Political Science

Fall Semester 2023

Constitution topic 5

I’m going to bismillah my way through this exam.

Here is a study set based on my notes only for chapter 5 to 8: Study set1, Study set2

Introduction:

Government institutions.

• Law and the constitution
• Legislatures
• Executives
• Judiciaries
• Political parties
• Bureaucracies

The law

• Formal
• Law-boundedness
• Impartial
• Equity
• Places limits on the arbitrary use of power
• Brings stability to state/society

Liberalism and Modern Law

• Legal positivism: “ man-made” law
• Law ‘as it is ‘ (vs. ‘As it should be’)
• A rejection of natural law, in Canadian law implies that the legal system does not necessarily align with moral principles or higher moral order, but rather operates based on statues , regulations, and juridical interpretation.
• Secularism: the separation of religion and the state-In political terms, the principle that religion does not enjoy a privileged position in the state.
• Rule of law: The principle that everyone in a state, including the executive, is subject to the same impersonal laws.

Politics and The Law

➤ The law can both reify or challenge power relations

➤ The law can prevent the abuse of state power

➤ The law can shape a country's political institutions and functions

➤the law can help to adjudicate political problems

Judiciaries

➤ Judiciary:Is the legal branch of government

• Interprets and implements the law, dispenses justice and resolves disputes.

Constitutions

➤ Constitution: Is the fundamental and supreme law that established the basis of political system and political community, can also be defined as the body of principles governing relations between a state and its population, including the understandings that are involved. In most countries these principles are codified in a single document.

➤ not necessarily a single document.

➤ Constitutions vary considerably across countries.

Constitutions

• Express founding principles and shared values: Constitutions articulate the fundamental beliefs and principles upon which nation is built, reflecting the shared values with citizens.

• Establish government institutions and political regime type: defined the structure and functions of government institutions for example, executive, legislative , judicial branches and determined the type of political regime, such as democracy or monarchy.

• Establish fundamental laws: lay down the fundamental laws and principles that govern the nation, including the separation of powers, the rule of law , and the division of responsibilities between different levels of government.

• Confer authority to particular actors and institutions: Allocate powers and authority to specific actors and institutions within government, such as the president, prime minister. Parliament, outlining their responsibilities.

• Limit the exercise of power: It often includes checks and balances mechanisms to prevent abuse of power, ensuring that no single entity or individual becomes too dominant or tyrannical.

• Outline basic rights of citizens: Mostly enumerates the fundamental rights and freedoms of a nation’s citizens, such as freedom of religion, freedom of speech, assembly, guaranteeing protection against governmental encroachment.

• Highlight a particular history: Some constitutions may incorporate references to historical events, struggles or achievements, serving as a reminder of a nation's past and its journey towards independence or democratic development.

• Contain aspirations of the country: May reflect the as-of and ideals of a nation, encompassing goals such as social justice, equality, and the pursuit of collective progress, they can outline the vision for a better future and provide a framework for achieving it.

Constitutionalism: Making a constitution as the most fundamental framework in legal and political life, Includes constraining the arbitrary use of power. Constitutionalism emphasizes the importance of a constitution in establishing and limiting government power also known as, The principle that assigns a special significance to constitutions and rule of law in national life.

Types of constitutions:

• Written & unwritten constitutions: Written constitutions are explicitly documented, while unwritten constitutions are based on historical conventions and common practices.
• Federal & unitary constitutions: Federal constitutions establish a division of powers between central and regional governments, Unitary constitutions conecentrate power at the national level.
• Judicial review & parliamentary supremacy: Judicial review grants the judiciary the power to interpret and invalidate laws, Parliamentary supremacy gives the legislature ultimate authority.
• Flexible & rigid constitutions: Flexible constitutions can be easily amended, while rigid constitutions have more rigorous amendment processes.

Democratic & authoritarian constitutions: Democratic constitutions uphold principles of popular sovereignty and individual rights, while authoritarian constitutions prioritize centralized power and restrict civil liberties.

Constitutional rights and freedoms:

• Constitutional rights and freedom are protected by legal provisions within a constitution.
• First contained in the American Constitution & the French Declaration of the Rights of Man and of the Citizen: Were influential in establishing early constitutional rights.

United Nations Charter & The Universal Declaration of Human Rights: Further expanded upon and recognized fundamental human rights globally.

