quiz 12 power sharing Flashcards
Why has a formal Constitution never adopted in Israel? Does this mean Israel does not have a constitution?
1948, Declaration of Independence: mandate for drafting of a constitution but never adopted.
No formal constitution to guarantee legislation and court judgments that have space to satisfy the Nation (sovereign’s will)
Justice Barak: Justice Agranat: “law of a nation should be studied through the looking glass of its national life”
De Facto Constitution: The Israeli Parliament (Knesset) decided to adopt a constitution gradually in the form of 14 Basic Law.
SC of Israel affirmed constitutional status of the Basic Laws treating them as binding and superior to regular legislation.
quasi constitutional hierarchy
Why is the Israeli Supreme Court United Mizrahi Bank v. Migdal case a “constitutional moment” for Israel?
1992 Family Agricultural Sector (FAS) Law → amended in 1993
1992 Basic Law on Human Dignity and Liberty → not affect validity of prior laws →
United Mizrahi Bank challenged a law that protected debtors that the Knesset passed → argued that it infringed on property rights.
Constitutional moment:
a. Chief Justice Aharon Barak: Basic laws have a constitutional status.
b. Judicial Review: Court asserted authority to strike down Knesset legislation that conflict with Basic Law. Judicial supremacy in protecting constitutional rights.
Is there a possibility of judicial review in China?
Judicial review is possible for specific administrative actions but NO constitutional review.
Liberal democracies review executive/legislative decisions based on compliance with the constitution whereas CHINA’s constitution is a political framework not a directly enforceable legal document.
NPC /Standing Committee has authority to make sure laws comply with constitution but de facto doesn’t happen because decisions are politically driven by CPC
Citizens can challenge administrative actions in courts under the Administrative Procedure Law.
What are Villagers committees in China? Are they democratic?
Villagers’ Committees are elected bodies established to manage village affairs, mediate disputes, maintain social order, and organize collective activities. LOCAL GOV.
They operate under the Organic Law of the Villagers’ Committees, 1987.
Elected through direct votes = democratic grassroots participation. BUT
a. Party Influence
b. Lack of judicial independence (legal system is subordinate to CPC)
c. Limited Autonomy and Corruption
What is the Sun Zhigang incident? Why was it important?
The Sun Zhigang Incident (2003): a migrant worker was placed in detention because of lack of proper living permit, and died in prison after torture in custody.
The case received massive attention in the media and on the Internet in China, resulting in the National People’s Congress abolishing the custody and repatriation system by the national government.
a. exposure of abuse
b. legal advocacy and reform
What is the aim of consociationalism? What are the 4 principles of consociational democracy? Could these principles apply to China?
Consociationalism aim = manage and cooperation between deeply divided societies with ethnic, religious, linguistic divides
a. Parity: through cross-community power-sharing
b. Proportionality: allocation of important resources and public offices by reference to the proportions of contending groups in the population
c. Autonomy: by community self government
d. Veto Rights: granted to specific communities on vital issues, the same effect may be gained by imposing super-majority adoption
One party state, CCP monopoly, and centralized form of government in China is incompatible with inclusive, power sharing nature of consociationalism unless there are fundamental changes to China’s governance.
. What is the name of the collegial executive branch in Switzerland? How many members? Term Length?
Why is this institution consociational “equitable” representation?
Is the president of the Swiss federation an autonomous function or does he merely coordinate within the FC and the Cantons, and represent Switzerland in international relations?
Federal Council, 7, 4 years, reelected without term limits
- 4 languages: French, German, Italian, Romansh // deeply ingrained political tradition
- 2 religions: Roman Catholics and Protestants
-»> Ethnic and Linguistic inclusivity, Political balance (FC=consociational power sharing, each FC has equal voting power)
President = ceremonial
elected by Federal Assembly (1yr term, rotational basis among the 7 members of FC)
no autonomous executive authority
coordinates within FC and cantons
What is the name of the collegial executive in Bosnia and Herzegovina? How is it different from the Swiss Federal Council?
Presidency of Bosnia i Herzegovina (3 members: Bosniak, Croat, Serb) directly elected by citizens.
While both the Swiss Federal Council and the Presidency of Bosnia and Herzegovina are collegial executives aimed at inclusivity, they differ in their underlying principles. The Federal Council emphasizes political and linguistic diversity without explicit ethnic quotas, whereas the Bosnian Presidency institutionalized ethnic power-sharing to maintain peace and balance in a post-conflict society.
What are the names of the houses of parliament and term lengths of the Parliaments of Switzerland, Belgium and BiH?
Swiss Parliament /bicameral Federal Assembly/
a. National Council (200)/4 yr – proportional electoral system except for 6 cantons using FPTP
b. Council of States (46)/4 yr - all cantons send 2 representatives, except the 6. 24 cantons rely on majority two rounds, 2 rely on proportional voting system
Belgian Parliament: bicameral
a. Chamber of representatives (150)/5 yr – proportional w d’hondt distribution (5% threshold)
2 language groups
b. Senate (60)/5 yr – regional assembly, direct regional elections, consociational distribution of seats to each linguistic group
BiH: Bicameral
a. House of Representatives. (42)/4 yr – Proportional list.
⅔ from BiH, ⅓ from Srpska
b. House of Peoples (15) appointed by parliaments
5 serbs from Srpska, 5 Croats from BiH, 5 Bosniaks
Is a vote of no confidence possible against the Swiss Federal Council; against the Belgium PM and his cabinet? Is this vote of no confidence identical to that used in Spain and Germany?
Switzerland (semi direct democracy not directly accountable to Federal Assembly) = not possible, unless extreme criminal misconduct FC members can’t be removed
Belgium PM/cabinet = possible → parliamentary democracy
constructive vote of no confidence
Spain = Germany = Constructive vote of no confidence
Why do articles 138-142 of the Constitution of Switzerland imply frequent popular consultation on almost every issue of daily life? Does this direct democracy mechanism reinforce consociationalism?
Articles 138-142 frame mechanisms of direct democracy → initiatives/referendums → ensure frequent consultation to emphasize Switzerland’s commitment to direct democracy.
a. inclusive decision making
b. citizen empowerment
In Switzerland, consociationalism and direct democracy are complementary.
legitimizing decisions
protecting minority interests
promoting inclusiveness
