffrage, 2-year terms Proposes, debates, amends, passes bills Negotiates bills with Senate Moderated by majority leader (can change rules on par tisan basis) ) 2 senators per state Elected by direct suffrage, 6-year terms Proposes, debates, amends, passes bills Negotiates bills with House of Representatives Approves appointment of ambassadors, Supreme Court judges; ratifies treaties 1/3 replaced every 2 years Moderated by majority leader (can change rules on partisan basis) Both chambers need to pass a bill and the president must sign the bill for it to become law. Congress overturn a presidential veto with a 2/3 majority in both chambers.
Controls the budget.
Presidential system: executive power
Executive Power: President US constitution Monocephalous: head of government + head of state Elected by indirect suffrage for 4 years Cannot be removed* Cannot dissolve Congress Chooses secretaries to head government departments Can propose bills to Congress Must sign bills from Congress or veto them within 10 days
Preside
ntial system: judicial power
Judicial power US Supreme Court building Highest court in the land, hence Supreme Court 9 judges for life Appointed by president Confirmed by Senate Judges the constitutionality of laws & government decisions Controversies: interpreting vs. making law a very, very politicized appointment process Current justices : Associate Justice Sonia Sotomayor (top row, from left), Associate Justice Stephen G. Breyer (Hon.’95), Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan; Associate Justice Clarence Thomas (bottom row, from left), Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg
How to elect a US president step 1: Parties choose a presidential candidate
Party Primaries (Jan. before election year to summer of election year) debates between candidates inside parties party members in each state give support to a candidate support takes the form of delegates Democratic Party National Conventions held in summer of election year delegates vote for the person they want run for president for their party the person chosen is the party nominee & the presidential candidate for that party The nominees choose a running-mate Republican Party presidential nominee + running-mate = presidential
ticket
running-mate will be vice-president if ticket wins
How to elect a US president step 2: The role of the Electoral College
Total = 538 Each state, plus the District of Columbia, is given Electors Number based on seats in the House of Representatives Itself based on population size Electors pledge to vote based on popular vote
How to elect a US president step 3:
Election day
First Tuesday after the first Monday of November Voters vote for the ticket of their choice Voting methods & rules vary by state (computer, touch screen, punch-card, paper ballot, bubble-filling, etc.) On the same day: many more separate elections Congressional elections (all House seats & 1/3 Senate seats) governor of the state legislature of the state school board police chief ballot initiatives (referenda) many other elective offices
How to elect a US president step 4: The Electoral College vote
First Monday after the second Wednesday of December Ticket with most popular votes in a state gets all the Electors of that state ( except for Maine & Nebraska) Electors cast their vote in secret Obama McCain The ticket with the most Electoral College votes wins 270 College votes are needed
Conclusion Different organization of the institutions Different relations between the three powers Different ways of translating people’s voice into state decisions
ANNEX 1: Looking inside the state: public administration & state employees
Roles
Planning Advising Implementing Delivering services
Status
Few political appointees Professionals Non-partisan Job security for some Accountable auditor ombudsperson
ANNEX 2: Semi-presidential system
This is for your personal interest There will be no exam question on this
Semi-presidential / mixed system
(
France
) Executive power President Government French constitution in English (Fifth Republic) Legislative power Strict separation of powers Judicial power
Semi-presidential system: legisla tive power
Palais Bourbon Assemblée Nationale 577 Sénat 331 Palais du Luxembourg Elected by direct suffrage Proposes, debates, amends, passes bills Can censure the government (prime minister & minister) who must resign Elected by 150,000 “grands électeurs” for 9 years 1/3 replaced every 3 years Proposes, debates, amends, passes bills Both chambers must approve the same bill for it to be law.
The president must sign the bill for it to be law (promulgation).
Semi-presidential system: executive power
Executive power President Government François Hollande President & head of state Elected by direct suffrage for 5 years Chooses prime minister Can dissolve the Assembly Presides Council of Ministers Promulgates laws May be removed by High Court Jean-Marc Ayrault Prime minister & head of government Prime minister chooses ministers from the National Assembly to form the government Ministers resign from the Assembly Government needs support of Assembly Proposes bills Falls if censured by Assembly Hôtel de Matignon Palais de l’Élysée
Semi-presidential system: judicial
Conseil d’État Judicial power Conseil d’État Cour de cassation Conseil constitutionnel Dual role consultative judges public decisions Citizens vs. the state 5, Quai de l’horloge Four main chambers Citizens vs. citizens Breaks or affirms judgments of lower courts Next slide
Semi-presidential system: judicial
A third judicial body: the Conseil constitutionnel 9 judges for 9 years, non-renewable 3 appointed by the president 3 appointed by the speaker of the National Assembly 3 appointed by the speaker of the Senate 1/3 replaced every 3 years Main roles consultative: executive or legislative asks it to assess constitutionality of laws & policies supervises presidential elections & proclaims results