2.1: Comparing Parliamentary, Presidential, and Semi-Presidential Systems

Parliamentary System

• Executive power is vested in the parliament or a prime minister who is accountable to the parliament.

• The parliament is the supreme law-making body and the executive is responsible to it.

• The head of state is usually a ceremonial figurehead with limited powers.

• The government can be removed by a vote of no confidence in the parliament.

• Examples: United Kingdom, India, Japan.

Presidential System

• Executive power is vested in a president who is directly elected by the people.

• The president is both the head of state and head of government.

• The president has significant powers and is not accountable to the legislature.

• The legislature is a separate and co-equal branch of government.

• The president can only be removed through impeachment.

• Examples: United States, Brazil, Mexico.

Semi-Presidential System

• Executive power is divided between a president and a prime minister who share power.

• The president is the head of state and the prime minister is the head of government.

• The president has significant powers but is also accountable to the legislature.

• The prime minister is responsible to the legislature and can be removed by a vote of no confidence.

• Examples: France, Russia, South Korea.

Checks and Balances in a Parliamentary System

• Checks and Balances of the Executive Branch

  • Vote of No Confidence: The legislative branch can pass a vote of no confidence, which would force the Prime Minister and their cabinet to resign. This ensures that the executive branch is accountable to the legislative branch.

  • Question Period: Members of the legislative branch can question the Prime Minister and their cabinet during question period. This allows for transparency and accountability.

• Checks and Balances of the Legislative Branch

  • Passing Laws: The legislative branch can pass laws that limit the power of the executive branch. This ensures that the executive branch does not become too powerful.

  • Committees: Committees within the legislative branch can investigate the actions of the executive branch. This ensures that the executive branch is held accountable for their actions.

• Checks and Balances of the Judicial Branch

  • Judicial Review: The judicial branch can review the actions of the executive and legislative branches to ensure that they are constitutional. This ensures that the other branches of government do not overstep their bounds.

2.2: Executive Systems

• Executive systems: A set of cognitive processes that are responsible for planning, decision-making, and goal-directed behavior. These processes are essential for the successful completion of complex tasks and achieving long-term goals.

Components of Executive Systems

• Working Memory: This component is responsible for holding and manipulating information in the short-term memory.

• Inhibitory Control: This component is responsible for suppressing irrelevant information and inhibiting impulsive responses.

• Cognitive Flexibility: This component is responsible for adapting to changing situations and switching between different tasks.

• Planning and Goal-Setting: This component is responsible for setting goals, planning actions, and monitoring progress towards achieving those goals.

Importance of Executive Systems

• Executive systems play a crucial role in our daily lives, as they are involved in many activities such as problem-solving, decision-making, and planning.

• They are also essential for academic and professional success, as they help individuals to organize their thoughts, prioritize tasks, and manage time effectively.

Structure and Function of Executive Branch— Core Course Countries

• United Kingdom

  • System:

    • Parliamentary

    • Monarchy

  • Structure/Function:

    • Monarch: Head of State; Ceremonial Figure Head/Little to No Power.

    • Prime Minister: Head of Government; Responsible for leading the legislature and cabinets in formulating, implementing, and executing policies through different agencies.

• Russia

  • System: Semi-Presidential

  • Structure/Function:

    • President: Head of State; Commander in Chief, oversees Foreign Policy

    • Prime Minister: Head of Government; Oversees civil service

• China

  • Structure/Function:

    • President: Head of State; Commander in Chief, oversees all top

    • Premier (Authoritarian): Head of Government; Oversees Civil service

• Iran

  • Structure/Function:

    • Supreme Leader: Head of State; Commander in Chief, appoints top leaders

    • President (Authoritarian): Head of Government; Oversees Civil service and foreign policy

• Nigeria & Mexico

  • System: Presidential

  • Structure/Function:

    • President: Head of State and the Government; commander in chief, responsible for leading the legislature and cabinets in formulating, implementing, and executing policies through different agencies.

2.3: Executive Term Limits

• Executive term limits refer to the maximum number of terms or years that an individual can serve as the head of state or government in a country.

