Topic 2.1

• Independent institutions have the ability to check other institutions (via checks and balances)

  • Systems with more systems of government are more democratic because the branches can be checked

• Parliamentary systems combine the lawmaking and executive functions, which allows the national legislature to select and remove the head of government and cabinet.

  • College Board Definition: combines the lawmaking and executive functions which allows the national legislature to select and remove the head of government and the cabinet

    • Ex: United Kingdom

  • Fusion of powers: The citizenry votes for the legislature via the House of Commons; The legislature votes for the leader

• Presidential systems feature a cabinet that is mostly responsible to the elected executive, with a legislature that can only remove cabinet members through impeachment. These systems have separate fixed-term, popular elections for the national legislature, and a top executive leader serving as both head of state and head of government.

  • A cabinet is responsible to the executive

  • Legislature only removes executives through impeachment

    • Separate elections for the legislature and the executive

  • College Board Definition: voters select the President and the legislature in separate popular elections

    • Ex: Mexico and Nigeria (also the United States)

• Semi-presidential systems feature separate popular elections for the president and for the national legislature, allowing the president to nominate a prime minister (who must be approved by the legislature); members of the cabinet are held accountable by both the president and legislature.

  • College Board Definition: Allows the president to nominate the prime minister (who must be approved by the legislature). Cabinet is accountable to both the president and the legislature

    • Ex: Russia

      • President: Head of Government (Vladimir Putin)

      • Prime Minister: Head of State (Mikhail Mishustin)

Topic 2.2

• Although parliamentary systems have fewer institutional obstacles to enact policy than presidential systems (presidential systems have divided branch powers), parliamentary systems have their own checks on the executive branch.

  • Overturning the veto or impeachment

• Parliaments may censure cabinet ministers, refuse to pass executive proposed legislation, question the executive and cabinet ministers, and impose time deadlines on calling new elections.

Topic 2.3

• Ceremonial vs. Legislative Leaders:

  • Ceremonial leader: represents the state (monarch, president); head of state

  • Legislative leader: formulated policy (prime minister, president); head of government

  • Examples:

    • China: head of state (President), head of government (premier)

      • President Xi is the head of state of China

      • Iran: head of state (Supreme Leader), head of government (President)

      • Mexico: head of state (President), head of government (President)

      • Nigeria: head of state (President), head of government (President)

      • Russia: head of state (President), head of government (Prime Minister)

      • United Kingdom: head of state (Monarch), head of government (Prime Minister)

    • Head of state: ceremonial leader, commander in chief, foreign policy leader

    • Head of government: appoints the cabinet to oversee bureaucracy and civil service and proposes/approves domestic legislation

• Governments have executive institutions, including chief executives and cabinets, that formulate, implement, and enforce policy through different methods and agencies.

  • China’s president serves as commander in chief, chair of China’s Military Commission, and General Secretary of the Chinese Communist party (NPC); the president nominates the premier of the NPC, who in turn serves as head of government overseeing the civil service; changes in top leadership are accomplished behind closed doors.

    • The National’s People’s Congress is their legislature (the secretary leads the majority in the NPC)

    • Quasi-semi presidential/presidential system, the president nominated the premier (second in charge)

    • One-party state: the legislatures in the NPC vote for the president

      • The President is the head of state

  • Iran’s Supreme Leader sets the political agenda, serves as commander in chief, and appoints top ministers, the Expediency Council, half of the Guardian Council, and the head of the judiciary.

    • The president (not the Supreme Leader) is elected for up to two 4-year terms, oversees the civil service (the bureaucracy), and conducts foreign policy.

    • The Supreme Leader is also a religious official (usually on the Guardian Council prior to becoming Supreme Leader)

      • The Supreme Leader is the head of state but they have final authority

      • The President is the head of government and does more of the governing

  • Mexico’s elected president, as both head of state and head of government, serves as commander in chief and leader of the bureaucracy, and can approve domestic legislation and lead foreign policy; the president is restricted to one term (6 years)

  • Nigeria’s elected president, as both head of state and head of government, serves as chief executive, commander in chief, and head of civil service, and can approve domestic legislation and conduct foreign policy.

