Government and political systems

Government and political systems

This week

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Government and civil society

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Political systems

Government and civil society

“Government” or “state”?

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“State” is the better word

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5 Characteristics 1. 2. 3. 4. 5.

Institutions Rules a territory Rules a population Monopoly of the legitimate use of force internally and externally Diplomatic recognition from other states

The philosophical origin of the modern state: The social contract

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An intellectual justification for the state

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From the state* of nature to the social contract

Thomas Hobbes, 1588-1679

John Locke, 1632-1704

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The need for public order & laws  

protection of life protection of property

* Meaning the situation, the condition

Jean-Jacques Rousseau, 1712-1778

The real, historical origin of the sate  

Wars, civil wars & conquest National independences  

achieved by force achieved by referendum English Civil War 1642-1645

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The state as a “protection racket” (Charles Tilly)

Voters in the South Sudan independence referendum, 2011

The constitution  

Writing the state into existence The basic law of the state   

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determines the institutions basis for all other laws constrains the leaders, too

Changing the basic law: amending the constitution

The state and civil society Country XYZ 

The influence of liberalism State

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Separate… Interest groups Individuals

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(Business)

…yet mutually dependent

Civil society Family

Social Criminal movements organizations

The function of the state

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State-civil society relations The systemic model

David Easton 1917—

Country XYZ State (political system)

Inputs: demands & supports

Outputs: Rewards & deprivations

Individual 2 Individual 1

Group 1 Group 3 Group 2

Feedback

Group n

Individual 3 Individual n

POLITICAL SYSTEMS

The question of legitimacy

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Legitimate rulers & legitimate institutions  

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who has the right to make decisions? according to what process?

Preventing the concentration of political power (in democracy)

The division of powers inside the state 

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Origins in Roman Republic (508BC to 27BC) Modern version, a gradual process Strict division vs. flexible division of powers Legislative power

Executive power

(parliament)

(government)

Monocameral (1 chamber or house)

Bicameral (2 chambers or houses) 1 upper house 1 lower house

Monocephalous (1 head)

Bicephalous (2 heads)

Judicial power (courts/judiciary)

Judges

Parliamentary system (Canada) Canadian constitution

Legislative power Executive power

Flexible division of powers

Judicial power

Parliamentary system: legislative power Parliament of Canada

Current seats 

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House of Commons 308

One seat = one riding Members elected by direct suffrage, 4year terms Proposes, debates, amends, passes laws Holds the government to account (Question Period 1, 2) Party discipline Majority party forms the government* Moderated by the Speaker (neutral despite belonging to a party)

Senate 105 Current senators by party, by province 

Number of seats varies by province

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Appointed by Governor General on recommendation of Prime Minister

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Proposes, debates, amends, passes laws

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Party discipline

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Retirement at age 75

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Moderated by Speaker (neutral despite belonging to a party)

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Controversies: not elected, low attendance by some, expenses claims

Where the real work is done: Parliamentary committees  

Members can’t read all bills A committee room Party leaders appoint members to committees  

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Where most of the work is done    

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committee composition reflects composition of House committees can be high-profile or low-profile issue-based committees in-depth examination of bills hearings from civil society drafting of reports based on hearings amendment to the bills

Committees of the Parliament of Canada - House of Commons committees - Senate committees - Joint committees Hearings sometimes fairly dry, sometimes controversial (1, 2)

Bills go back to the full parliament for vote

Parliamentary system: executive power Government of Canada Head of state

Cabinet (including PM)

Current Governor General David L. Johnson, since 2010

Governor General

Head of government        

Bicephalous Cabinet comes from House of Commons Cabinet needs support of the House of Commons The Prime Minister: only a tradition Queen Elizabeth II appoints GG on advice of Prime Minister Prime minister can prorogue parliament (suspend work) Prime minister can ask the GG to dissolve the House (i.e., call an election) GG gives Royal Assent to bills, which then become law

Parliamentary system: judicial A random case from March 2012: power

John Virgil Punko vs. Her Majesty the Queen

Judicial power 

 Back Row: The Honourable Madam Justice Andromache Karakatsanis, the Honourable Mr. Justice Thomas A. Cromwell, the Honourable Mr. Justice Michael J. Moldaver, and the Honourable Mr. Justice Richard Wagner. Front Row: The Honourable Madam Justice Rosalie Silberman Abella, the Honourable Mr. Justice Louis LeBel, the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada, the Honourable Mr. Justice Morris J. Fish, and the Honourable Mr. Justice Marshall Rothstein.