• The purpose of term limits is to prevent the concentration of power in the hands of one individual and to promote democratic governance.

• In this note, we will discuss the executive term limits in six countries: Russia, UK, China, Iran, Mexico, and Nigeria.

  • Russia

    • In Russia, the president can serve a maximum of two consecutive terms, each term lasting six years.

    • However, the current president, Vladimir Putin, has been in power since 2000, with a brief hiatus as prime minister from 2008 to 2012.

    • In 2020, a constitutional amendment was passed that reset Putin's term limits, allowing him to potentially remain in power until 2036.

  • UK

    • The UK does not have formal term limits for the prime minister, who is the head of government.

    • However, the prime minister is subject to re-election every five years, and there is a convention that a prime minister should resign if they lose a vote of no confidence in the House of Commons.

  • China

    • In China, the president and premier can serve a maximum of two consecutive terms, each term lasting five years.

    • However, in 2018, a constitutional amendment was passed that removed term limits for the president, allowing Xi Jinping to potentially remain in power indefinitely.

  • Iran

    • In Iran, the president can serve a maximum of two consecutive terms, each term lasting four years.

    • However, the supreme leader, who is the highest-ranking political and religious authority in the country, has no term limits and can serve for life.

  • Mexico

    • In Mexico, the president can serve a single six-year term and is not eligible for re-election.

    • This rule was introduced in 1934 to prevent the concentration of power in the hands of one individual.

  • Nigeria

    • In Nigeria, the president can serve a maximum of two consecutive terms, each term lasting four years.

    • This rule was introduced in 1999 after a long period of military rule.

Advantages of Executive Term Limits

• Prevents abuse of power: Executive term limits prevent individuals from holding onto power for too long, which can lead to abuse of power. This ensures that power is distributed more evenly and that no one person becomes too powerful.

• Promotes democracy: By limiting the number of terms an individual can hold office, executive term limits promote democracy by ensuring that power is not concentrated in the hands of a few individuals.

• Encourages new ideas and fresh perspectives: Term limits encourage new people to run for office, which can bring new ideas and fresh perspectives to the table. This can lead to more innovative policies and better governance.

• Reduces corruption: Executive term limits can reduce corruption by preventing individuals from becoming too entrenched in power and using their position for personal gain.

Disadvantages of Executive Term Limits

• Limits voter choice: Executive term limits limit voter choice by preventing individuals from running for office after they have served a certain number of terms. This can prevent qualified individuals from running for office and limit the options available to voters.

• Reduces institutional knowledge: By limiting the number of terms an individual can hold office, executive term limits can reduce institutional knowledge and experience. This can make it more difficult for governments to function effectively.

• Encourages lame-duck behavior: When executives are in their final term, they may be less motivated to pursue bold policies or make difficult decisions. This can lead to a period of "lame-duck" behavior, where the executive is less effective and less responsive to the needs of the people.

• Can lead to instability: Executive term limits can lead to instability by forcing frequent turnover in executive offices. This can make it difficult for governments to pursue long-term policies and can lead to a lack of continuity in governance.

2.4: Legislative Systems

• Legislative systems: The processes and structures through which laws are made and enacted in a country. These systems vary across different countries and are influenced by factors such as history, culture, and political ideologies.

Types of Legislative Systems

• Unicameral System: This is a legislative system in which there is only one chamber or house of parliament. Examples of countries with unicameral systems include Denmark, Greece, and Hungary.

• Bicameral System: This is a legislative system in which there are two chambers or houses of parliament. The two chambers usually have different functions and powers. Examples of countries with bicameral systems include the United States, India, and Australia.

• Federal System: This is a legislative system in which power is shared between the central government and the states or provinces. In a federal system, there are usually two levels of government, each with its own legislative body. Examples of countries with federal systems include the United States, Canada, and Australia.

• Unitary System: This is a legislative system in which power is centralized in the central government. In a unitary system, there is usually only one legislative body. Examples of countries with unitary systems include France, Japan, and China.