    • Most similar to the United States

    • Two 4-year terms MAX

  • Russia’s prime minister, the head of government, oversees the civil service. The elected president, head of state and commander in chief, appoints top ministers, conducts foreign policy, and presides over the Duma (lower-house legislature) under certain conditions (emergency powers or constitutional changes)

    • The prime minister is appointed by the president who has to be approved by the legislature

    • Cannot serve more than two 6-year consecutive terms

      • Putin was first elected in 2000 and served 12 years and was appointed as Prime Minister during the following 6 years and the constitution reset Putin’s terms

      • One-party system

  • The United Kingdom’s monarch serves ceremonially as head of state and formally appoints as prime minister the leader of the party or coalition holding the largest number of seats in the House of Commons.

    • The prime minister can call elections (snap elections), sets the foreign policy agenda, and serves as de facto (not official but in practice) commander in chief and chief executive over the civil service.

Topic 2.4

• Advantages of executive term limits are that they check executive power by and inhibit the emergence of dictators and personality rule; help to focus the officeholder on governing rather than winning elections; and provide opportunities for new leaders with new ideas, policies, or goals.

  • Checks executive power: modern democracy was established, came out of a period of time with kings and queens and there were concerns about hereditary power —> George Washington took two terms and stepped aside (he didn’t want to be seen as king)

    • Ability to remove someone if they are not respecting power

  • Third wave of democracy (80s and 90s): democracy swept throughout Latin America, Eastern Europe, etc. and authoritarian governments collapsed

    • Important for these countries to make sure they did not return to authoritarian systems

    • A majority of dictators originally came to power democratically (others: coups, revolutions, etc.)

      • Ex: Putin was elected and then abused power

• Disadvantages of executive term limits are that they force good executives to leave office; allow insufficient time for an officeholder to achieve goals; impede policy continuity; weaken accountability; create a lame-duck period for the officeholder; prevent the officeholder from building experience as chief executive; and can cause poorly designed policy.

  • Lame-duck period: the period between the election and when the office is claimed

  • A single legislator doesn’t have enough power to have these effects on policy

• Focus countries:

  • China: 5 year terms, no limit

  • Iran: 4 year terms, limited to 2

  • Mexico: 6 year term, no re-election

  • Nigeria: 4 year terms, limited to 2

  • Russia: “6 year terms, limited to 2”

  • United Kingdom: None-ish (an executive is limited as long as parliament continues to vote for them)

• Most judicial appointees (regardless of democratic or authoritarian) do not have term limits and normalized life-long terms

• Almost every democratic system has executive term limits (to some extent)

Topic 2.5

• Across the course countries, executive leaders can be removed by the legislative branch through different procedures that control the abuse of power.

  • Parliamentary System → Vote of No Confidence (majority)

    • Party leadership MP vote

  • Presidential System → Impeachment (supermajority)

• Focus Countries and their Removal of the Executive Process:

  • China:

    • Executive Office: President and Premier

    • Removal Process: National Party Congress (NPC) remove

    • Number of times removed: none

  • Iran:

    • Executive Office: Supreme Leader and President

    • Removal Process: Assembly of Experts or Majlis/Supreme Leader

    • Number of times removed: none

  • Mexico:

    • Executive Office: President

    • Removal Process: 2/3 Congress Impeach

    • Number of times removed: none

  • Nigeria:

    • Executive Office: President

    • Removal Process: 2/3 Congress Impeach

    • Number of times removed: none

  • Russia:

    • Executive Office: President and Prime Minister

    • Removal Process: 2/3 Federal Assembly Impeach or No Confidence vote in duma

    • Number of times: none

  • UK:

    • Executive Officer: Prime Minister

    • Removal Process: Vote of No Confidence in Commons or MP Leadership vote in commons

    • Number of times removed: 1979 and 1990

Topic 2.6

• China’s Legislative System: China’s party-controlled system is unicameral (1 house) and consists of an elected National People’s Congress (NPC) that the constitution recognizes as the government’s most powerful institution that elects the president, approves the premier, and legitimizes policies of the executive.

