Week 4 (Constitutions) Flashcards
What must constitutions set out?
- Separation of powers
- Responsibilities between levels of government
- Responsibilities between branches of government
Constitutions contain blueprints for both state-building and nation-building.
Also, constitutional design is often inspired by existing constitutions.
How are constitutions used in authoritarian regimes?
- Power may be vested in the ruler rather than the people
- Suspended provisions (full or partial suspension of a democratic constitution)
- Dead-letter provisions (a formally democratic constitution which is just ignored)
What are the pros and cons of flexible + rigid constitutions?
- Flexible constitutions allow adaptability to changing context and ensure popular sovereignty
- However, they can be manipulated and abused
- Rigid constitutions force compromise which can be both a good and a bad thing. This leads to broader constitutional legitimacy due to its non-partisan and consensual nature.
What are three dangers of presidentialism (according to Juan Linz)?
- Dual legitimacy - both legislature and president are directly elected
- Fixed terms - prevent removal of bad presidents eg in crisis situations (whereas parliamentary systems can act more quickly (Liz Truss case))
- Winner-takes-all style -> antagonism, polarisation, populism
What are formal executive powers?
Powers emanating from the chief executive’s constitutional/legal position
Some examples: veto, dissolution of legislature, executive orders/decrees, states of emergency
What are partisan executive powers?
Powers emanating from the chief executive’s position within their party.
Eg. leverage to control legislators by their control of appointments/promotions
What are informal executive powers?
Powers emanating from convention
Eg. agenda-setting, patronage, favouritism
What are the pros and cons of federalism?
Pros:
* Recognizes diversity and enables different groups to peacefully coexist
* Promotes innovation
* More direct accountability (as more policies are decided at a local/regional level)
Cons:
* Inconsistency of rights across the country (eg US with abortion/marijuana; Switzerland with women’s suffrage in c20th)
* Legislative inefficiency (because more actors and veto players are involved)
What is a constitutional crisis? And what can it be caused by?
A type of government crisis that a constitution cannot resolve
Caused by:
* One branch failing to follow constitutional rules / fulfil constitutional obligations
* Conflicts between branches/levels of government
What is the difference between constitutional sovereignty and parliamentary sovereignty?
Constitutional sovereignty - the constitution itself is sovereign; therefore, there is a constitutional court with ultimate authority to interpret whether laws are constitutional or not
Parliamentary sovereignty - constitutionality is ultimately determined by the legislature, which is sovereign
What characterizes federal states?
Constitutional right to self-government for subnational units
What characterises unitary states?
Constitutional power is vested exclusively in the national level
Does federalism promote economic growth?
- YES - Encourages inter-regional competition
- NO - Less efficient use of resources
Overall, neither federal nor unitary systems are objectively better.
What does ministerial responsibility refer to?
Cabinet ministers should bear ultimate responsibility for their ministry
What is collective cabinet responsibility?
Ministers must support cabinet decisions in public or else resign
What are the positive aspects of presidentialism?
- Voters have more choice
- Singular executive improves accountability
- Dual legitimacy means both legislature and executive are directly accountable to citizenry
- President not dependent on confidence of legislature -> MPs have more independence