Functions of Legislative Systems

• Lawmaking: The primary function of legislative systems is to make laws. This involves the introduction, debate, and passage of bills.

• Representation: Legislative systems provide a platform for citizens to be represented in government. Members of parliament are elected to represent the interests of their constituents.

• Oversight: Legislative systems provide oversight over the executive branch of government. This involves monitoring the actions of the government and holding it accountable for its decisions.

• Budgetary Control: Legislative systems are responsible for approving government budgets and ensuring that public funds are spent in a responsible and transparent manner.

UK’s Parliamentary System

• The United Kingdom's parliamentary system is a bicameral system of government, consisting of two houses: the House of Commons and the House of Lords.

• The House of Commons is the lower house of the UK Parliament, consisting of 650 elected members of parliament (MPs).

  • Members of Parliament are elected through a first-past-the-post system, where the candidate with the most votes in a constituency wins a seat in this house.

  • This house is responsible for passing laws and scrutinizing the work of the government.

  • The leader of the political party with the most seats in the house becomes the Prime Minister and forms the government.

• The House of Lords is the upper house of the UK Parliament, consisting of around 800 members.

  • Members are not elected, but are appointed by the monarch on the advice of the Prime Minister.

  • This house is responsible for scrutinizing and revising legislation passed by the House of Commons.

  • It also has the power to delay legislation, but not to veto it.

• Role of the Monarch

  • The UK's parliamentary system is a constitutional monarchy, which means that the monarch (currently Charles III) is the head of state, but has limited powers.

  • The monarch's role is largely ceremonial, but they do have some important functions, such as opening and dissolving Parliament, and giving royal assent to legislation.

Russia’s Legislative System

• Russia has a bicameral legislative system consisting of the Federal Assembly, which is divided into two chambers: the State Duma and the Federation Council.

• The State Duma is the lower house of the Federal Assembly and consists of 450 members who are elected for a term of five years.

  • The Duma is responsible for passing legislation and approving the budget.

• The Federation Council is the upper house of the Federal Assembly and consists of 170 members.

  • It represents the regions of Russia and is responsible for approving legislation passed by the State Duma.

• The President of Russia has the power to dissolve the State Duma and call for new elections.

  • The President also has the power to veto legislation passed by the Duma, but the Duma can override the veto with a two-thirds majority vote.

• The legislative process in Russia begins with the introduction of a bill in the State Duma.

  • The bill is then reviewed by various committees before being put to a vote.

  • If the bill is passed by the Duma, it is then sent to the Federation Council for approval.

• Once a bill is approved by both chambers of the Federal Assembly, it is sent to the President for signature.

  • If the President signs the bill, it becomes law.

  • If the President vetoes the bill, it is sent back to the State Duma for further review.

• The legislative system in Russia has been criticized for being heavily influenced by the ruling party and lacking in transparency.

  • However, recent reforms have aimed to increase the independence of the judiciary and improve the legislative process.

Iran’s Legislative System

• Iran's legislative system is based on a combination of Islamic principles and democratic elements. The system is composed of two main bodies: the Islamic Consultative Assembly (Majlis) and the Guardian Council.

• The Islamic Consultative Assembly is the main legislative body in Iran.

  • It is composed of 290 members who are elected by the people every four years.

  • The members of the Majlis are responsible for passing laws and supervising the work of the government.

• The Guardian Council is a 12-member body that is responsible for ensuring that all laws passed by the Majlis are in accordance with Islamic principles and the Iranian Constitution.

  • The members of the Guardian Council are appointed by the Supreme Leader and the Head of the Judiciary.

• The Process of Lawmaking

  • The process of lawmaking in Iran begins with a proposal by a member of the Majlis.

  • The proposal is then reviewed by the relevant committee, which may make changes or amendments to the proposal.

  • The proposal is then debated and voted on by the members of the Majlis.

  • If the proposal is approved by the Majlis, it is sent to the Guardian Council for review.

  • The Guardian Council may approve the proposal, reject it, or send it back to the Majlis for further review.

Mexico’s Legislative System

• Mexico has a federal representative democratic republic system of government. The legislative branch of the government is bicameral, consisting of the Senate and the Chamber of Deputies.