  • 1 party state (CCP)

  • The people in the NPC are elected (moderately free and fair)

  • The executive is the most powerful actor, but the NPC elects the executive and gives them the power

  • National People’s Congress (NPC): elected house, party controlled, elects the president, approves the premier, legitimizes policies of the executive, constitutionally this is the most powerful institution

• Iran’s Legislative System: Iran’s theocracy is unicameral; the Majles is elected and holds the power to approve legislation, oversee the budget, and confirm presidential nominees to the Cabinet.

  • This body acts under the supervision of the Guardian Council to ensure compatibility with Islam and Sharia law.

  • Majiles: elected house, approves legislation, oversees budget, confirms presidential cabinet appointments, acts under the supervision of the Guardian Council

• Mexico’s Legislative System: Mexico’s congressional-presidential system is bicameral. It consists of an elected lower house—the Chamber of Deputies—that approves legislation, levies taxes, and verifies outcomes of elections.

  • The elected upper house, the Senate, holds the unique power to confirm presidential appointments to the Supreme Court, approve treaties, and approve federal intervention in state matters.

  • Chamber of deputies: elected lower house, approves legislation, levies taxes, verified election outcomes

  • Senate: elected upper house, approves legislation, approves treaties, confirmation of Supreme Court justices, approve federal intervention in state matters

• Nigeria’s Legislative System: Nigeria’s congressional-presidential system is bicameral, consisting of an elected upper and lower chamber (Senate and House of Representatives).

  • Both chambers hold the power to approve legislation, and the Senate possesses unique impeachment and confirmation powers.

  • Most similar to the United States

  • House of Representatives: elected lower house, approves legislation

  • Senate: elected upper house, approve legislation, confirmation power, impeachment power

• Russia’s Legislative System: Russia’s parliamentary-hybrid system is bicameral, and consists of an elected state Duma, which passes legislation and confirms the prime minister.

  • An appointed Federation Council approves budget legislation, treaties, judicial nominees, and troop deployment.

  • Duma: elected lower house, passes legislation, confirms the president’s choice for prime minister

  • Federation Council: appointed upper house, approved budget legislation, confirms judicial nominees, approves troop deployment

• The United Kingdom’s Legislative System: The United Kingdom’s parliamentary system is bicameral, consisting of an elected House of Commons—which approves legislation— and the prime minister appointed by the monarch, whereas an appointed House of Lords reviews and amends bills from the Commons, effectively delaying implementation as a power check.

  • House of Commons: elected lower house, approves legislation, includes the prime minister (appointed by the monarch from the majority/coalition party)

  • House of Lords: appointed upper house, reviews and amends bills, can delay implementation (hereditary)

Topic 2.7

• China: Legislative powers can be constrained by other governmental institutions, including:

  • China’s Politburo Standing Committee, which is the actual center of power in the Chinese state

  • China’s Standing Committee of the National People’s Congress (NPC), which assumes legislative duties most of the year when the NPC is not in session, sets NPC legislative agenda, supervises NPC member elections, and interprets the Constitution and laws

• Iran: Legislative powers can be constrained by other governmental institutions, including:

  • Iran’s Expediency Council, which is selected by the Supreme Leader as an advisory committee to resolve disputes between the Majles and the Guardian Council

  • Iran’s Guardian Council, which vets candidates and oversees the Majles to make sure laws comply with Islamic law

• Legislatures have the potential to reinforce legitimacy and stability by responding to public demand, openly debating policy, facilitating compromise between factions, extending civil liberties, and restricting the power of the executive.

Topic 2.8

• Judiciaries in course countries have different functions and use various methods to appoint judges to interpret and apply laws and resolve disputes.