Constitutions and vertical/Horizontal diffusion of power:

• Constitutions create systems of checks and balances in political systems to prevent concentration of power.
• Authority can be diffused vertically or horizontally: Vertical diffusion of power refers to power sharing between different levels of government, horizontal diffusion refers to the separation of powers among branches at a single level of government.

Federalism

➤ Federalism: is a form of government where power is constitutionally divided between the state and territorial units.

➤ Grants territorial units, provinces,states, a degree of autonomy

➤ Unitarism: is a form of government where government is centralized around the state.

➤ Quasi-federalism: A decentralized unitary state, not officially a federal system.

ex: India

Yugoslavia

➤ This country was located in the strategic Balkan Peninsula and prevented USSR from reaching the Mediterranean. Having played an important role in the past, Yugoslavia's location now grew to play an even more important role as it was effectively serving as a buffer zone between the two blocks (Pribicevic, 1995).

Separation of power

➤ Separation of power: Is the division of powers in government system between branches and levels of government.

Constitutional courts and Judicial Review

➤ Constitutional Court: a special court- or “ high court’ at the top of country’s judicial system that safeguards constitutions.

➤ Judicial review: the power of constitutional courts determines the constitutionality of laws passed by the government.

➤ Parliamentary supremacy: a system in which the constitutionality of laws passed by legislatures are not subject to judicial review.

The constitution of Canada

2. 1763 Royal Proclamation: A proclamation issued by the British government in 1763 that established the governance and organization of newly acquired North American territories, particularly after the Seven Years’ War.

3. 1867 British North America Act (BNA Act): Also known as the Constitution Act, 1867, it was the legislation that united the colonies of Canada, Nova Scotia, and New Brunswick into the Dominion of Canada, creating the framework for a self-governing nation within the British Empire.

4. 1931 Statute of Westminster: A British law passed in 1931 that granted legislative independence to the dominions of the British Empire, including Canada, allowing them to have more control over their own laws without needing British approval.

5. 1982 The Constitution Act-Charter of Rights and Freedoms: Part of the Constitution Act, 1982, this act includes the Canadian Charter of Rights and Freedoms, which guarantees fundamental rights and freedoms to Canadian citizens and residents, such as freedom of expression and equality under the law.

6. Recognition of Indigenous peoples’ treaty rights: Acknowledgment of the rights and agreements established between Indigenous peoples in Canada and the government, typically in the form of treaties, which often define land rights, self-governance, and other provisions.

7. 7/50 amending formula: A constitutional rule set out in the Constitution Act, 1982, which specifies that certain parts of the Canadian Constitution can only be amended with the approval of at least seven provinces representing at least 50% of the country’s population. This formula ensures broad consensus for constitutional changes.

Topic 6

Legislation

• Legislation: law passed by government-It also refers to the process of making, amending, enacting laws within a political system. Laws are a fundamental component of governance and society, shaping how individuals and organizations interact and function.

• The legislative process: the process whereby law/legislation is made by a governing body and Judicial Review- It typically involves several stages, drafting, bills, committee review, debates and voting. Bills that pass through both houses and receive executive approval become law.

Legislatures

• Legislature: the central institution/authority of government that creates and changes law- Legislatures are the primary institutions responsible for creating and passing laws in most democratic systems. They play a crucial role in representing the interests of the public, debating policy issues and making decisions on proposed legislation.

• Legislatures legislate

-Known as parliaments, assemblies, congresses, chambers, houses, etc.

• Legislatures vary from country to country.

The Canadian Legislature

• Canada has a Westminster system of parliamentary democracy which is a model of government inherited from the United Kingdom, in this system, the prime minister is drawn from legislative parliament.

• Parliament: a form of legislature where legislators vote on the leadership of the executive branch( prime minister).

-The executive (Prime Minister) depends on parliament

-Parliament can remove the Prime Minister with a 'vote of no confidence' if a majority of members vote against the prime minister they can be removed from office.

-The Prime Minister can influence Parliament through party discipline- this means that members of the Prime Minister’s party are expected to vote accordance with the party’s discipline helps maintain cohesion within the ruling party.