• The Senate is composed of 128 senators, two for each state and two for Mexico City, who are elected for a six-year term.

  • It is responsible for approving or rejecting presidential appointments, ratifying international treaties, and approving the federal budget.

  • It also has the power to remove public officials from office through impeachment.

• The Chamber of Deputies is composed of 500 deputies, who are elected for a three-year term.

  • It is responsible for initiating and approving legislation related to taxation, public spending, and other matters related to the federal government.

  • It also has the power to impeach public officials, but the Senate is responsible for conducting the impeachment trial.

• The Legislative Process

  • The legislative process in Mexico begins with the introduction of a bill in either the Senate or the Chamber of Deputies.

  • The bill is then referred to a committee for review and discussion.

  • If the committee approves the bill, it is sent to the full Senate or Chamber of Deputies for debate and voting.

  • If the bill is approved by both houses of the legislature, it is sent to the President for signature.

  • If the President signs the bill, it becomes law. If the President vetoes the bill, it can still become law if two-thirds of both houses of the legislature vote to override the veto.

China’s Legislative System

• China's legislative system is based on the principle of the supremacy of the National People's Congress (NPC), which is the highest organ of state power in China.

  • It is responsible for enacting laws, amending the constitution, and supervising the work of the government and the judiciary.

  • It is composed of deputies who are elected by the people for a term of five years.

  • It meets once a year in March and is presided over by the NPC Standing Committee, which is responsible for carrying out the NPC's decisions and supervising the work of the government and the judiciary.

• The NPC Standing Committee is composed of the chairman, vice-chairmen, secretary-general, and members, who are elected by the NPC.

  • It has the power to interpret laws, issue decisions and directives, and supervise the work of the government and the judiciary.

• The State Council, which is the highest administrative organ of the government, is responsible for implementing the laws and policies enacted by the NPC and its Standing Committee.

• The judiciary is independent of the government and is responsible for interpreting and enforcing the laws.

• The Supreme People's Court is the highest court in China and is responsible for supervising the work of the lower courts and ensuring that the laws are enforced uniformly throughout the country.

Nigeria’s Legislative System

• Nigeria operates a bicameral legislative system consisting of the Senate and the House of Representatives. The legislative arm of government is responsible for making laws, checking the activities of the executive arm, and representing the interests of the people.

• The Senate is the upper chamber of the National Assembly and consists of 109 members.

  • Each state is represented by three senators, while the Federal Capital Territory (FCT) is represented by one senator.

  • The Senate is headed by the Senate President, who is elected by the members of the Senate.

• The House of Representatives is the lower chamber of the National Assembly and consists of 360 members.

  • The number of representatives each state has is determined by its population.

  • It is headed by the Speaker, who is elected by the members of the House.

• Legislative Process

  • Bills can originate from either chamber of the National Assembly.

  • A bill must pass through three readings in each chamber before it can be sent to the President for assent.

  • The President has the power to veto a bill, but the National Assembly can override the veto with a two-thirds majority vote in each chamber.

2.5: Independent Legislatures

• Independent legislature: It is a legislative body that is free from external influence and control, particularly from the executive branch of government.

• The concept of an independent legislature is based on the principle of separation of powers, which is a fundamental feature of democratic governance.

• In an independent legislature, members are free to express their views and opinions without fear of retribution or punishment from the executive branch.

• The independence of the legislature is essential for ensuring that laws are made in the best interests of the people, rather than for the benefit of a particular political party or individual.

• Independent legislatures are also important for holding the executive branch accountable for its actions and decisions.

• In many countries, the independence of the legislature is enshrined in the constitution, which provides for a system of checks and balances to prevent any one branch of government from becoming too powerful.

• However, in practice, the independence of the legislature can be compromised by a variety of factors, including political pressure, corruption, and lack of resources.

• To maintain the independence of the legislature, it is important to ensure that members are elected through a fair and transparent process, that they have access to the resources they need to carry out their duties, and that they are protected from external interference.

