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Constitutional Systems > Emerging Democracies > Flashcards

Emerging Democracies Flashcards

1
Q

Which ones are the emerging democracies?

A

Brazil, India, Japan, Israel, and South Africa

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2
Q

Explain the main characteristics of Brazil

A

Brazil is a democratic, federative republic, divided by states and a federal district.

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3
Q

How is power divided in Brazil?

A

The government of Brazil is divided into executive, legislative, and judicial branch

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4
Q

Explain the demomgraphic organiztion of Brazil

A

There are 27 states and more than 5,500 individual municipalities, each of which is run by a mayor.

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5
Q

Explain the elections in Brazil

A

Every two years, Brazilian’s vote to select who is going to represent them in the Executive and in the Legislative power. Members of the Judiciary, however, are not chosen directly by the people: other judges, magistrates, and the president decide who will occupy the disputed positions.

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6
Q

What is the Presient of the Republic in Brazil? Which rights does he have?

A

The President of Brazil, or Presidente da República, is the head of the State and the Head of the Government. It is up to the president to choose his aides and ministers, without further objection form the National Congress.

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7
Q

Name some funcitons of the Brazilian President

A
  • Conclude treaties and agreements with other nations
  • Power to sanction, enact, promulgate, and veto, national laws.
  • Declare state of emergency
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8
Q

Whre is the president located in Brazil?

A

In teh capital city, Brazilia

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9
Q

What happens if there is a vacancy in Brazil?

A

The president is located in the country’s capital city; Brasilia. In case of vacancy, the successor is the vice-president. If he or she is unable to assume the position, the provisional succession is made, in preferential order, by the president of the National Congress, the president of the Senate and the president of the Federal Supreme Court.

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10
Q

Who is the current President of Brazil?

A

The current president is Jair Bolsonaro

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11
Q

How is the Brazilian Parliament composed?

A

The Parliament in Brazil is bicameral and it is called National Congress, composed by the Chamber of Deputies (the lower house) and the Federal Senate (the upper house).

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12
Q

How are the Senators in Brazil? Explain their duties

A

Senators or senadores, represent each state at the Senate, located in Brasilia, and are elected directly by the population at national elections. Their duties include
o Protect the constitutional rights of the Brazilian population
o Analyze and vote law projects
o Approve the choice of ministers
o Authorize financial foreign transactions and approve debt limits.
There are three representatives for each state at the Senate, whose term of office is 8 years. Senators are elected at national elections, alternatively: in 2010, 2 senators were elected per state; in 2014, only 1 entered the Senate; in 2018, 2 more were elected, and so on.

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13
Q

What are the congressmen in Brazil?

A

Different from the senators that represent the state, congressmen represent the population. Federal congressmen are known as deputados federais, while state congressmen are known as deputados estaduais. Both of them are elected at national elections and have the main function of proposing, enacting, changing, and revoking laws.

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14
Q

Which is the main difference between deputados federais and deputados estaduais in Brazil?

A

The main difference is the coverage of such laws. While the federal congressmen create and vote federal laws, valid for the entire Brazilian territory, state congressmen do so for their specific territory.
All the work of federal congressmen happens at the National Congress, known as Congresso Nacional or Câmara dos Deputados, located in Brasilia, while deputados estaduais work at a Legislative Assembly, known as Assembleia Legislativa, located in each state

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15
Q

How is a Brazilian Legislative Assembly composed? And the National Congress

A

Each Legislative Assembly has a minimum of 24 state congressmen and a maximum of 94. This amount varies according to the population size. At the National Congress, there are a total of 513 federal congressmen.

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16
Q

Who exercises the utlimate judicial power in Brazil?

A

The Supreme Federal Court exercises the ultimate judicial power.

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17
Q

How are judges elected in Brazil?

A

Each of its judges is elected by the tribunal members and their term is life-long.

