Unit 5 Flashcards
Forms of government
‘A rigid notion of separation of powers is scarcely useful in accounting for the actual operation of contemporary form of governments.’ Discuss.
Original conceptions of political thinkers was a strict separation of powers, where each of the three branches of government has clearly defined competences that cannot overlap with competences of other branches. This notion was supported by Montesquieu or Locke and also the USA functioned like this for the initial part of its existence.
Nowadays a notion of checks and balances better explains the relationship between the main institutions of government. There is a high degree of cooperation and branches hold each other accountable.
A rigid interpretation of separation of powers proves inadequate in capturing the dynamic interplay between institutions in contemporary governments. With the evolution of governmental forms, the concept of checks and balances emerged, and the influence of informal practices have resulted in a more nuanced and interconnected system of governance. While the separation of powers remains a foundational principle, understanding the complexities of inter-branch relationships, informal practices, and the blurring of functional boundaries is crucial for accurately assessing the functioning of modern governments.
An example can be seen in the USA in the appointment of federal officials. They are appointed by President, but Senate gives recommendations and has to approve the nominees.
Illustrate the distinctive elements and actual operation of [dualist/monist] forms of government.
Dualist form of government is characterised by the presence of 2 independent legitimacy chains. Both executive and legislative branches derive their legitimacy directly from the people through separate electoral processes. Mandate of legislative and executive are independent, which leads to a more articulated separation of powers. Dualists forms of government are for example presidental or semi-presidential systems.
Monist form of government is characterised by single chain of legitimacy. Only legislature is directly elected and confers legitimacy upon executive. Executive branch, typically Cabinet, depends on the confidence of the parliament fro its operation. Legislative and executive branch are interconnected through confidence relationship, therefore the separation of powers is less strict. Monost form of government is parliamentary democracy or constutional monarchy.
Illustrate the distinctive elements and actual operation of semi-presidential systems.
Semi-presidential system arose from the temptation of executive to establish a direct relation with the electorate. Semi-presidential systems combine elements of dualist and monist forms of government. It is dualist because there are two democratic independent legitimacy chains of the President and Parliament. However it is monist because of the confidential relationship between Parliament and Cabinet, therefore there is no strict separation of powers.
In the world we can find 3 main types of semi-presidential systems. The first type favours the confidential relationship between Cabinet and Parliament, therefore it is basically parliamentary government with the Head of State directly elected. This type can be seen for example in Poland, Austria or Ireland. In the second type it is not settled whether the Cabinet or President prevails and it depends on a specific political equilibrium. This can be seen in Portugal and Finland. And the last type is that the President is the most influential institution and this can be seen in France.
How is cabinet structured? What are its main tasks?
The main task of Cabinet is to define policy agenda and then implement measures in order to achieve it. Cabinet is a collegial body consisting of the Head of Government and Ministers. These are called in each country differently.
The Head of Government has a higher status. He is the first among equals. In many countries constitutions it is stated, that the Head of Government is responsible for the general policy of the Government. Usually he is the leader of the political party which was the most successful in the parliamentary elections.
What is the role of the head of state in parliamentary from of government? What is the function of countersignature?
Head of State in parliamentary form of government can be either monarch or president.
Monarch has hereditary legitimacy and serves a life-term (or until resignation).
President is elected indirectly by either ad-hoc bodies or by particular formations of the Parliament. The term of office is usually longer than the one of Parliament.
The role of the head of the state is not really important. He is a figure that represents unity and continuity of the political community. He represents the state internationally. Head of state should be super partes (meaning neutral).
Countersignature is a procedure requiring a member of Cabinet to counter sign any act of the Head of State. This removes all political responsibility from the Head of State and transfers it to the Government.
In consociational parliamentary governments Head of State can play a more substantial role. If Parliament does not express a solid majority and is highly fragmented, than also the Cabinet (dependent on the majority) will be weak and therefore role of the Head of State can be enhanced.
How is the cabinet formed in parliamentary forms of government?
Cabinet can be formed in two main ways. Either it can be appointed by the Head of State or it can be invested by the parliament.
In the former the head of state appoints the leader of the party winning general elections. The newly appointed prime minister then selects other member of the government and the head of state appoints them (on the PM’s proposal). This cabinet formation does not need an explicit Parliamentary approval it simple serves as long as it is tolerated by the Parliament.