Degree of Independence

• United Kingdom (UK)

  • Degree of Independence: High

  • Explanation: The UK is a developed country with a strong economy and political stability. It is a member of the European Union (EU) but has opted out of some of its policies, such as the Euro currency and the Schengen Agreement. The UK also has a strong military and diplomatic presence globally, giving it a high degree of independence.

  • Example: The UK's decision to leave the EU in 2016, known as Brexit, demonstrates its willingness to assert its independence and sovereignty.

• Russia

  • Degree of Independence: Moderate

  • Explanation: Russia is a large and powerful country with significant natural resources and a strong military. However, it has faced economic sanctions and political isolation from the international community due to its actions in Ukraine and Syria. This limits its degree of independence.

  • Example: Russia's dependence on oil exports for its economy makes it vulnerable to fluctuations in global oil prices and the policies of other oil-producing countries.

• China

  • Degree of Independence: Moderate

  • Explanation: China is the world's most populous country and has the second-largest economy. It has a strong government and military, but its economy is heavily dependent on exports and foreign investment. This limits its degree of independence.

  • Example: China's trade war with the United States in recent years has highlighted its vulnerability to external economic pressures.

• Iran

  • Degree of Independence: Low

  • Explanation: Iran is a developing country with a relatively weak economy and military. It is also subject to economic sanctions and political isolation from the international community due to its nuclear program and support for terrorism. This limits its degree of independence.

  • Example: Iran's reliance on oil exports for its economy makes it vulnerable to fluctuations in global oil prices and the policies of other oil-producing countries.

• Mexico

  • Degree of Independence: Moderate

  • Explanation: Mexico is a developing country with a strong economy and political stability. However, it is heavily dependent on exports to the United States, which limits its degree of independence.

  • Example: Mexico's economy suffered during the COVID-19 pandemic due to disruptions in global supply chains and reduced demand for its exports

2.6: Judicial Systems

• Judicial systems: These are the mechanisms through which a society resolves disputes and enforces laws. They are responsible for interpreting and applying the law to individual cases.

Types of Judicial Systems

• Common Law System

  • Originated in England and spread to other countries, including the United States.

  • Based on legal precedents established by previous court decisions.

  • Judges have a significant role in interpreting the law and determining the outcome of cases.

• Civil Law System

  • Originated in ancient Rome and is used in many countries, including France and Germany.

  • Based on written laws and codes that are created by legislative bodies.

  • Judges have a more limited role in interpreting the law and are expected to apply the law as written.

• Islamic Law System

  • Based on the teachings of the Quran and the Hadith.

  • Used in many countries with a Muslim majority, including Saudi Arabia and Iran.

  • Judges are expected to interpret the law in accordance with Islamic principles.

• Customary Law System

  • Based on the customs and traditions of a particular community or society.

  • Used in many countries in Africa and other parts of the world.

  • Judges are expected to apply the customs and traditions of the community to resolve disputes.

• Mixed Legal System

  • Combines elements of two or more legal systems.

  • Used in many countries, including South Africa and Louisiana in the United States.

  • Judges are expected to apply the relevant laws and legal principles from each system to resolve disputes.

Structure of Judicial Systems

• Types of Courts

  • Supreme Court: The highest court in the judicial system. It has the final say on legal matters and can overrule decisions made by lower courts.

  • Appellate Court: Also known as the Court of Appeals, it hears appeals from lower courts. It does not conduct trials but reviews the decisions made by lower courts.

  • District Court: Also known as the Trial Court, it is the court of first instance. It conducts trials and makes decisions on legal matters.

• Levels of Courts

  • Federal Court: Deals with cases related to federal laws, the constitution, and disputes between states.

  • State Court: Deals with cases related to state laws, including criminal and civil cases.

  • Local Court: Deals with minor offenses, traffic violations, and small claims.

• Specialized Courts

  • Family Court: Deals with cases related to family law, including divorce, child custody, and adoption.

  • Bankruptcy Court: Deals with cases related to bankruptcy and insolvency.

  • Juvenile Court: Deals with cases related to minors, including delinquency and dependency.

