COMPARATIVE GOVERNMENTS AND POLITICS

I. CONSTITUTIONALISM

a. Concept and evolution of constitutional government and constitutional practice.

b. Classification of constitutions

II. MEANING, NATURE AND SCOPE OF COMPARATIVE GOVERNMENT AND POLITICS; government
structure; structure and role of political parties and pressure groups; political process; electoral systems;
political communication and political socialization; leadership; and political elite. GLOBAL
DEMOCRATISATION: PROSPECT AND CHALLENGES.

III. PARLIAMENTARY FORM OF DEMOCRACY: U.K. Features of the British constitution with special
focus on the constitutional monarchy, the supremacy of the British parliament, the working of the
cabinet system and the independence of the judiciary.

IV. PRESIDENTIAL FORM OF DEMOCRACY: U.S.A. features of the us constitution with special focus
on the federal system, the presidency and its powers, the congress and its relations with the president,
and the judiciary and its powers.

V. MIXED MODEL OF DEMOCRACY: FRANCE. Features of the France fifth republic with special focus
on the presidency and its powers, parliament, council of ministers, constitution, council and judiciary.

VI. COLLEGIAL LEADERSHIP: SWITZERLAND. Feature of Switzerland constitution with special focus
on the federalism, federal council, federal assembly, federal courts and direct democracy.

VII. COMMUNIST MODEL: PEOPLE’S REPUBLIC OF CHINA. Feature of Chinese constitution with
special focus on unicameral national people’s congress, presidency, the working of the government,
judiciary system, communist party of china, and modern trends in political and constitutional
development.

Q1. Discuss the concept and evolution of Constitutional Government and Constitutional practices.

OR

How do you analyze the practices of Constitutional Government? Explain.

Q2. What is global democratization? Explain its prospects and challenges. What are the basic
features of democracy?

Q3. What is the first-past-the-post electoral system? Does it provide equitable representative to all
groups? Explain proportional representative.
Q4. Define government structure and role of political parties in the political process.

Q5. What is a comparative perspective in the political system? Comment.

Q6. Political party and democracy are inseparable. Justify this statement. What is the role of political
parties in political socialization?

Q7. It is said that democracy in not possible without political parties. Give you views on this
statement.

OR

What role do political parties play to enhance and strengthen democracy?

Q8. Discuss the role of political parties in building democracy.

Q9. How do rights and duties reciprocate with exclusive or inclusive democratic system? Illustrate.

Q10. What has been the role of political elite in development of the country? Discuss.

Q11. “The British Parliament is a supreme and sovereign body.” Critically examine the statement.

Q12. ‘House of Lords in the United Kingdom is an extravagant constitutional show piece.’ Comment
and discuss.

Q13. ‘With the King in Buckingham Palace people sleep quietly in their beds.’ Discuss in the light of
this statement the constitutional position of monarchy in the UK.

OR

What is absolute monarchy? Define constitutional monarchy in the light of British experience.

OR define constitutional monarchy in the light of British and Nepalese experiences. OR what has been
the role of Constitutional Monarchy in the UK?

Q14. What is a Parliamentary System? Discuss the supremacy of British Parliament.

Q15. Examine the salient features of the British Constitutions.

Q16. What do you know about British Judiciary? Discuss.

Q17. What is difference between federalism and unitary system of government? Explain the features
of US political system and the political system of the UK.

Q18. Critically examine the role of British Prime Minister in Cabinet formation.
Q19. What is difference between federalism and unitary system of government? Explain the features
of US federalism.

Q20. What are the differences between Presidential form of Government and Parliamentary form?
Discuss the role of US President.

OR

American President is the real executive head. Define the role of US President in the light of power
granted by the Article2 of the US Constitution. OR Discuss the power of US President.

Q21. Discuss the powers of the Congress in the US.

Q22. What is the House of Representatives regarded as a less powerful organ than the Senate in the
US? Give reasons.

Q23. What is Judicial Review? Explain its role in US politics.

Q24. ‘The Senate of the US is the most powerful second chambers in the world.’ Discuss.

OR

Write a short note on the power of Senate in the US.

Q25. Define Constitutionalism in the light of British, US and France constitutional processes.

Q26. What are the differences between the US and Swiss federalism? Discuss.

Q27. Describe the role and functions of the council of ministers of France.

Q28. Explain the structures and functions of the French Republic with special focus on the power of
its President.

Q29. Discuss the powers, position and functions of the French President.

Q30. Explain the powers of French Parliament. How does it differ from British Parliament?

Q31. Explain the interdependency of French executive and legislative powers.