• Canada has a bicameral legislature meaning it consists of two separate chambers House of Common & Senate, The House of Commons is the lower house, and it’s members ( MPs) are directly elected by the Canadian population. The Senate is the upper house and its members (senators) are appointed, not elected, and they represent different regions and provinces of Canada, The Senate role includes reviewing and revising legislation proposed by the House of Commons.

Legislatures & Regime Type

• Almost all types of regimes have some sort of legislature not just in democracies. They can be found in authoritarian, totalitarian, and other forms of government as well.

• The vast majority of authoritarian regimes have had some form of legislature (with excluded decision-making)

• Reasons for legislatures in authoritarian regimes:

1) symbolism/ceremony: A legislature can serve as a symbol of governance and provides a semblance of a functioning government even if real decision-making power is concentrated elsewhere.

2) a set towards (semi)democracy: in some cases, authoritarian regimes may use a legislature as part of a transition towards more democratic system or as a facade to create the illusion of a moved towards democracy.

3) provide a form of power-sharing: some authoritarian regimes incorporate different interest , groups, or fractions, providing a controlled form of power, sharing while maintaining authoritarian control.

Note: it’s essential to recognize that the actual rules of powers of legislatures in authoritarian regimes can vary widely, and they may not always function as they do in democratic systems. The true power of dynamics within a political system are influenced by a range of factors, including the regime’s ideology, leadership, political repression in place.

The Legislative Process

• Propose legislation - Organize votes - Bring votes to legislature for decision

• A highly political process involving compromises and

'horse trading'

• Committees play a large role in the legislative process

-Committee: a specified group of legislatures specializing on important matters

Functions of Legislatures

• Forum for debating social, economic and political issues: these debates help shape public policy, and can lead to the development of new laws.

• Provide accountability to the public: legislatures play a crucial role in holding executive branch accountable. Elected officials can question government actions, investigate issues, and demand transparency ensuring that the government remains answerable to the public

• Political influence: Legislatures are the Center of political power, decisions are made, and political influence is wielded. Politicians and parties can advance their agendas and compete for support.

• Balance the authority of the executive: in many democratic systems, legislatures act as a check on the authority of the executive branch, helping to prevent the concentration of power. They may have the authority to approve or reject executive decisions and appointments.

• Often control government budgets: Many legislatures have control over the governments budget. They can review, amend and approve budgetary allocations ensuring that public funds are spent wisely and in line with policy priorities.

• Socialize politicians: legislatures provide a learning environment for politicians, helping them, understand the political process along with rules, norms of governance. This socialization process is crucial for new and experienced lawmakers.

• Communication with the public: Legislatures serve as a bridge between the government and the public. Elected.Representatives convey the concerns and interests of their.constituents the government and in turn, inform the public about government actions.

1. Representational functions: These involve representing the entrance and views of constituents, debating issues and holding the government accountable.
2. Governmental functions: This category encompasses The practical aspect of governance, such as influencing policy as well as controlling budget, and maintaining a system of check and balance.
3. Procedural functions: these functions involve the day-to-day operations of the legislative body, including rule, conducting debates and lastly passing legislation.

Unicameral and Bicameral legislatures

➤ Bicameral legislature: A legislature with two chambers ( or assembly bodies)

➤ Lower chamber: often represented by national vote

➤ Upper chamber: often representing geographic constituencies

➤ Unicameral legislature: a legislature with one chamber

Authority of legislatures (mezey, 1990)

1. Active legislatures: is at the center of the political system and has the power to say “no” to the executive when necessary. The US Congress is the prime example.
2. Reactive legislature: has less power to withstand the government, but it can set firm parameters within which the government has to act and it can impose sanctions on a government that infringes those parameters. Examples include the House of Commons in Canada and the UK, the House of Representatives in Australia and New Zealand, as well as parliaments in France, Germany, India, Sweden, and Japan.
3. Vulnerable legislature: is much more pliant, in part because of local political cultures that tolerate legislators’ pursuit of their own material interests. Examples include the Philippines and Italy (the latter’s legislature has been particularly vulnerable because of the difficulties of forming stable coalition governments).
4. Marginal legislature: performs important legislative functions but has at best tentative support from social elites. At times the executive has decided that it can do without the legislature and the latter has been unable to resist. Pakistan, Peru,Nigeria, and Russia under Putin are examples.
5. Minimal legislature:meets rarely and serves mainly to symbolize national unity
6. regime legitimacy; it does not exercise any effective check on the government. This was the case in a number of communist states and is still largely true of the National People’s Congress in China and the Vietnamese National Assembly.