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18
Q

Explain the duties of the judicial system in Brazil

A

The judicial system is responsible for contesting and supporting any decisions made by the government that will affect the rights of Brazil’s individual residents. This gives the judicial system a huge amount of power within the legal system of Brazil

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19
Q

Explain the main features of India

A

India has a population of a billion and a quarter and an electorate of 814 million (2014). It is the world’s largest democracy and, for all its faults and flaws, this democratic system stands in marked contrast to the democratic failures of Pakistan and Bangladesh which were part of India until 1947

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20
Q

Who is the head of the State in India? Explain its origins

A

The head of the State in India is the President. This is normally a ceremonial role, originally modelled on the British monarch to “advise, encourage, and warn” the elected government on constitutional matters.

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21
Q

What can the Indian President do?

A

The President can return a Parliamentary Bill once for reconsideration and, in times of crisis, such as a hung Parliament, the role is pivotal. The President can declare a state of emergency which enables the Lok Sabha (Lower House/House of the People) to extend its life beyond the normal five-year term.

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22
Q

Who votes in the Indian elections? Who is the current president? And the Prime Minister?

A

As members of an electoral college, nearly 5,000 members of the national parliament and state legislators are eligible to vote in the election of the President. The current President is Ram Nath Kovind, a member of the Dalit (untouchable) caste; and the current Prime Minister is Narendra Modi

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23
Q

Who is the head of the government in India?

A

The head of the government is the Prime Minister who is appointed by the President on the nomination of the majority party in the lower house or Lock Sabha

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24
Q

How are Indian ministers appointed?

A

Ministers are then appointed by the President on the recommendation of the Prime Minister and these ministers collectively comprise the Council of Ministers

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25
Q

What is the lower house in India? Explain its main features

A

The lower house in the Indian political system is the Lok Sabha or House of the People. As set out in the Constitution, the maximum size of the Lok Sabha is 552 members, made up of up to 530 members representing people from the Union Territories, and two members to represent the Anglo-Indian community if it does not have adequate representation in the house according to the President.
Each member, except the two nominated ones, represent a geographical single-member constituency as in the British model of the House of Commons.

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26
Q

For how long is the Lower House in India?

A

Each Lok Sabha is formed for a five-year term, after which it is automatically dissolved, unless extended by a Proclamation of Emergency which may extend the term in one-year increments. This has happened on three occasions: 1962-1968; 1971; and 1975-1977.

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27
Q

What is the upper house in India? Explain its main features

A

The Upper House in the Indian political system is the Rajya Sabha or Council of States. As set out in the Constitution, the Rajya Sabha has up to 250 members. 12 of these members are chosen by the President for their expertise in specific fields of art, literature, science, and social services. These members are known as nominated members.
The Rajya Sabha meets in continuous session and, unlike the Lok Sabha, it is not subject to dissolution.

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28
Q

For how long are the members of the Indian Upper House in office?

A

Terms of office are for six years, with one third of the members facing re-election every two years.

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29
Q

Which functions do the Indian Upper and Lower Houses have in common? Which ones not?

A

The two houses share legislative powers, except in the area of supply money, where the Lok Sabha has overriding powers, In the case of conflicting legislation, a joint sitting of the two houses is held. If there is a conflict which cannot be resolved even by the joint committee of the two houses, it is solved in the joint session of the Parliament, where the will of the Lok Sabha almost always prevails, since the Lok Sabha is more than twice as large as the Rajya Sabha.

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30
Q

What is the highest judicial authority in India?

A

The Supreme Court is the highest judicial authority in civil, criminal, and constitutional cases. Since 2008, the size of the court has been 31.

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31
Q

How are judges appointed in India?

A

A judge is appointed to the Supreme Court by the President of India on the recommendation of the collegium, a closed group of the Chief of Justice of India, the four most senior judges of the court, and the senior-most judge hailing from the high court of a prospective appointee. However, a Bill is currently being considered which would provide that Supreme Court judges are appointed by the legislative branch with collegium functioning as an advisory body

32
Q

On what is the Japanese political system based?