Q32. ‘The President of France is neither a dictator nor a mere figure head.’ Discuss.

Q33. Discuss the Organization of Administration Court in France.

Q34. ‘The Federal Council in Switzerland is a unique institution in the world.’ Comment.

OR

How does federal system work in Switzerland? Discuss.

Q35. What is direct democracy? Examine the style of functioning of direct democracy in Switzerland?

OR

What do you mean by the devices of direct democracy as practiced in Switzerland? Discuss.

Q36. What are the special features of the Swiss Constitution? Examine the style of functioning of
direct democracy in Switzerland.

Q37. Discuss the powers and functions of the state Council in the People’s Republic of China.

Q38. Discuss the nature of Chinese political system in the light of one party system.

Q39. How is the President of the People’s Republic of China elected? Discuss his powers and
functions.

Q40. What is the role of Chinese Central Committee of Communist Party?

Q41. How does China People’s Congress decide the working of government?

Q42. How does Federal Council work in Switzerland? Discuss.

Q43. Write a short note on political development in China.

CONSTITUTIONALISM

1. Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes,
and patterns of behavior elaborating the principle that the authority of government derives from and is
limited by a body of fundamental law." These ideas, attitudes and patterns of behavior, according to one
analyst, form "a dynamic political and historical process rather than as a static body of thought laid
down in the eighteenth century." A political organization is constitutional to the extent that it
"contain[s] institutionalized mechanisms of power control for the protection of the interests and
liberties of the citizenry, including those that may be in the minority."

2. As described by political scientist and constitutional scholar David Fellman:

“ "Constitutionalism is descriptive of a complicated concept, deeply imbedded in historical

experience, which subjects the officials who exercise governmental powers to the limitations of a higher
law. Constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary
judgment or mere fiat of public officials…. Throughout the literature dealing with modern public law and
the foundations of statecraft the central element of the concept of constitutionalism is that in political
society government officials are not free to do anything they please in any manner they choose; they are
bound to observe both the limitations on power and the procedures which are set out in the supreme,
constitutional law of the community. It may therefore be said that the touchstone of constitutionalism is
the concept of limited government under a higher law." ”

3. Usage-Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper
captured this aspect of the term in noting that: "Constitutionalism has both descriptive and prescriptive
connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition
of the people's right to 'consent' and certain other rights, freedoms, and privileges…. Used prescriptively
… its meaning incorporates those features of government seen as the essential elements of the …
Constitution."

4. Authority of government-Whether reflecting a descriptive or prescriptive focus, treatments of

the concept of constitutionalism all deal with the legitimacy of government. One recent assessment of
American constitutionalism, for example, notes that the idea of constitutionalism serves to define what
it is that "grants and guides the legitimate exercise of government authority." Similarly, historian Gordon
S. Wood described this American constitutionalism as "advanced thinking" on the nature of
constitutions in which the a constitution was conceived to be "a 'sett of fundamental rules by which
even the supreme power of the state shall be governed.'" Ultimately, American constitutionalism came
to rest on the collective sovereignty of the people - the source that legitimated American governments.

5. Constitutionalism vs. constitutional questions-The study of constitutions is not necessarily

synonymous with the study of constitutionalism. Although frequently conflated, there are crucial
differences. A discussion of this difference appears in legal historian Christian G. Fritz's American
Sovereigns: The People and America's Constitutional Tradition Before the Civil War, a study of the early
history of American constitutionalism. Fritz notes that an analyst could approach the study of historic
events focusing on issues that entailed "constitutional questions" and that this differs from a focus that
involves "questions of constitutionalism." Constitutional questions involve the analyst in examining how
the constitution was interpreted and applied to distribute power and authority as the new nation
struggled with problems of war and peace, taxation and representation.

6. Descriptive use-Used descriptively, the concept of constitutionalism can refer chiefly to the
historical struggle for constitutional recognition of the people's right to "consent" and certain other
rights, freedoms, and privileges.

7. United States-In U.S. History, constitutionalism—in both its descriptive and prescriptive sense—
has traditionally focused on the federal Constitution. Indeed, a routine assumption of many scholars has
been that understanding "American constitutionalism" necessarily entails the thought that went into the
drafting of the federal Constitution and the American experience with that constitution since its
ratification in 1789.
8. In point of fact, there is a rich tradition of state constitutionalism that offers broader insight into
constitutionalism in the United States. While state constitutions and the federal Constitution operate
differently as a function of federalism—the coexistence and interplay of governments at both a national
and state level—they all rest on a shared assumption that their legitimacy comes from the sovereign
authority of the people or Popular sovereignty. This underlying premise—embraced by the American
revolutionaries with the Declaration of Independence—unites the American constitutional tradition.
Both the experience with state constitutions before—and after—the federal Constitution as well as the
emergence and operation of the federal Constitution reflect an on-going struggle over the idea that all
governments in America rested on the sovereignty of the people for their legitimacy.

