week 5 - const. and judicial power + electoral systems Flashcards
what do electoral systems determine
how citizens vote
the method of counting votes
who gets elected
categories of electoral systems for legislative elections
majoritarian
proportional
mixed electoral systems
majoritarian
It is one in which the candidates or parties that receive the most votes (almost always) win.
They take place in single-member districts.
systems in majoritarian electoral sysems
single member plurality
alternative vote
two round systems
single member plurality (SMP)
A system in which individuals cast a single-vote for a candidate in a single-member district - the candidate with the most votes wins.
They are also called ‘first-past-the-post.’
alternative vote
system in which individuals are required to rank the competing parties or candidates on their ballots and the votes are transferred from the worst-performing party until one party has a majority of votes.
also called ‘instant runoff voting’
two-round (runoff) systems
- when candidates who are elected in the first round obtain a specified level of votes (often an absolute majority).
- If no candidate wins this level of votes or if more than one candidate does, then a second round (which is a SMP election) takes place to determine who gets elected.
which state uses the run-off system for every election and had the most famous run-off election
georgia
proportional
- Often referred to as ‘proportional representation’
- PR systems produce a proportional translation of votes into seats.
- Districts have more than one seat.
- Different electoral formulas used to allocate seats, the percentage of seats a party gets generally mirrors it percentages of votes
party lists
an order of candidates in a party
what do most proportional election systems use
party lists
types of party lists
closed and open
closed party lists
the order of candidates elected is determined by the party leadership, a voter doesn’t have any influence on how the candidates are ranked.
Party discipline is affected.
open party list
a voter can choose their preferred party and also their preferred candidate and those with most preferences are moved to the top
Party discipline is affected.
electoral thresholds in proportional system
many countries with list proportional systems have an electoral threshold that stipulates the minimum percentage of votes that a party must win to gain representation
mixed electoral systems
This system in which voters elect representatives, through two different systems, one majoritarian and one proportional
referendums
when the public votes directly on a certain issue and can be sometimes rare.
arguments about referendums
FOR:
- people are more involved in decision making
- a decision made by the people has more legitimacy than one made by political elites.
AGAINST;
- tyranny of the majority
- against the trustee model
what do constitutions do
provides a formal source of state authority and establishes the structure, procedures, powers and duties of governmental institutions
the varieties of constitutions
legislative supremacy constitutions and higher law constitution
Legislative Supremacy Constitutions
- they are called flexible constitutions and any law passed by the legislature is constitutional.
- start from the premise that legislatures can do no legal
wrong, having derived legitimacy through popular election. - legislature is supreme so the judicial review nor bill of rights exist.
Higher law Constitutions
they are called ‘rigid constitutions’ which can only be modified through a special amendment procedure.
there is generally a bill of rights which restricts the legislature.
They have the judicial review.
bill of rights
when constitutions contain a list of guaranteed rights to citizens and restricts the authority of the state.
tend to reflect specific needs of a country at the time when the constitution was written
constitutional change
when constitutions can be changed by legislation (if flexible) or amendments (if rigid), or be completely replaced.
where are complete constitutional changes more common in
Poorer countries
Less democratic countries
Countries that are ethnically fractionalized
Countries that were never French or British colonies
judicial review
a review mechanism, which gives some institutions the authority to invalidate legislation deemed to violate the constitution
difference in judicial review around the world
- some countries have “constitutional courts” that exist solely to review the constitutionality of legislation; common in Europe and Africa
- in others, more than one court can invalidate legislation on constitutional grounds; common in the Caribbean, many Asian countries
what do countries who practice SMP have in common
british heritage
judicial activism
when a judiciary with the power to review the constitutionality of legislation may take advantage of the power to reinterpret and invalidate laws
what is the argument against judicial activism
it is an intrusion on the legislative branch
unelected judges often invalidate laws made by elected legislators
judges should be elected.