Representation Quotas in legislatures

➤ Quota: seats or candidate positions specifically reserved for certain minority groups or women.

➤ Gender quotas

➤ Ethnic/minority-based quotas

Legislators

➤ Majority are white, male, higher educated and middle/upper class

➤ often parts of the ‘political class’

➤ Unfavorable to legislators

Topic 7 elections and political parties

Elections

• Election: An election is a formal method where individuals in a political system, often eligible voters, express their representatives or decisions. Elections are fundamental to democratic governance, allowing citizens to choose their leaders and influence government policies.

• Referendum: a referendum is a specific type of election, where the public directly votes on a particular political issue or a policy proposal. It’s a way for citizens to have a direct say in matter such as constitutional changes, major laws, or important decisions.

• Suffrage: the right to vote.

• Different electoral systems produce different party systems: different electoral systems, such as first- past- the -post, proportional representation or mixed- member systems, can have a significant impact on the party system in a country. The electoral system determines how old are translated into seats in the legislature and can influence the number and diversity of political parties that emerge.

• In a first-past-the-post system, there is often a two-party system with larger parties dominating.

• Proportional representation systems tend to produce multi-party systems, where smaller parties have a greater chance of representation.

• Mixed systems combine elements of both, leading to a mix of party structures.

Problems With Elections?

• Arrow's impossibility theorem: A mathematical theorem, for- mulated by the economist Kenneth Arrow, that shows the impossibility of determining the “optimal” ranking of prefer- ences when none of the options voted on receives an absolute majority of the votes.

• In many instances, candidates with overall majorities do not win the election

• America's electoral college: The United States uses an electoral college system for presidential elections. Each state is allocated a certain number of electoral votes, and the candidate who wins the majority of electoral votes, not necessarily the popular vote, becomes president. This can result in situations where a candidate can lose the popular vote but still win the presidency, as seen in some past elections. Critics argue that this system can distort the democratic process.

Electoral Systems

• Electoral systems: the way in which elections are organized

• Electoral reform: change to an electoral system

3 types of electoral systems

I. Constituency-based plurality systems- An electoral district.

Il. Proportional representation systems: Any of various voting systems designed to achieve a close approximation between the number of votes received by each party and the number of seats into which those totals translate in parliament.

III. Mixed/ hybrid systems: A mixed or hybrid electoral system is a combination of different voting methods within a single electoral process. It's designed to incorporate the advantages of various systems while mitigating their individual shortcomings. One common example is the Mixed-Member Proportional (MMP) system, used in countries like Germany and New Zealand, Russia, Japan, Scottish Parliament, Welsh Assembly)

In MMP, voters cast two votes: one for a specific candidate in their local district (similar to a first-past-the-post system), and another for a political party. The results are a mix of directly elected representatives and additional members allocated to ensure proportional representation based on the party vote.

Hybrid systems aim to balance the representation of both individual candidates and political parties, striving for a more equitable and representative outcome, and they are often employed to address the limitations of purely majoritarian or purely proportional systems.

Electoral Systems I:

Plurality Systems: A simple majority of votes (as in “first-past-the-post wins”), as distinct from an absolute majority (that is, 50 per

cent plus one).

• Constituency-based plurality systems: aka 'first-past-

the-post' = 'Winner-takes-all' system

• Duverger's law: The idea (proposed by the French political sci-entist Maurice Duverger) that first-past-the-post electoral systems lead to two-party systems.

• Advantages: simple, can produce majority governments, facilitates strong opposition, disadvantages extreme parties

• Disadvantages: favors larger parties, creates disparities between % of votes and % of legislative seats

• Single-member constituency systems (SMC)

• Runoff system (two round system)

• Alternative vote system (instant runoff system)

Electoral Systems II:

Proportional Representation

• Proportional representation (PR): votes are allocated to parties according to the % of the vote the party received in the election

• Produce multi-party systems

• Coalition: a group of two or more political parties sharing executive power

• Advantages: prioritizes adequate representation, reduces 'wasted' votes, allows for smaller parties and coalitions

• Disadvantages: leads to fragmented party systems, small parties can have disproportionate influence

Open-list PR systems, closed-list PR systems, and the Single Transferable Vote (STV) are different methods of proportional representation used in electoral systems:

1. Open-List PR Systems:

• In an open-list proportional representation system, voters not only choose a political party but also have the ability to vote for specific individual candidates within that party’s list. The votes for candidates are counted, and seats are allocated to candidates based on the number of votes they receive. This system allows voters to influence the ranking and election of individual candidates from a party.

