Midterm 2 ALL

Constitution

A document or a set of documents that outlines the powers, institutions and structure of government, as well as expressing the rights of citizens and the limits on government

Codified constitution

One that is set out in a single, self-contained document.

Uncodified constitution

One that is spread among several documents.

Bill of rights

A list of the rights of the citizens of a state or a political community, contained within a constitution and designed to restrict the abuse of power by government.

Entrenchment level

the means through which constitutional changes are protected from change, for example for overtly political purposes; specifically, rigorous criteria must be met for the constitution to be amended

Flexible constitution

One that can be amended more easily, often in the same way that ordinary legislation is passed.

Rigid constitution

One that is entrenched, requiring more demanding amendment procedures

Eternity clause

An element of a constitution that is considered inalienable and that cannot be amended or removed.

State of Emergency

A situation in which a government gives itself additional powers to deal with a natural disaster, civil unrest or armed conflict.

Martial Law

law declared by a military government or an occupying military force, during a supposedly temporary suspension of civilian law

Judiciary

A collective term for the judges within the system of courts that interpret and apply the law in keeping with the constitution.

Judicial review

The power of courts to nullify any laws or actions proposed or taken by government officials that contravene the constitution. Also known as constitutional review.

Supreme courts

found in decentralized systems in which ordinary courts can engage in judicial review, but there is a single national country - the supreme court - that acts as the final court of appeal, and that can rule on constitutional matters as well as questions of common and statute law

Constitutional Courts

found in centralized systems in which only the constitutional court itself - and not ordinary courts - can engage in judicial review.

Concrete Judicial Review

Judgements made on the constitutional validity of law, policy or government action in the context of a specific case. "Legal standing" is often required

> Mainly found in systems with supreme courts

Abstract Judicial Review

Advice given by a court on the constitutionality of law, policy or action of government, sometimes before a law is passed. Certain political institutions can usually bring cases.

> Mainly found in systems with constitutional courts

Judicial restraint

The view that judges - out of deference to the elected branches of government - should not strike down laws unless they are obviously unconstitutional.

Judicial activism

The willingness of judges to venture beyond narrow legal reasoning and potentially to influence public policy.

Judicial independence

The idea that courts should be free from political influence, whether from other parts of government or from actors outside government.

Executive

The political institution responsible for overseeing the execution of laws and policies, and most often associated with the idea of national leadership.

head of state

* "Above" the messiness of day-to-day politics.
* Symbolic, Procedural, and Diplomatic duties.
* Are usually Monarchs or
* Presidents in parliamentary systems.
* Can be an elected (directly or indirectly) or hereditary office.

Head of Government

* Responsible for day-to-day politics and running the country.
* Holds "real" constitutional power over policy-making.
* Prime Ministers
* In presidential systems the President is both the Head of State and the Chief Executive

Presidential executive

An arrangement in which the executive and the legislature are separately and directly elected and have separate powers and responsibilities.

Parliamentary Systems

* Separate Head of State and Head of Government
* Head of Government is a Prime Minister
* "Government" refers to a Prime Minister and his/her cabinet
* Governments in parliamentary systems are accountable to the lower legislative house.

Prime Minister

* Chief Executive/Head of Government responsible for day-to-day political activities.
* Leader of their political party
* Indirectly elected by citizens
* Responsible to the parliament and dependent on parliament to maintain their office.

How does a Prime Minister lose his or her position?

1. Replacement by the PM's own party

2. A legislative/parliamentary election

3. Vote of No Confidence
-the defining characteristic of parliamentary systems
*rarely used in practice

Parliamentary Governments

* The government in a parliamentary system comprises the prime minister and cabinet.
* Legislatures rely on majority support to pass legislation.
* If a single party controls a majority of seats, this party will typically control government on its own.
* The position of prime minister and all cabinet ministers will be controlled by the same party.
* If no single party controls a majority of legislative seats, two or more parties often coalesce to form the government.
* Typically, the largest party in the coalition will control the position of prime minister.
* A party that has at least one ministry is "in government."
* If any party pulls out of the coalition, the government "falls."

Election Timing

In some parliamentary democracies, the government gets to choose when an election occurs.

In all democracies, there is a maximum amount of time allowed between elections (e.g. five years in the UK).