9. United Kingdom-The United Kingdom is perhaps the best instance of constitutionalism in a

country that does not have a written constitution. A variety of developments in seventeenth-century
England, including "the protracted struggle for power between king and Parliament was accompanied by
an efflorescence of political ideas in which the concept of countervailing powers was clearly defined,"
led to a well-developed polity with multiple governmental and private institutions that counter the
power of the state.

10. Prescriptive use-The prescriptive approach to constitutionalism addresses what a constitution

should be. Two observations might be offered about its prescriptive use.

11. United States-Starting with the proposition that "'Constitutionalism' refers to the position or
practice that government be limited by a constitution, usually written," analysts take a variety of
positions on what the constitution means. For instance, they describe the document as a document that
may specify its relation to statutes, treaties, executive and judicial actions, and the constitutions or laws
of regional jurisdictions. This prescriptive use of Constitutionalism is also concerned with the principles
of constitutional design, which includes the principle that the field of public action be partitioned
between delegated powers to the government and the rights of individuals, each of which is a restriction
of the other, and that no powers be delegated that are beyond the competence of government.

12. United Kingdom- Constitutionalist was also a label used by some Independent candidates in UK
general elections in the early 1920s. Most of the candidates were former Liberal Party members, and
many of them joined the Conservative Party soon after being elected. The best known Constitutionalist
candidate was Winston Churchill in the 1924 UK general election.

COMPARATIVE POLITICS

1. Comparative politics is a subfield of political science, characterized by an empirical approach

based on the comparative method. Arend Lijphart argues that comparative politics does not have a
substantive focus in itself, but rather a methodological one: it focuses on "the how but does not specify
the what of the analysis." In other words, comparative politics is not defined by the object of its study,
but rather by the method it applies to study political phenomena.
2. Peter Mair and Richard Rose advance a slightly different definition, arguing that comparative
politics is defined by a combination of a substantive focus on the study of countries' political systems
and a method of identifying and explaining similarities and differences between these countries using
common concepts. Rose states that, on his definition: "The focus is explicitly or implicitly upon more
than one country, thus following familiar political science usage in excluding within-nation comparison.

3. Methodologically, comparison is distinguished by its use of concepts that are applicable in more
than one country." When applied to specific fields of study, comparative politics may be referred to by
other names, such as for example comparative government (the comparative study of forms of
government) or comparative foreign policy (comparing the foreign policies of different States in order to
establish general empirical connections between the characteristics of the State and the characteristics
of its foreign policy).Sometimes, especially in the United States, the term "comparative politics" is used
to refer to "the politics of foreign countries." This usage of the term, however, is often considered
incorrect.

Some major works in comparative politics

• Aristotle: In his work The Politics, Aristotle compares different "constitutions", by introducing a
famous typology based on two criteria: the number of rulers (one, few, many) and the nature of the
political regime (good or corrupt). Thus he distinguishes six different kinds of "constitutions": monarchy,
aristocracy, and polity (good types), versus tyranny, oligarchy and democracy (corrupt types).

• Montesquieu:

• Alexis de Tocqueville: Democracy in America

• Seymour Martin Lipset: Political Man: The Social Basis of Politics

• Barrington Moore: In Social Origins of Dictatorship and Democracy: Lord and Peasant in the
Making of the Modern World (1966) Moore compares revolutions in countries like England, Russia and
Japan (among others). His thesis is that mass-led revolutions dispossess the landed elite and result in
Communism, and that revolutions by the elite result in Fascism. It is thus only revolutions by the
bourgeoisie that result in democratic governance. For the outlier case of India, practices of the Mogul
Empire, British Imperial rule and the Caste System are cited.

• Samuel P. Huntington: The Third Wave

• Robert A. Dahl: Polyarchy

• Arend Lijphart: Patterns of Democracy (1999), an unrivaled, comprehensive study of

democracies around the world.

• Giovanni Sartori: Comparative Constitutional Engineering: An Inquiry into Structure, Incentives

and Outcomes
• Theda Skocpol: In States and Social Revolutions: A Comparative Analysis of France, Russia, and
China Theda Skocpol compares the major revolutions of France, Russia and China: three basically similar
events which took place in three very different contexts. Skopcol's purpose is to find possible similarities
which might help explain the phenomenon of political revolution. From this point of view, this work
represents a good example of a research conducted according to the Most Different Systems Design.