• Judicial systems: interpret laws (possibly to determine constitutionality)

• Judicial review: the ability for the Supreme Court to deem a law unconstitutional

• Common law: the presumed rights and processes (ex: natural rights)

• Code law: specific statutes

• Appellate Court is a higher level court where they deem the constitutionality of a rule

• China’s Judicial System: In China, rule by law (instead of rule of law) means the judicial system is subservient to the decisions of the Chinese Communist Party (CCP), which controls most judicial appointments.

  • Tiered court system (different levels)

  • Judicial appointments are controlled by the CCP

  • Rule by law

  • No judicial review or independent judiciary

• Iran’s Judicial System: The Iranian judiciary’s major function is to ensure that the legal system is based on religious law, so judges must be trained in Islamic Sharia law.

  • The head of the judiciary is appointed by the Supreme Leader and can nominate half of the Guardian Council with approval by the Majles.

  • Sharia law

  • Judiciary is to ensure legal system is based on religious/Sharia law

  • Head of the Judiciary appointed by the supreme leader and can nominate half of the Guardian Council

  • Judicial Review (Sharia law, not a constitution)

• Mexico’s Judicial System: The Mexican judiciary is in transition—the Supreme Court has the power of judicial review and subsequent constitutional amendments have been implemented with the intent to make the system more independent and effective.

  • In Mexico, Supreme Court magistrates are nominated by the president and approved by the Senate for a term of 15 years.

    • UPDATED POLICY: Justices are now directly elected by the people for a 12 year term and cannot be re-elected

  • Tiered court system

  • Supreme Court has judicial review and magistrates are nominated by the president (confirmed by senate for a 15 year term)

  • Judicial reforms

• Nigeria’s Judicial System: The Nigerian judiciary has the power of judicial review, and an effort has been made to reestablish its legitimacy and independence by reducing corruption; under the system of federalism, Islamic Sharia Courts have been established in the north.

  • In Nigeria, Supreme Court judges are recommended by a judicial council and are appointed by the president with confirmation by the Senate.

  • Tiered law

  • Judicial system

  • Sharia courts in the north (big Boko Haram presence)

  • Supreme Court Judges recommended by Judicial Council, appointed by President and confirmed by the Senate

  • Judicial reforms

• Russia’s Judicial System: Russia’s government uses the judicial system to target opposition, and although constitutionally the courts have the power of judicial review, this power has not been used to limit the authority of the governing branches.

  • In Russia, judges are nominated by the president and approved by the Federation Council.

  • Tiered system

  • Judges nominated by President, appointed by Federation Council

  • Judicial Review (in theory but not in practice)

  • Targeting of opposition

• The United Kingdom’s Judicial System: The United Kingdom’s judicial system uses common law to enforce the rule of law; major functions of the Supreme Court include its serving as the final court of appeals, protecting human/civil rights and liberties, and ruling on devolution disputes.

  • Not unified (Wales, Scotland, etc.)

  • Common law to enforce rule of law

  • Judicial review? (Supreme Court is relatively new and there is no written Constitution)

Topic 2.9

• The degree of the judiciary’s independence from other branches of government depends on the amount of authority the courts have to overrule executive and legislative actions, the process by which judicial officials acquire their jobs, the length of judicial terms, the professional and academic backgrounds that judicial officials are expected to have, and the processes used to remove judges from their posts.

  • If the judiciary does not have the power to overrule other branches to keep them in check, independence is a moot point

  • Having transparent processes, judicial terms that are acknowledged and upheld, judicial have legal knowledge

• Independent judiciaries can strengthen democracy by maintaining checks and balances, protecting rights and liberties, establishing the rule of law, and maintaining separation of powers.

• China, Iran, and Russia do not have independent judiciaries

• Mexico and Nigeria kind of have independent judiciaries

  • Mexico faces influenced crime; cartels

  • Nigeria had reforms to increase independent but in 2019 President Buhari suspended the Supreme Court justice

• The United Kingdom has an independent judiciary