If the head of government is appointed in parliamentary investiture the explicit approval of the parliament is required. Typical example can be Germany where the President proposes Bundestag the name of the prospective Bundeskanzler (the Spitzenkandidat of he winning party) and if Bundestag approves them with an absolute majority, new Bundeskanzler is appointed by the President.
There is a third possibility which mixes the previous two systems. This system operates in Italy. The President appoints the Head of Government and other Ministers who take an oath, however the Cabinets needs to receive an explicit backing by both Houses within 10 days.
What is the ministerial accountability? Illustrate the main features of no-confidence motions.
Ministerial accountability entails not only the duty for the government to explain and justify its policies, but also the possibility of a sanction in the form of a removal from office if parliament finds the justification wanting. Originally ministers were accountable to the monarch; later it became established that ministers are accountable to parliament and can be held accountable. Ministers must inform parliament, justify conduct and remain subject to the dismissal by parliament. The parliament has the right to force a minister/cabinet to resign when parliament loses its confidence.
No-confidence motion is the distinctive element of parliamentary from of government. It means that the Cabinet is accountable to the legislature. No-confidence motions serve as a key instrument for enforcing this accountability. They allow a parliament to formally express its disapproval of the government’s policies or overall performance and, if successful, can lead to the government’s resignation. No-confidence motion is an initiative by the members of the Parliament. Most systems have established formal procedures. There is a mandatory cooling-off period tabling and voting. If a no-confidence motion is tabled and successfully voted in parliament Cabinet is generally obliged to resign. New government can be formed, but even Parliament can be dissolved and premature general elections held.
What is a confidence question? What are its direct and indirect purposes?
Confidence question is an initiative by the Cabinet which forces a vote on a specific proposal in the Parliament. If the question is not approved depending on constitutional system, Cabinet is required to resign.
Confidence question is usually used to overcome political deadlock or as an instrument to reinvigorate political majority. It can also force through Parliament a particular legislative proposal, because when confidence question is tabled all proposed amendments are dropped.
Illustrate the purpose and constitutional constrains on the power to dissolve parliament.
Dissolution of parliament means that new, premature general elections are called. Purpose of dissolving Parliament may be to overcome a political deadlock. Parliament can also be dissolved due to favourable political circumstances.
Power is usually vested in the Head of State, but it’s constitutionally limited. In the UK Crown has the power to dissolve the parliament upon the request of the PM. In 2011 that prerogative was limited requesting a 2/3 majority in House of Commons in order to call premature elections, this Act was in 2022 repealed. In Germany Bundestag can only be dissolved if it fails to elect a new Bundeskanzler or it it does not approve a confidence question. In Italy President can dissolve Parliament after the consultation with speakers of both houses and he cannot dissolve it in the last six months of Parliament’s term.
How does the US Presidential system operate under unified and divided government?
Unified government means that same political party controls the Presidency and the Congress. In the Senate it has to have the filibuster majority (of 60 Senators). In this case US system operates like parliamentary system, where President can achieve his policy agenda.
Divided government means that different parties control Presidency and the Congress. In this case meaningful legislation can only be approved if there is cooperation by both political parties. Presidential programs are approved rather as executive orders (limited power, because it operates only in the interstices between existing legislation).
How has the French semi-presidential system evolved? What are its modes of operation?
French semi-presidential system was established by the 1958 constitution, in which formally the supremacy of President was not clearly established. Thanks to the first president under this constitution Charles de Gaulle institution of President gained more power.
In 1962 De Gaulle introduced direct presidential elections (originally elected by Electoral College). He overcame Parliament (which was not in favour) and for the amendment used Article 11 (providing for popular referendum) rather than Article 89 (providing for constitutional amendment). Since then President in France is elected in direct elections with run-off.
Furthermore De Gaulle interpreted constitution in a way that Prime Minister can be at will dismissed by the President (Gaulle made PM’s upon their appointment sign an undated resignation letter).
Modes of operations are either homogeneous, in which both the President and Prime Minster come from the same political party. However there’s also a mode of co-habitation in which President and Prime Minister are from opposing parties. This situation tried to be overcome by introducing synchronised term however whenever Parliament would be prematurely dissolved this synchronisation fails.