A

It is based on Japan’s constitution, which was drafted after the end of World War II. Enacted on May 3rd, 1947, it firmly established a democracy in form of a constitutional monarchy, which, similar to the UK, maintained its long-standing imperial family as the honorary figurehead of the country.

33
Q

How is the governmental power distributed in Japan?

A

The governmental power has been distributed between three branches: The National Diet, the Cabinet, and the judiciary sections of the government. These entities serve as the legislative, executive, and judiciary branches respectively.

34
Q

Explain the figure of the Emperor in Japan. How is the current Emperor?

A

Following WWII, the role of Japan’s imperial family has gone from one holding almost absolute power, to a figurehead and ambassador for the country on domestic and international affairs.
According to the constitution, the Emperor carries out ceremonial duties, such as appointing the Prime Minister and the Chief Justice of the Supreme Court into office, and presenting distinguished awards from the government of Japan.
Internationally, imperial family members serve as ambassadors of Japan, hosting high profile diplomats and guests from abroad, and visiting foreign nations on diplomatic missions.
The current emperor of Japan is Naruhito since 2019.

35
Q

Which are the functions of the Prime Minister of Japan?

A

The Prime Minister of Japan is the face of Japan’s acting government, driving domestic policy and guiding foreign diplomacy for the nation.

36
Q

Requirements to be the Prime Minister of Japan

A

To be a prime minister of Japan, one must be a Japanese national, and also a standing member of the current National Diet.

37
Q

How is the Prime Minister elected in Japan?

A

Prime Ministers are not elected by a direct vote from citizens, but are appointed by the Diet. Therefore, whichever party holds control in the Diet will likely appoint their party leader to be the prime minister.

38
Q

Who is the current Prime Minister in Japan?

A

Shinzo Abe

39
Q

Explain the Cabinet of Japan

A

The Cabinet, the managing bodies of Japan’s governmental agencies, is appointed directly by the incumbent prime minister. Most Cabinet positions, called ministers, are required to be filled by existing members of the Diet. Ministers of State oversee the 11 ministers of Japan, which are specialized bureaus that direct policy over specific aspects of the nation’s operations.
In terms of accountability and maintaining their positions, the prime ministers and the Cabinet are directly responsible to the Diet.

40
Q

How is the Diet of Japan composed?

A

The Diet of Japan consist of an upper house, The House of the Councilors, and a lower house. The House of Representatives. It is the highest level of state power in the country, and the only section of government that can enact new laws.

41
Q

Japan’s Diet main funcitons

A

The Diet’s main functions include appointing the prime minister of Japan, approving the national budget, ratifying international treaties, and creating and implementing amendments to the constitution.

42
Q

Explain Japan’s Upper House

A

The Upper House, the House of the Councilors, consists of 242 members who serve 6-year terms. Elections for half of the houses are held every three years.
• 146 members are voted into office directly from their local districts.
• 96 of the members are preferred party members who are appointed into power via a proportional representation system based on the number of votes that were given to each political party.

43
Q

Explain Japan’s Lower House

A

The Lower House, the House of Representatives, consists of 480members who serve 4-year terms.
• 300 members are voted into office directly from their local districts.
• 180 members are preferred party members appointed via the proportional representation system.

44
Q

How are bills created and approved in Japan?

A

The House of Representatives holds the highest authority of pushing bills into law. If the House of the Councilors rejects a bill, the House of Representatives can re-vote on the bill and enact it with a vote of two-thirds or higher in support.

45
Q

Can the House of Representatives (Japan) be dissolved?

A

The executive branch has the power to dissolve the House of Representatives, resulting in an election before their 4-year terms are over.

46
Q

How is Japan’s judiciary branch composed?