2. Closed-List PR Systems:

• In a closed-list proportional representation system, voters cast their vote for a political party rather than individual candidates. The parties create ordered lists of candidates, and seats are allocated to parties based on their overall share of the vote. Candidates from the party list are elected in the order predetermined by the party leadership, and voters have no influence over which specific candidates are chosen.

3. Single Transferable Vote (STV):

• The Single Transferable Vote is a preferential voting system used in multi-member districts. Voters rank candidates in order of preference. Candidates who reach a certain threshold of votes are elected, and any surplus votes they receive or votes from candidates with the lowest support are redistributed to other candidates according to voters’ preferences. This system allows for a more diverse representation of candidates, and it can be used to achieve proportionality.

Note: These systems aim to ensure that the overall composition of the legislature reflects the proportion of votes received by political parties or candidates, but they do so in different ways and with varying levels of voter influence over candidate selection.

Electoral Systems III:

Hybrid/Mixed Systems

• Mixed or hybrid systems: combines elements of SMC/majoritarianism and proportional representation

• Some seats are elected on the basis of a simple majority, others on the basis of proportional representation.

Political Parties

• Political party: A group of political activists who aspire to form or be part of the government on the basis of a program of policies.

• Distinct from social movements

• Are not a necessary component of democracy

• Activities in 3 arenas:

1-party-in-government

2- party-in-the-electorate

3- party's internal organization

•

A History of Political Parties

• Political factions can be traced to Ancient Greece

• Modern political parties rooted in 17th century UK

-I.e. The Whig and Tory factions began the liberal/conservative divide

• Political parties progressively became more professionalized and candidate-centered.

Chapter 8

Three realms of politics:

1. The State and Public Sector: This refers to the governmental institutions and organizations that have the authority to make and enforce laws, regulations, and policies. It includes branches of government (executive, legislative, judicial), public administration, and public services. The state is responsible for maintaining order, providing public goods and services, and safeguarding the welfare and rights of citizens.

2. The Market (Private Sector): The market represents the domain of private enterprise and economic activity. It consists of businesses, corporations, entrepreneurs, and individuals engaged in buying and selling goods and services. The private sector operates with the goal of generating profits and economic growth, and it is regulated by market forces and government policies.

3. Civil Society: Civil society encompasses non-governmental organizations (NGOs), community groups, advocacy groups, and individuals who are not part of the government or business sectors but play an active role in societal and political issues. They often advocate for various social and political causes, promote civic engagement, and serve as checks and balances to government and corporate power.

These three realms interact and influence each other, shaping the political, economic, and social landscape of a society.

Civil society:

-Civil society: voluntary associations, independent of the state and the market, that actively seek to maintain or change the social, economic and/or political status quo

• Maintains an intermediary position between the individual and the state

• Civil society has played central roles in politics and governance

-Provision of public goods

-Civil regulation

Types of Civil Society Actors Cail sciatyast SO; the agency-based

• Voluntary community-based associations: less formal, more localized and grassroots

-

• Non-governmental organizations (NGOs): voluntary, non-for-profit formal organizations geared toward some form of social, political and/or economic interest

• Labour unions: formal organization of workers in a particular workplace, industry and/or constituency aimed at improving working conditions

The term civil society was first coined in the eighteenth century, but David Robertson (1993, p. 69) has more recently defined it as follows:

Civil society is the framework within which those without political authority live their lives—economic relationships, family and kinship structures, religious institutions and so on. It is a purely analytic concept because civil society does not exist independently of political authority, nor vice versa, and, it is generally believed, neither could long continue without the other; therefore, no very clear boundary can be drawn between the two.

A History of (Thinking About) Civil Society

1. Emergence alongside the Modern State and Capitalism: Civil society as a concept developed in tandem with the growth of the modern state and capitalism, especially during the Enlightenment period in the 18th century.