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Highest court in the land, hence Supreme Court 9 judges Appointed by Queen in Council (GG) on advice of Prime Minister Judges the constitutionality of government decisions Controversies:  

interpreting vs. making law judges’ bilingualism: compulsory or not

Presidential system (US) United States constitution

Legislative power (Congress)

Executive power

Strict separation of powers

Judicial power

Presidential system: legislative power House of Representatives 435

Senate 100

US Capitol     

Districts roughly proportionate to population Elected by direct suffrage, 2-year terms Proposes, debates, amends, passes bills Negotiates bills with Senate Moderated by majority leader (can change rules on partisan basis))

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2 senators per state Elected by direct suffrage, 6-year terms Proposes, debates, amends, passes bills Negotiates bills with House of Representatives Approves appointment of ambassadors, Supreme Court judges; ratifies treaties 1/3 replaced every 2 years Moderated by majority leader (can change rules on partisan basis)

Both chambers need to pass a bill and the president must sign the bill for it to become law. Congress overturn a presidential veto with a 2/3 majority in both chambers. Controls the budget.

Presidential system: executive power Executive Power: President US constitution

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Monocephalous: head of government + head of state Elected by indirect suffrage for 4 years Cannot be removed* Cannot dissolve Congress Chooses secretaries to head government departments Can propose bills to Congress Must sign bills from Congress or veto them within 10 days

Presidential system: judicial power

Judicial power US Supreme Court building

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Highest court in the land, hence Supreme Court 9 judges for life Appointed by president Confirmed by Senate Judges the constitutionality of laws & government decisions Controversies:  

interpreting vs. making law a very, very politicized appointment process

Current justices: Associate Justice Sonia Sotomayor (top row, from left), Associate Justice Stephen G. Breyer (Hon.’95), Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan; Associate Justice Clarence Thomas (bottom row, from left), Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg

How to elect a US president step 1: Parties choose a presidential candidate 

Party Primaries (Jan. before election year to summer of election year)   

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National Conventions held in summer of election year  

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debates between candidates inside parties party members in each state give support to a candidate support takes the form of delegates Democratic Party delegates vote for the person they want run for president for their party the person chosen is the party nominee & the presidential candidate for that party

The nominees choose a running-mate  

Republican Party

presidential nominee + running-mate = presidential ticket running-mate will be vice-president if ticket wins

How to elect a US president step 2: The role of the Electoral College 

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Total = 538

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Each state, plus the District of Columbia, is given Electors Number based on seats in the House of Representatives Itself based on population size Electors pledge to vote based on popular vote

How to elect a US president step 3: Election day    

First Tuesday after the first Monday of November Voters vote for the ticket of their choice Voting methods & rules vary by state (computer, touchscreen, punch-card, paper ballot, bubble-filling, etc.) On the same day: many more separate elections       

Congressional elections (all House seats & 1/3 Senate seats) governor of the state legislature of the state school board police chief ballot initiatives (referenda) many other elective offices

How to elect a US president step 4: The Electoral College vote   

First Monday after the second Wednesday of December Ticket with most popular votes in a state gets all the Electors of that state (except for Maine & Nebraska) Electors cast their vote in secret 

 Obama McCain

The ticket with the most Electoral College votes wins 270 College votes are needed

Conclusion

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Different organization of the institutions

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Different relations between the three powers

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Different ways of translating people’s voice into state decisions

ANNEX 1: Looking inside the state: public administration & state employees Roles Status  Planning  Few political appointees  Advising  Professionals  Implementing  Delivering services  Non-partisan  Job security for some  Accountable  

auditor ombudsperson

ANNEX 2: Semi-presidential system This is for your personal interest There will be no exam question on this

Semi-presidential / mixed system (France) Executive power President

French constitution in English (Fifth Republic)

Government

Legislative power

Strict separation of powers

Judicial power

Semi-presidential system: legislative power Palais Bourbon

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Assemblée Nationale 577

Elected by direct suffrage Proposes, debates, amends, passes bills Can censure the government (prime minister & minister) who must resign

Sénat 331

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Palais du Luxembourg

Elected by 150,000 “grands électeurs” for 9 years 1/3 replaced every 3 years Proposes, debates, amends, passes bills

Both chambers must approve the same bill for it to be law. The president must sign the bill for it to be law (promulgation).

Semi-presidential system: executive power Executive power

President Government François Hollande President & head of state

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Elected by direct suffrage for 5 years Chooses prime minister Can dissolve the Assembly Presides Council of Ministers Promulgates laws May be removed by High Court

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Palais de l’Élysée

Jean-Marc Ayrault Prime minister & head of government

Prime minister chooses ministers from the National Assembly to form the government Ministers resign from the Assembly Government needs support of Assembly Proposes bills Falls if censured by Assembly

Hôtel de Matignon

Semi-presidential system: judicial Judicial power Conseil d’État

Conseil d’État Cour de cassation Conseil constitutionnel

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Dual role 

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consultative judges public decisions

Citizens vs. the state

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5, Quai de l’horloge

Four main chambers Citizens vs. citizens Breaks or affirms judgments of lower courts

Next slide

Semi-presidential system: judicial  

A third judicial body: the Conseil constitutionnel 9 judges for 9 years, non-renewable 

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3 appointed by the president 3 appointed by the speaker of the National Assembly 3 appointed by the speaker of the Senate

1/3 replaced every 3 years Main roles  

consultative: executive or legislative asks it to assess constitutionality of laws & policies supervises presidential elections & proclaims results