Unit 2 Flashcards
Legislative branch
Make the law
Executive branch
Enforce the law
Judicial branch
Interpret the law
Parliamentary system process
Voters vote for the ministers of parliament (MPs) and the majority party picks their prime minister. The PM then names their cabinet.
The PM and government are all part of the ministers of parliament.
Presidential system process
Voters vote for the members of legislature AND the president. The president can not be apart of the legislative branch. (Have to resign that position to become) President names their cabinet and the legislature approves.
Definition of parliamentary system
Combines the lawmaking and executive functions which allows the national legislature to select and remove the head of government and the cabinet.
Definition of presidential system
Voters select the president and the legislature in separate popular elections.
Semi-presidential system process
Voters vote for the ministers of parliament and the president in separate elections. The president appoints the prime minister and checked by the legislature. President and cabinet NOT apart of legislature.
Legislative checks on the Executive
- Confirmation of presidential appointments to cabinet.
- Override veto (by supermajority vote)
- Legislative oversight (Budget approval and committee hearings)
- Impeachment (by supermajority vote)
Impeachment process
- Lower house impeach
- Upper house remove
Executive functions
- Manage policy agenda
- Propose laws and budgets
- Manage bureaucracy
- Write regulations
- Administer programs
- Maintain law and order
Head of State
Ceremonial leader that represents the state.
Head of government
Legislative leader and formulates policy.
China HOS / HOG
President, Premier
Iran HOS / HOG
SL, President
Mexico HOS / HOG
President, President
Nigeria HOS / HOG
President, President
Russia HOS / HOG
President, PM
UK HOS / HOG
Monarch, PM
Area of responsibiliy of HOS/HOG in Mexico and Nigeria
As HOS
- Ceremonal leader
- Commander in Chief
- Foreign policy leader
As HOG
- Appoints the Cabinet to oversee bureaucracy and civil service
- Proposes/approves domestic legislation
Mexican President and Nigerian President differences
Mexico: Serves 1 six-year term
Nigeria: Federal character principle requires the President to appoint 1 cabinet member from each state.
Area of responsibility of HOS of Russia
- Ceremonial Leader
- Commander in Chief
- Foreign policy leader
- Appoints top ministers (Defense and Security, Foreign Affairs, Internal Affairs)
- Signs/vetoes legislation
Area of responsibility of HOG of Russia
- Appoints the cabinet to oversee bureaucracy and civil service
- Proposes domestic legislation
Area of responsibility of HOS of UK
- Ceremonial Leader
- Formally names PM
- Signs bill into law
Area of responsibility of HOG of UK
- Appoints the cabinet to oversee bureaucracy and civil service
- De facto commander in chief
- Makes foreign policy
- Develops domestic policies
- Calls elections
How are the President and Premier of China selected?
- Selected as general secretary of the CCP and chairman of the central military commission
- Appointed as President by the NPC
- President nominates the premier who is confirmed by the NPC
How are the SL and President of Iran chosen?
- There have only been 2 SL as selected by the Assembly of experts
- Presidents of Iran are directly elected
Assembly of Experts
- Selects/removes SL
- Chosen by the Guardian council/vetted by
Area of responsibility of HOS of China
- Ceremonial Leader
- Commander in Chief
- Foreign policy leader
- Nominates Premier
Area of responsibility of HOG of China
- Appoints the cabinet to oversee bureaucracy and civil service
- Proposes domestic legislation
Area of responsibility of HOS of Iran
- Commander in Chief
- Appoits 1/2 of Guardian Council, Chief Justice, Expediency Council, Revolutionary Guards, Friday Prayer Leaders, Head of the Media, Bonyad Leaders.
Area of responsibility of HOG of Iran
- Appoints the cabinet to oversee bureaucracy and civil service
- Proposes domestic legislation
- Conducts foreign policy
What is the purpose of executive term limits?
Limits executive authority
Term limits HOS/HOG AP6
China:
President: none
Premier: 2 five-year terms
Iran
SL: none
President: 2 four-year terms
Mexico:
President 1 six-year term
Nigeria:
President: 2 four-year terms
Russia:
President: 2 six-year terms
PM: none
UK:
Monarch: none
PM: none (5 year elections)
Advantages of executive term limits
- Check executive power, prevents dictators and personality rule
- Helps to focus the officeholder on governing rather than winning elections
- Provides opportunities for new leaders with new ideas, policies, or goals.