However, "early" elections can often be called within this time period.

Presidential systems

Two competing sources of democratic legitimacy
• Popularly elected legislature
• Popularly elected president

Presidentialism: democratic advantages

• Stability
• Strong leadership
• National focal point

Presidentialism: democratic disadvantages

• Stability- Rigid. Hard to adjust to rapidly changing circumstances.

• Strong leadership- Potential for president to consolidate power/executive aggrandizement

• National focal point- Advantageous if opinion is favorable, Disadvantageous if opinion is unfavorable

• Gridlock, particularly when the legislature is controlled by a different party/parties

• "Winner-take-all" nature of the election can prove divisive and polarizing.

• Parties tend to be less cohesive and weaker, and cabinet members less educated, then in parliamentary systems

Legislature

A multi-member representative body which considers public issues, shapes laws, represents voters and augments the work of executives.

Unicameral and bicameral

Terms referring to the number of chambers in a legislature.

Weak bicameralism

This arises when the lower chamber dominates the upper, providing the primary focus for government accountability.

Strong bicameralism

This occurs when the two chambers are more balanced, as in federations with presidential executives.

Bureaucracy

Literally, rule by officials. In the context of comparative politics, describes the people and organizations who form the public administration.

Public administration

The implementation of government policy.

Department (or ministry)

An administrative unit over which a secretary or minister exercises direct management control. Usually structured as a formal hierarchy, often established by statute, usually having cabinet-level status.

Division

An operating unit of a department, responsible to the secretary but often with considerable independence. Also known as sections or bureaus, or (confusingly) as departments in countries where the larger unit is a ministry.

Non-departmental public body

Operates at one or more removes from the government, providing management flexibility and political independence.

Regulatory agency

An independent government body created to set and impose standards in a focused area of activity.

Unified recruitment

An approach based on recruitment to the civil service as a whole, not to a specific job within it, and in which administrative work is conceived as requiring intelligence and education, rather than technical knowledge.

Departmental recruitment

An approach based on recruiting people with technical backgrounds to a specific department or job.

Spoils system

A patronage-based arrangement in which elected politicians distribute government jobs to those with the foresight to support the winning candidate.

Bureaucratic authoritarianism

Regimes in which bureaucrats impose economic stability under the protection of a military government.

Developmental state

A state that intervenes heavily in the economy through regulation and planning, relying on an efficient bureaucracy.

Crony capitalism

Economic development based on a close relationship between government officials and business leaders, reflected in special tax breaks and favouritism in issuing contracts, permits or grants.

Unitary system

One in which sovereignty rests with the national government, and regional or local units have few independent powers.

Federal system

One in which sovereignty is shared between two or more levels of government, each with independent powers and responsibilities.

Otherwise known as a federation.

Multi-level governance

An administrative system in which power is distributed and shared horizontally and vertically among different levels of government, from the supranational to the local, with considerable interaction among the parts.

Unitary states

Those in which regional government is really only local administration of centrally determined (and often financed) services, and where any power exercised by regional government is ultimately dependent on the consent of the central state.

De Facto Federalism or Quasi-Federalism

Also referred to as decentralization. Refers to the degree to which actual power lies with the sub-national units. E.g. Spain

Federal states - a.k.a. De Jure Federalism

Those in which territorial subnational government enjoys constitutionally guaranteed autonomy and function competence - in other words; regional government really is government and is not simply administration under delegated authority from the center.

Deconcentration

The process by which central government tasks are shifted from offices in the capital to those in the regions or local districts.

Delegation

The process by which central government responsibilities are shifted to semiautonomous bodies accountable to central government.

The central government is always...

the ultimate source of authority.

Devolution

The process by which central government transfers some decision-making authority to localized, autonomous structures of governance.

Local government

The lowest tier of government, taking place at a geographically contained local level, as in a county, town or city.

Political communication

The means by which political information is produced and disseminated and the effects that it has on the political process.

Mass media

Channels of communication - such as television, radio, and web sites - that reach a large number of people.

Self-selection

The choice of media sources made by an individual. For example, people who are already conservative will most likely choose conservative sources of news.