Roles of judges

• Judges are responsible for interpreting the law, applying it to individual cases, and making decisions based on the evidence presented.

• They are also responsible for ensuring that trials are conducted fairly and impartially.

Rights of Defendants

• Defendants have the right to a fair trial, which includes the right to an attorney, the right to a jury trial, and the right to appeal a decision.

• They are also protected by the presumption of innocence until proven guilty.

Enforcement of Judicial Decisions

• Once a decision has been made, it is the responsibility of the judicial system to enforce it.

• This may involve imposing fines, ordering community service, or even imprisonment.

2.7: Independent Judiciaries

• Independent judiciary: A system of courts that are free from external influence or control, and are able to make decisions based solely on the law and the facts presented in a case.

• The importance of an independent judiciary lies in its ability to ensure that the rule of law is upheld, and that the rights of individuals are protected.

• An independent judiciary is essential for a functioning democracy, as it acts as a check on the power of the executive and legislative branches of government.

• The judiciary must be free from political pressure, and judges must be appointed based on their qualifications and experience, rather than their political affiliations.

• In order to maintain its independence, the judiciary must be adequately funded and staffed, and must have the power to enforce its decisions.

• The principle of judicial independence is enshrined in many national and international legal instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

• Despite the importance of an independent judiciary, it is often under threat from political interference, corruption, and lack of resources.

• It is the responsibility of all citizens to support and defend the independence of the judiciary, in order to ensure that justice is served and the rule of law is upheld.

Comparing the Independence of Judiciaries

• UK

  • The judiciary in the UK is independent and impartial.

  • The judiciary is separate from the government and parliament.

  • The judges are appointed by an independent commission, the Judicial Appointments Commission.

  • The UK has a common law system, which means that judges have the power to interpret the law and make decisions based on precedent.

• Russia

  • The judiciary in Russia is not independent.

  • The government has significant influence over the judiciary.

  • Judges are appointed by the president and are subject to political pressure.

  • The Russian legal system is based on civil law, which means that judges have less discretion to interpret the law.

• China

  • The judiciary in China is not independent.

  • The Communist Party has significant influence over the judiciary.

  • Judges are appointed by the government and are subject to political pressure.

  • The Chinese legal system is based on civil law, which means that judges have less discretion to interpret the law.

• Iran

  • The judiciary in Iran is not independent.

  • The Supreme Leader has significant influence over the judiciary.

  • Judges are appointed by the Supreme Leader and are subject to political pressure.

  • The Iranian legal system is based on Islamic law, which means that judges have less discretion to interpret the law.

• Mexico

  • The judiciary in Mexico is independent.

  • The Mexican Constitution guarantees the independence of the judiciary.

  • Judges are appointed by an independent commission, the Federal Judiciary Council.

  • The Mexican legal system is based on civil law, which means that judges have less discretion to interpret the law.

• Nigeria

  • The judiciary in Nigeria is independent.

  • The Nigerian Constitution guarantees the independence of the judiciary.

  • Judges are appointed by an independent commission, the National Judicial Council.

  • The Nigerian legal system is based on common law, which means that judges have the power to interpret the law and make decisions based on precedent.

Assessing the Independence of a Judiciary

• Appointment Process: The appointment process of judges should be transparent and free from political influence. The process should be based on merit and qualifications rather than political affiliations.

• Security of Tenure: Judges should have security of tenure, which means they cannot be removed from their position without a valid reason. This ensures that judges are not influenced by the fear of losing their job.

• Financial Independence: The judiciary should have financial independence, which means that their budget should be separate from the government's budget. This ensures that the judiciary is not dependent on the government for funding.

• Access to Information: Judges should have access to all the information they need to make an informed decision. This includes access to legal resources, court records, and other relevant information.

• Freedom of Expression: Judges should have the freedom to express their opinions without fear of retribution. This ensures that judges can make independent decisions without being influenced by external factors.

• Judicial Review: The judiciary should have the power of judicial review, which means they can review the actions of the government and other branches of the judiciary. This ensures that the judiciary can hold other branches of the government accountable.