Disadvantages of executive term limits
- Forces good executives to leave office
- Allows insufficient time for an officeholder to achieve goals
- Impedes policy continuity
- Weakens accounatbility
- Creates a lame-duck period for the officeholder
Removal of executive by legislature
Parliamentary system: Vote of no confidence (majority)
Party Leadership MP vote
Presidential system:
Impeachment (supermajority)
Removal process of executive China
NPC removes
Removal process of executive Iran
SL: Assembly of Experts removes
President: Majles impeach/SL
Removal process of executive Mexico
2/3 Congress impeach
Removal process of executive Nigeria
2/3 congress impeach
Removal process of executive Russia
President: 2/3 federal assembly impeach
PM: Vote of no confidence in Duma
Removal process of executive UK
PM: Vote of no confidence in HOC
MP Leadership vote in HOC
Structure of a legislative system
the form, makeup, or arrangement of a legislative system
ex. China’s legislature is unicameral
Function of a legislative system
something’s role, task, or responsibility
ex. Russia’s Federation Council approves treaties and judicial nominees
Nigeria’s House of Reps
- Elected Lower house
- Approves legislation
Nigeria’s Senate
- elected upper house
- approves legislation
- confirmation power
- impeachment power
Mexico’s Chamber of Deputies
- elected lower house
- approves legislation
- levies taxes
- verfies election outcomes
Mexico’s Senate
- elected upper house
- approves legislation
- approves treaties
- confirmation of Supreme court justices
- approve federal intervention in state matters
UK’s HOC
- elected lower house
- approves legislation
- includes the PM (appointed by the monarch from the majority/coalition party)
UK’s HOL
- appointed upper house
- reviews and amends bills
- can delay implementation of policies
Russia’s Duma
- elected lower house
- passes legislation
- confirms the president’s choice for PM
Russia’s Federation Council
- appointed upper house
- approves budget legislation
- confirms judicial nominees
- approves troop deployment
China’s NPC
- elected house
- party controlled
- elects the president
- approves the premier
- legitimizes policies of the executive
Constitutionally, this is the most powerful instituion
Iran’s Majles
- elected house
- approves legislation
- oversees the budget
- confirms presidential cabinet appointments
This body acts under the supervision of the Guardian Council
Legislative independence
Legislative independence is the DEGREE to which a legislature is free to exercise its power without constraints from other branches/insitiutions
Examples of constraints limiting legislative independence
- China’s politburo standing committee
- The standing committe of the NPC
- Iran’s Guardian council
- Iran’s expediency council
Effects of independent legislature
Potentially increase legitimacy and stability by:
- responding to the public
- openly debating policy
- facilitating compromise
- extending civil liberties
- checking the executive
The key takeaway of independent legislatures
Independence allows the legislature to check the other branches/instituions of government.
China’s judicial system
- tiered court system
- judicial appointments are controlled by the CCP
- rule BY law (not of law)
- no judicial review
Iran’s judicial system
- sharia law
- role of judiciary is to ensure legal system is based on religious law
- Head of the judiciary appointed by SL
- head of the judiciary can nominate half of the Guardian council
- judicial review (sharia not constitution)
Mexico’s judicial system
- tiered court system
- supreme court has judicial review
- Supreme court magistrates nominated by president, confirmed by senate for a term of 15 years.
*judicial reforms from PRI END TO NOW
Common law
When high courts decide on cases, those precedents become the law. Setting a precedent for the future. (future situation what to do)
Code law
Statuets or laws that are written down. Be a judge and look at a law and say this is what it is.
Nigeria judicial system
- tiered system
- judicial review
- sharia courts in the North
- supreme court judges recommended by judicial council, appointed by president and confirmed by senate.
*judicial reforms
Russia’s judicial system
- tiered system
- judges nominated by president, approved by federation council
- judicial review (in theory but not in practice)
*targetting of opposition
UK’s judicial system
- not unified (regions)
- common law to enforce rule of law
- supreme court - final court of appeals
- judicial review? in transition
factors impacting degree of judicial independence
- qualifications of judges
- term lengths for judges
- process for removal of judges
- authority to overrule executive or legislative actions (judicial review, unconsitutional)
independent judiciaries can strengthen democracy by:
- maintaining checks and balances
- protecting rights and liberties
- establishing the rule of law
- maintaining separation of powers
China IJ?
No, CCP
Iran IJ?
No, SL appoints and uses courts to target opposition
Mexico IJ?
Sort of, reforms away from PRI and given power to judiciary. Organized crime and drug cartels influence of judicial stray it from IJ.
Nigeria IJ?
sort of, reforms to increase IJ and help with corruption. When president buhari suspended supreme court justice it showed IJ swaying.
Russia IJ?
No, targetting of opposition and power of president
UK IJ?
Yes, rule of law + checks and balances, no constitution but acts on its tradition history of IJ.