A

The judicial branch of Japan’s government consists of
• The Supreme Court, with one chief judge and 14 Supreme Court judges
• Four lower classes of courts
o 8 courts
o 50 district courts
o 50 family courts
o 438 summary courts

47
Q

How are judges appointed in Japan?

A

The position of chief judge of the Supreme Court is decided by the Cabinet but appointed by the Emperor through formal ceremony. The cabinet directly appoints the other 14 Supreme Court judges. All judges must be reviewed every 10 years after their appointment, and the retirement age is 70.

48
Q

What is the role of the Supreme Court in Japan?

A

The Supreme Court deliberates upon the constitutionality of laws in the country, similar to their foreign counterparts in other democratic countries. Japan’s supreme court, however, will only rule on a case where an actual dispute has been raised from a lower court up to the Supreme Court.

49
Q

Does Israel have a constituion? Why?

A

No, because religious political parties blocked the adoption of a constitution at independence in 1948 and the project has never been completed: instead, there are 11 Basic Laws. In 2003, the parliament began to draft an official constitution based on these laws, but the project is not finished yet.

50
Q

Who is the head of Israel? What is his role?

A

The head of the Israeli state is the president who is an apolitical ceremonial figurehead.

51
Q

Who is the President of Israel elected?

A

The head of the Israeli state is the president who is an apolitical ceremonial figurehead. The President is elected by the Knesset for a 7-year term and is limited to a single term.

52
Q

Who is the current President of Israel?

A

The current president is Reuven Rivlin

53
Q

Explain the figure of the Prime Minister in Israel

A

The Prime Minister is normally the leader of the political party with the largest representation in the legislature, certainly of the political party with the largest representation in the governing coalition

54
Q

What is an acting Prime Minister in Israel?

A

Takes the place of the Prime Minister if the Prime Minister is temporarily incapacitated while the incumbent is still in office for a period up to 100 consecutive days. The holder of this position can additionally be head of a Government Department. In the current Cabinet, nobody has been appointed to this position.

55
Q

What are the Deputy Prime Minister and the Vice-Prime Minister in Israel?

A

They are honorary rather than official executive positions. In the current Cabinet, there are three Deputy Prime Ministers and four Vice-Prime Ministers.

56
Q

Who appoints the Cabinet in Israel? Explain the process

A

The Prime Ministers appoints a Cabinet, the membership of which must be approved by the Knesset. Any new appointment to the Cabinet must similarly be approved by the Knesset. Most Ministers are members of the Knesset although only the Prime Ministers and the Designated Acting Prime Minister are formally required to be members.

57
Q

Who is the current Prime Minister of Israel?

A

Benjamin Netanyahu

58
Q

Does Israel have a bicameral system?

A

No

59
Q

What is the name of Israel’s chamber legislature? Explain it

A

Knesset, which consists of 120 members (MKs) elected for a maximum term of four years. In practice, Knesset terms rarely last the full four years and, since the 1988 election, no Knesset has finished its four-year term; the average is two years.

60
Q

Explain Israel’s electoral system

A

It is national system, this means that the whole country is in effect regarded as one constituency and voters, instead of choosing one candidate for their local constituency as I many countries, choose one list of candidates from a number of lists, each compiled and presented by a political party on a national level. Although nationalist systems do not have to operate this way, in Israel, closed lists are used which means that the party determines the order of the candidates on the list, and the most voters have no influence over or choice of that order.

61
Q

What is the highest avergae method in Israel?

A

The highest averages method requires the number of votes for each party to be divided successively by a series of divisors and seats are then allocated to parties that secure the highest resulting quotient or average, up to the total number of seats available. The d’Hondt formula is the most widely used fir list systems and involves using the divisors 1,2,3,4… This system tends to give larger parties a slightly larger proportion of seat than their portion of the electorate. Technically this would guarantee that a party with a majority of votes would receive at least half of the seats – except to party in Israeli elections ever secures a majority of votes.