2. Liberalism: It became closely associated with liberalism, emphasizing individual rights, freedoms, and limited government intervention. The idea of civil society was integral to liberal political thought.

3. Prominence in the 1980s: Civil society gained more prominence during the 1980s, particularly in the context of the end of the Soviet Union. It played a crucial role in the collapse of authoritarian regimes in Eastern Europe.

4. Increased Emphasis in the 1990s: In the 1990s, thinking about civil society became more pronounced, with a focus on the promotion of democracy and the challenges of neoliberalism. Civil society was seen as a force for accountability and social change.

5. 2011 Arab Spring: The concept of civil society gained renewed attention during the Arab Spring in 2011. Civil society organizations and grassroots movements played a significant role in demanding political reforms and social change in the Middle East and North Africa.

civil society has been a dynamic and evolving concept that has been central to discussions on governance, democracy, and social change, adapting to the changing political and economic landscapes of different times.

Contentious Politics

• Contentious politics: politics largely outside of formal political institutions

-Non-routine, informal politics

• Primarily occurs within civil society

• Subaltern studies: analytical attention to subaltern (underprivileged) groups

Subaltern studies focus on subordinated groups in society.

• Subaltern studies also demand consideration for development strategies that are not

borrowed from the West and are better adapted to local (non-Western) circumstances.

Forms of

Contentious Politics

• Everyday forms of resistance' (James Scott, 1990)

-Infrapolitics

• Social movements: ongoing, organized collective action toward reformist social change

• Independence movements: conducted by subjugated/colonized populations toward political

independence

• Revolutions: movements aiming for structural

changes

-Violent and non-violent revolutions

• Insurgencies: armed rebellion without widespread

legitimacy

Interest Groups

• Interest groups: formal

associated aimed at promoting a sectional interest in the political system

• Usually are issue-specific or identity-driven

• Activities include: endorsing politicians, advocacy and awareness campaigns, petitioning/lobbying politicians, interest articulation, think tank activity

• Interest groups have varying levels of influence

Types of

Interest Groups

• Insider groups

• Outsider groups

I. Professional associations

Il.Trade unions

III. Business groups

IV. Agricultural organizations

V.Single-interest groups

VI. Ideological interest groups

VII. Public interest groups

VIII. Welfare associations

Interest Group

Systems

• Pluralism: a system of interest group representation where groups openly compete to influence government outcomes

-A 'marketplace of ideas' approach

• Corporatism: a system of interest group representation where the state formalizes 'insider' group representation (peak associations)

i) Societal corporatism if) State corporatism

Challenges of Civil Society

• Issues with equal representation

• Lack of

accountability

• Lack of coordination

• Many SCOs become reliant on particular funding sources

Automatic Zoom

The Media & Politics

• The media: means of mass communication

-Ranges from print media, broadcast media and digital media

• States, governments, politicians and civil society groups have required the media

• Traditionally, the media has played a

'watchdog' role

• Media sources could be biased toward particular political views

• Media sources mav become reliant on particular funding sources

• Media personnel have become involved in politics

The New (Social) Media:

Emerging Issues

• New forms of media are changing the nature of politics

-The internet has revolutionized the role of the media in politics

• Social media has opened up new public spaces

• The internet offers opportunities for mobilization and the transnationalization of political movements

• The internet has been said to have

"democratized' the media

• Social media can also be manipulated towards power and used as a form of surveillance

Chapter 9

Political Culture

• Culture: "[...] includes traditions, habits and patterns of behavior shaped by a society's beliefs, norms and values" (Nolan & Lenski,

1999)

• Political culture: The ideas, beliefs, values and behavioral characteristics people have around the political system

Political Culture:

Stasis & Change

• Political culture is always changing but also resistant to change

• Change agents of culture (Basanez, 2016):

I. Family

II. School

III. Religion

IV. Media

V. Leadership

VI. Law

Thinking About Political Culture

• Culture is an ideational structure

• The degree to which culture

'matters' depends on context

•Culture is always interacting with other factors

• Culture can be understood as a filter through which politics occurs

• Cultures do not have definitive boundaries

• There is power in culture

The Importance of

Culture I

• Political culture can help to explain particular political outcomes

• Analyzing culture can help to understand how interests are formed

• There is considerable cultural variation across countries/ regions

• Actors (i.e. politicians) act according to cultural beliefs