UNIT 2 AP NOTES

Iran's Guardian Council

  • Vets candidates and oversees the Majles.

  • Ensures laws comply with Islamic law.

Independent Legislatures

  • Reinforce legitimacy through:

    • Representation of citizens

    • Checking the executive branch

    • Compromising with factions

    • Promoting stability

    • Open debate and transparency

Rubber Stamp Legislatures

  • Rubber stamp executive action with no debate or checks.

Authoritarian Limits on Independence

  • Election laws

  • Rule by decree

  • Referendums

Judicial Systems

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

  • Represented by:

    • Common Law: UK and Nigeria

    • Code law: Russia, Mexico, China

    • Sharia Law: Iran and Northern Nigeria

China

  • Rule by law (instead of rule of law) means the judicial system is subservient to the decisions of the Chinese Communist Party which controls most judicial appointments.

Iran

  • 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.

Mexico

  • 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.

  • President nominates, Senate confirms Supreme Court justices who serve 15-year terms.

Nigeria

  • 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.

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

  • Mandatory retirement at 70.

Russia

  • 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.

  • Judges are nominated by the president and approved by the Federation Council

  • Highest court in Russia: Constitutional Court

UK

  • 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.

Independent Judiciaries

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

Rule of Law

  • Laws are applied fairly to all citizens; no one is above the law.

Rule by Law

  • Law is applied unevenly; people are above the law; used as a tool against critics (See Russia and China).

Judicial Review

  • Russia, Mexico, and Nigeria; UK limited over devolved parliament

Judicial Independence

  • Judicial independence 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

    • The processes used to remove judges from their posts

Political Institutions

Parliamentary Systems

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

  • Ex. UK

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.

  • Ex: Nigeria and Mexico

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.

  • Ex. Russia

Comparing Parliamentary Systems

  • No separation of powers

  • Less checks and balances

  • No term limits or fixed terms

  • Indirect election of executive

Executive Systems

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

  • Title, powers, structure, and leadership vary

    • China: President and Premier, General-Secretary of CCP

    • Iran: Supreme Leader and President

    • Mexico: President

    • Nigeria: President

    • Russia: President and Prime Minister

    • UK: Monarch and Prime Minister

Executive Term Limits

Advantages

  • Check executive power and inhibit the emergence of dictators and personality rule

  • Help to focus the officeholder on governing rather than winning elections

  • Provide opportunities for new leaders with new ideas, policies, or goals

Disadvantages

  • 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

  • Can cause poorly designed policy

Terms limits for AP6

  • China: 5-year terms, no limits

  • Iran: Supreme Leader, none, President: 2 4-year terms

  • Mexico: President, 1 6-year term

  • Nigeria: President, 2 4-year terms

  • Russia: President: 2 6-year terms, PM: 6-year terms

  • UK: Monarch, none, PM: 5-year terms, no limits

Removal of Executive

  • Parliamentary system: removal of executive through vote of no confidence done by the lower house.

  • Presidential system: impeachment done by Congress

  • Iran: President can be removed by Supreme Leader, Assembly of Experts can remove Supreme Leader

  • Russia: PM can be removed by President

Legislative Systems

  • Legislative institutions of course countries include the following structures and functions:

China

  • Party-controlled system is unicameral

  • Consists of an elected National People's Congress that the constitution recognizes as the government's most powerful institution that elects the president, approves the premier, and legitimizes policies of the executive.

Iran

  • 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.

Mexico

  • Congressional-presidential system is bicameral.

  • 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.

Nigeria

  • 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.

Russia

  • Parliamentary-hybrid system is bicameral.

  • 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.

UK

  • Parliamentary system is bicameral.

  • Consisting of an elected House of Commons-which approves legislation--and the prime minister appointed by the monarch.

  • An appointed House of Lords reviews and amends bills from the Commons, effectively delaying implementation as a power check.

Independent Legislatures

Constraints on legislatures include:

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