Echo chamber

The phenomenon by which ideas circulate inside a closed system, and users seek out only those sources of information that confirm or amplify their values.

Disinformation

Misleading, false or biased information that is spread with the deliberate goal of misleading. (Misinformation is false information provided regardless of intent to mislead.)

Post-truth world

The idea that appeals to emotions and personal beliefs have become more influential than objective facts and evidence in shaping public opinion and policy.

Spain is what type of state

a unitary state, not a federal state.

Since the 1980s, Spain has increasingly transferred powers to

autonomous communities or regions.

These 17 autonomous communities have their own

assembly and government.

Some communities/regions have more ——— than others.

Powers

We see separatist movements and sentiments in the more autonomous communities of the Basque country and Catalonia.

Russell Main idea (bicameral)

explores the role, purposes, and functions of second chambers within bicameral legislative systems, with a specific focus on the British House of Lords.

provides a detailed analysis of the theoretical and practical justifications for second chambers, arguing that they play a crucial role in complementing the work of primary legislative bodies by offering checks and balances, representing diverse interests, and providing opportunities for more detailed legislative scrutiny.

Four key functions of second chambers

identifies four key functions of second chambers: legislative revision, scrutiny of executive actions, representation of interests, and safeguarding constitutional norms.

essential for facilitating more thorough debate and review, especially when the lower chamber may be subject to partisan pressures or a rushed legislative process.


Revision ensures that potential flaws or oversights in legislation can be addressed before enactment.

Checks and Balances

second chambers act as a check on the government's authority, help prevent the concentration of power and contribute to democratic accountability.

can also represent different interests that may not be adequately considered in lower houses, such as regional, minority, or expert perspectives.

Russell Counterargument

evaluates arguments against second chambers, including concerns about redundancy, inefficiency, and lack of democratic legitimacy.

contends that they do not outweigh the significant contributions second chambers make to legislative governance, provided that reforms are in place to address issues of representativeness and authority.

Liz Main argument

Favors parliamentary systems over presidential systems, particularly in the context of sustaining democratic governance.

argues that parliamentary systems offer greater flexibility and stability, which are critical for maintaining democracy.

Such as integration of executive and legislative functions, which fosters cooperation and ensures that government policies reflect the legislative majority's support.

alignment mitigates conflicts between branches of government and enables more consistent policy implementation.

Deadlock in presidentialism

institutional deadlock can undermine the legitimacy of democratic institutions and create incentives for executives to bypass legislative processes, potentially eroding democratic norms.

Executive image

presidential systems often personalize politics, focusing on individual leaders rather than parties or policies, which can exacerbate political polarization and destabilize governance.

Checks and balances

parliamentary systems allow for easier removal of ineffective executives through votes of no confidence, thus avoiding the crises of impeachment of fixed terms.

coalition governments in parliamentary systems, which encourage political compromise and broader representation of interests.

flexible nature allows power-sharing and adaptability to political crises, makes it a more suitable framework for sustaining democratic governance in diverse societies.

Spain is what type of state

a unitary state, not a federal state.

Since the 1980s, Spain has increasingly transferred powers to

autonomous communities or regions.

These 17 autonomous communities have their own

assembly and government.

Some communities/regions have more ——— than others.

Powers

We see separatist movements and sentiments in the more autonomous communities of the Basque country and Catalonia.

Main ideas

explores the development and consolidation of democracy in Spain through the lens of federalism and regional autonomy.

Spain's transition from a centralized, authoritarian state under Franco to a democratic polity characterized by a decentralized system of governance.

argues that Spain's distinctive approach to federalism, "asymmetrical federalism," plays a crucial role in balancing national unity with the demands for regional self-determination.

Historical Development

Spain's 1978 Constitution allowed regions to negotiate their own levels of autonomy. This asymmetry addresses historical grievances and accommodates the diverse cultural and linguistic identities within the country.

Encarnación discusses the significance of the Autonomous Communities and the Statutes of Autonomy in decentralizing power.

also includes tensions between regional and national interests and the ongoing debates about the limits of autonomy.

Challenges

while the Spanish case illustrates the potential for federalism to support democratic consolidation in ethnically and regionally diverse societies, it also underscores the inherent complexities of accommodating demands for autonomy without undermining national cohesion.