week 5 - const. and judicial power + electoral systems

Question 1

what do electoral systems determine

Answer 1

how citizens vote
the method of counting votes
who gets elected

Question 2

categories of electoral systems for legislative elections

Answer 2

majoritarian
proportional
mixed electoral systems

Question 3

majoritarian

Answer 3

It is one in which the candidates or parties that receive the most votes (almost always) win.

They take place in single-member districts.

Question 4

systems in majoritarian electoral sysems

Answer 4

single member plurality

alternative vote

two round systems

Question 5

single member plurality (SMP)

Answer 5

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.’

Question 6

alternative vote

Answer 6

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’

Question 7

two-round (runoff) systems

Answer 7

• 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.

Question 8

which state uses the run-off system for every election and had the most famous run-off election

Answer 8

georgia

Question 9

proportional

Answer 9

• 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

Question 10

party lists

Answer 10

an order of candidates in a party

Question 11

what do most proportional election systems use

Answer 11

party lists

Question 12

types of party lists

Answer 12

closed and open

Question 13

closed party lists

Answer 13

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.

Question 14

open party list

Answer 14

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.

Question 15

electoral thresholds in proportional system

Answer 15

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

Question 16

mixed electoral systems

Answer 16

This system in which voters elect representatives, through two different systems, one majoritarian and one proportional

Question 17

referendums

Answer 17

when the public votes directly on a certain issue and can be sometimes rare.

Question 18

arguments about referendums

Answer 18

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

Question 19

what do constitutions do

Answer 19

provides a formal source of state authority and establishes the structure, procedures, powers and duties of governmental institutions

Question 20

the varieties of constitutions

Answer 20

legislative supremacy constitutions and higher law constitution

Question 21

Legislative Supremacy Constitutions

Answer 21

• 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.

Question 22

Higher law Constitutions

Answer 22

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.

Question 23

bill of rights

Answer 23

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

Question 24

constitutional change

Answer 24

when constitutions can be changed by legislation (if flexible) or amendments (if rigid), or be completely replaced.

Question 25

where are complete constitutional changes more common in

Answer 25

Poorer countries

Less democratic countries

Countries that are ethnically fractionalized

Countries that were never French or British colonies

Question 26

judicial review

Answer 26

a review mechanism, which gives some institutions the authority to invalidate legislation deemed to violate the constitution

Question 27

difference in judicial review around the world

Answer 27

• 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

Question 28

what do countries who practice SMP have in common

Answer 28

british heritage

Question 29

judicial activism

Answer 29

when a judiciary with the power to review the constitutionality of legislation may take advantage of the power to reinterpret and invalidate laws

Question 30

what is the argument against judicial activism

Answer 30

it is an intrusion on the legislative branch
unelected judges often invalidate laws made by elected legislators
judges should be elected.