Week 8pptx

Overview

Course: POLI 1210-01Focus: Week 8 topics covering divisions within government branches, specifically Executives, Legislatures, and Judiciary.

Executives

Separation of Powers

• Modern systems often employ checks and balances among legislative, executive, and judicial branches.

Role of the Executive

• Responsible for implementing laws and policies, typically led by one (unified executive) or two (dual executive) leaders.

• Involves complex bureaucratic institutions beyond just presidents and prime ministers.

Types of Chief Executives

• Head of State: Symbolic representative.

• Head of Government: Focuses on policy formulation and government functions.

Government Systems

Government Type

• Affects executive roles significantly.

  • Parliamentary Systems: Separate heads of government and state.

  • Presidential Systems: Combine both roles into one presidency.

  • Semi-Presidential Systems: Hybrid structure, combining features of both.

• Prestige: Chief executives often represent the highest political aspirations among elites.

Characteristics of Executive Systems

Cabinet Formation

• Executive choices may vary; some appointed by executives, others confirmed by legislature.

• Diverse appointments depend on the electoral success of potential candidates.

• Coalition Governance: Coalition parties influence cabinet selection, requiring attention to varied interests.

Legislatures

Definition

• A body created to form the law of the land; central to democratic representation.

Role of Legislators

• Identify issues, design policy solutions, and engage in government oversight.

• Constituency Service: Legislators allocate resources and build trust with constituents.

Vote of No Confidence

• Process: Legislature can remove government through a vote of no confidence, leading to new elections or caretaker government.

Internal Legislative Structures

• Roles: Includes speaker, vice-president, secretaries; speaker has significant agenda-setting power influencing legislation.

Committee Leadership

• Authority: Committee leadership roles are influential; chairs set the agenda and determine legislative discussion priorities.

Bicameralism vs Unicameralism

• Bicameralism: Consists of two chambers, supporting lawmaking, representation, and checks on executive powers.

  • Benefits: Thorough legislation review; often seen in federal systems.

• Unicameralism: A single legislative chamber handling all lawmaking duties.

  • Benefits: Simplified process, fewer costs, faster decisions.

Judiciary

Function

• Courts interpreted as fair and objective; decisions respected when perceived legitimate.

• Courts shaped by political processes, reflecting current political preferences.

Role of the Judiciary

• Conflict Resolution: Courts provide predictable dispute resolution, maintaining order and legitimizing the state.

• Judicial Functions: Courts also shape policies and hold government accountable.

• Protect minority rights making courts crucial in democracies.

Judicial Review

• The judiciary can assess laws and government actions' constitutionality, protecting citizens’ rights.

Constitutions

Existence

• Universal presence of constitutions; structure and function vary.

Parts of a Constitution

• Main Components:

  • Preamble

  • List of Rights

  • Government Structure

  • Amendment Procedures

Purpose of a Constitution

• Preventing Abuse of Power: Sets limits on governmental powers, promoting constitutionalism to prevent majority exploitation of minorities.

• Stability Contribution: Impacts political predictability, aiding in societal stability.

Defining State Goals and Values

• Symbolism: Constitutions express societal values and aspirations, influencing national identity.

Establishing Government Institutions

• Practical Function: Define authority patterns, voting rights, and citizen responsibilities.

Governmental Structures and Amending Processes

• Detailing Institutions: Constitutions typically define the primary government institutions and their procedures for amendments.

Types of Legal Systems

Overview

• Religious Law: Common in Islamic nations, derived from sacred texts; may be mixed with civil or common law systems.

• Civil Law: Origin from Justinian’s codification; emphasized legal structure and clarity.

  • Features: Primary reliance on written codes; judges apply law without creating binding precedents.

  • Pros and Cons:

    • Advantages: Clarity, efficiency, reduced discretion.

    • Disadvantages: Rigidity, bureaucratic complexity.

• Common Law: Develops through judicial precedent; characterized by case law reliance.

  • Functions: Judges create law via precedents, guiding future cases; adversarial trial approach.

  • Pros and Cons:

    • Strengths: Flexibility, consistency via precedent, case-specific analysis.

    • Weaknesses: Complexity, lengthy proceedings, limited global applicability.