62
Q

Which one is the highest court in Israel

A

The Supreme Court

63
Q

How is the numer of judges in the Supreme Court determined in Israel?

A

The number of Supreme Court justices is determined by a resolution of the Knesset and is usually 12, but currently there are 15 Supreme Court Justices. Justices serve until the age of 70. Several leading figures in Likud and Jewish Home have called for legislation to limit the power of the Supreme Court to block legislation.

64
Q

Who appoints the Supreme Court Justices in Israel?

A

Supreme Court Justices, as well as other judges, art appointed by the President of the nomination of Judicial Appointments Panel. This Committee is composed of 9 members:3 Justices of the Supreme Court, including the President of the Court; 2 Ministers, one of them being the Minister of Justice; 2 members of the Knesset; and 2 representatives of the Israel Bar Association.

65
Q

Who is the Minister of Justice in Israel?

A

The Minister of Justice is the chairperson of the Committee.

66
Q

Why is South Africa a new democracy? Why is it considered a flawed democracy

A

Because there has only been votes for all since 1994; because one party has dominated power all that time winning easily all five general elections

67
Q

Which is South Africa’s system?

A

South Africa is a parliament republic, although unlike most such republics the President is both head of state and head of government, and depends for his tenure on the confidence of Parliament.

68
Q

Who make up the executive branch in South Africa?

A

The President, Deputy President and the Ministers make up the executive branch of the national government

69
Q

Who appoints the Members of the Parliament in South Africa? To do what?

A

Members of Parliament who are appointed by the President to head the various departments of the national government.

70
Q

How is the President elected in South Africa?

A

The President is not directly elected but elected by the Parliament members. He is, unusually, both head of state and head of the government and depends for his tenure on the continued confidence of Parliament.

71
Q

Since the apartheid how many presidents have there been in South Africa? Who?

A

Since the overthrow of apartheid and the introduction of universal suffrage, South Africa has had five Presidents, all from the African National Congress (ANC): Nelson Mandela, Thabo Mbeki, Kgalema Motlanthe, Jacob Zuma, and Cyril Ramaphosa.

72
Q

What is the Lower House in South Africa? Where is it located?

A

The Lower House of the Parliament of South Africa is called the National Assembly. It consists of 400 members who are elected every 5 years using a party-list proportional representation system where half of the members ae elected proportionally from 9 provincial lists and the remaining half, from national lists, so as to provide an overall allocation of sets which is proportional to the votes cast for each political party. Parties decide whether they want to set up both national and regional list or only regional list. It is located in Cape Town in Western Cape Province

73
Q

What is the Upper House in South Africa? Explain how it works and where it is located

A

The Upper House of the Parliament of South Africa is called the National Council of Provinces. It consists of 90 members with each of the 9 provincial legislatures electing 10 members. This means that each of the 9 provinces has equal representation in the Council, regardless of the population
Each provincial delegation consists of 6 permanent delegates, who are nominated for a term that lasts until a new provincial legislature is elected, and 4 special delegates. One of the special delegates is the province’s Premier, or another member of the provincial legislature designated by the Premier, and the other three special delegates are designated by the provincial legislature. The party representation in the delegation must proportionally reflect the party representation in the provincial legislature.
As with the National Assembly, the National Council of Provinces is located in Cape Town in Western Cape Province

74
Q

Explain the Composition of the Judicial Branch of South Africa

A

The judicial system consists of the magistrates’ courts, which hear lesser criminal cases and smaller civil cases; the High Courts, which are courts of general jurisdiction for specific areas; the Supreme Court of Appeals, which is the highest court in all but constitutional matters; and the Constitutional Court, which hears only constitutional matters.

75
Q

Where are the different parts of South Africa’s judicial system located?

A

The Supreme Court of Appeals is located in Bloemfontein. The Constitutional Court sits in Johannesburg, a different location from the government capital, the parliament capital, and the judicial capital

Constitutional Systems (10 decks)

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