quiz 9 uk/india Flashcards
How would you define the parliamentary regime?
Parliamentary regimes are a democratic political system where EXECUTIVE branch derives legitimacy from and directly accountable to the PARLIAMENT.
a. HoG / PM : support of parliamentary majority, leader of exec. not popular election
b. HoS /president,monarch :
elected by parliament: symbolic, limited powers (Germany/India)
elected by people: strong directional power (France)
c.Legislative power: Parliament holds significant power ⇒ pass laws, scrutinize gov. actions, dismiss gov through vote of no confidence
Is the Semi-presidential regime parliamentary?
Presidentialized parliamentary régimes (France depuis 1958) remain parliamentary.
maintains the possibility of the head of state/gov to dissolve the parliament
cabinet members remain politically responsible before parliament distinct category.
-division of responsibilities
-independent presidential powers
-dual executive
Is France a premier-presidential parliamentary regime (monist)?
Monist= all authority flows from one source , legislature creating centralized control without institutional checks.
parliament appoints HOG
DUALIST, France= semi-presidential, dual sources of executive power
there are procedures such as vote of no confidence but power is shared, president has substantial independent power
Why is the UK constitution considered to be a growing constitution? Have calls to codify the UK constitution been successful?
Constant evolution since Magna Carta 1215.
More bills and acts added to create institutions, deemed to have constitutional value
i.e Bill of Rights 1628
Act of Settlement 1701 - limit crown
Reform Act of 1832 - suffrage
Constant additions, not amendments
- Constitution of Cromwell
→ Codify == change to substance of constitution = unsuccessful
Majoritarian parliamentary regime
A majoritarian parliamentary regime is a system of government where a single party, typically the one with the majority of seats in the lower house of parliament, has significant control over the legislative and executive branches.
a. Parliamentary supremacy
b. Fusion of powers: Executive is accountable to the legislative.
c. Majority rule
d. FPTP
Rationalized parliamentary regime
Mechanisms are in place to promote stability and predictability, often in contrast to the potential volatility of pure majoritarian systems. These mechanisms can include:
●Constructive Vote of No Confidence
●Investiture Vote: Mandating a formal vote of confidence for a new government to take office.
●Formal Coalitions: Encouraging or requiring the formation of coalitions with established agreements to ensure governmental stability.
. Is the UK a unitary state in spite of large devolution mechanisms?
UK = no complete judicial devolution, UNITARY, power originates from and can be reclaimed
one legal order w sovereignty of UK parliament → welsh/irish/scottish parliaments send representatives in UK parliament – highest legislative authority
i.e Scotland Independence referendum 2014, only gained devolution in leg/exec
What’s the result of FPTP elections in the UK? Is it fair and democratic?
1 round only. Need to achieve highest vote in constituency → election of 2 biggest parties: Labour / Conservative.
NOT explicitly fair and democratic. Highest percentage = wins. BC its not proportional the rest of the vote goes to waste and isn’t an accurate representation.
What’s a hung parliament?
Winning party of elections doesn’t have 50+1% → coalition, otherwise the opposition will recall the winning party. INEFFECTIVE.
Referendum in 2011 on changing the voting system → UK citizens voted against. NO CHANGE.
What are the 2 houses of parliament in the UK? How long are their terms? Are they equal?
House of Commons (5 yrs)»_space;> House of Lords (15 yrs/nonrenewable)
NOT equal. Both discusses and votes laws but ONLY HOC proposes. HL can’t block HC from adopting the budget.
What are the 2 houses of parliament in India? How long are their terms? Are they equal?
Lok Sabha - LOWER (5 yrs): pass laws/bills affecting state/union territories, reject money bills, can express vote of no confidence
»_space;>
Rajya Sabha - UPPER (6 yrs): examine/amend bills, only debate
What is the office of the Whip in the UK HC and in India’s LS? What is the role of shadow cabinet in these same states?
1772: The Whip is an MP appointed by each political party to ensure party discipline and cohesion. They manage the attendance of party members during votes and communicate party positions.
gov chief whip // opposition chief whip
No shadow cabinet in India.
The Shadow Cabinet is made up of senior opposition MPs who scrutinize government policies and propose alternatives. Each member corresponds to a government minister.
Functions:
- Hold the government accountable by questioning ministers during debates.
- Develop and promote the opposition’s policy agenda.
- Serve as a potential alternative government if the opposition wins in future elections.
. What is the role of the Crown in the UK majoritarian parliamentary regime? What is the role of the Palace? Is the role of the Indian president similar?
Crown
Ceremonial
Constitutional role: formal powers exercised on constitutional conventions, follows will of elected government
→ constitutional veto
→ formation of government
→ power of dissolution when requested by PM
Political neutrality
Palace: meeting place for HC, HL
Indian president:
Article 60: Preserve, protect, defend, constitution of India // executive powers constitutionally vested in him but actually exercised by cabinet
Since the government sits in Parliament and members of government are part of parliament in the UK, how can there be a separation of powers conforming to the democratic principle?
HoC scrutinizes government policies through the shadow cabinet. Functional, no organic. Bagehot: “efficiency over abstract concerns about tyranny”
-rights protected by common law
-informal checks
-political self-restraint
The HL is no longer a judicial institution since 2009, but before that in what case did the HL rule that if there are gaps in legislation, the judge has no competence to fill in the gaps (SoP). What is the highest court in UK today?
St. Mellons Rural District Council v Newport Corporation 1952 affirmed that if there are gaps in legislation, judge has no competence to fill the gaps.
Replaced by SC.