Democratization

1. Democratization (British English: Democratisation) is the transition to a more democratic

political regime. It may be the transition from an authoritarian regime to a full democracy or transition
from a semi-authoritarian political system to a democratic political system. The outcome may be
consolidated (as it was for example in the United Kingdom) or democratization may face frequent
reversals (as it has faced for example in Argentina). Different patterns of democratization are often used
to explain other political phenomena, such as whether a country goes to a war or whether its economy
grows. Democratization itself is influenced by various factors, including economic development, history,
and civil society.

Causes of democratization

1. There is considerable debate about the factors which affect or ultimately limit democratization.
A great many things, including economics, culture, and history, have been cited as impacting on the
process. Some of the more frequently mentioned factors are:

• Wealth.

• Education.

• The resource curse

• Capitalism.

• Social equality

• Middle class

• Civil society

• Civic culture

• Culture

• Human Empowerment and Emancipative Values

• Homogeneous population

• Previous experience with democracy

• Foreign intervention

• Age distribution

Challenges of Democratization

Introducing, consolidating, and maintaining democracy is not an easy task. Like all the

good things in life, democracy faces many challenges. But they can all be overcome.

Very importantly, we can learn from the experiences of others who have emerged from

lawless dictatorship and tyranny to constitutional democracy.

1. The Challenge of Expectations-Expectations Too High and Expectations Too Low

2. The Challenge of Honor

3. The Challenge of Pluralism

4. The Challenge of Justice

Indicators of democratization

1. One influential survey in democratization is that of Freedom House, which arose during the Cold
War. The Freedom House, today an institution and a think tank, stands as one of the most
comprehensive "freedom measures" nationally and internationally and by extension a measure of
democratization. Freedom House categorizes all countries of the world according to a seven point value
system with over 200 questions on the survey and multiple survey representatives in various parts of
every nation. The total raw points of every country places the country in one of three categories: Free,
Partly Free, or not Free.

2. One study simultaneously examining the relationship between capitalism (measured with one
Index of Economic Freedom), economic development (measured with GDP/capita), and political
freedom (measured with the Freedom House index) found that high economic freedom increases
GDP/capita and a high GDP/capita increases economic freedom. A high GDP/capita also increases
political freedom but political freedom did not increase GDP/capita. There was no direct relationship
either way between economic freedom and political freedom if keeping GDP/capita constant.

Views on democratization

1. Francis Fukuyama wrote another classic in democratization studies entitled The End of History
and the Last Man which spoke of the rise of liberal democracy as the final form of human government.
However it has been argued that the expansion of liberal economic reforms has had mixed effects on
democratization. In many ways, it is argued, democratic institutions have been constrained or
"disciplined" in order to satisfy international capital markets or to facilitate the global flow of trade.

2. Samuel P. Huntington wrote The Third Wave, partly as response to Fukuyama, defining a global
democratization trend in the world post WWII. Huntington defined three waves of democratization that
have taken place in history. The first one brought democracy to Western Europe and Northern America
in the 19th century. It was followed by a rise of dictatorships during the Interwar period. The second
wave began after World War II, but lost steam between 1962 and the mid-1970s. The latest wave began
in 1974 and is still ongoing. Democratization of Latin America and post-Communist countries of Eastern
Europe is part of this third wave.

3. A very good example of a region which passed through all the three waves of democratization is
the Middle East. During the 15th century it was a part of the Ottoman empire. In the 19th century,
"when the empire finally collapsed [...] towards the end of the First World War, the Western armies
finally moved in and occupied the region".] This was an act of both European expansion and state-
building in order to democratize the region. However, what Posusney and Angrist argue is that, "the
ethnic divisions [...] are [those that are] complicating the U.S. effort to democratize Iraq". This raises
interesting questions about the role of combined foreign and domestic factors in the process of
democratization. In addition, Edward Said labels as 'orientalist' the predominantly Western perception
of "intrinsic incompatibility between democratic values and Islam". Moreover, he states that "the
Middle East and North Africa lack the prerequisites of democratization"

Democratization in other contexts

Although democratization is most often thought of in the context of national or regional politics, the
term can also be applied to:

1. International bodies

• International bodies (e.g. the United Nations) where there is an ongoing call for reform and
altered voting structures and voting systems.

2. Corporations

• It can also be applied in corporations where the traditional power structure was top-down
direction and the boss-knows-best (even a "Pointy-Haired Boss"); This is quite different from
consultation, empowerment (of lower levels) and a diffusion of decision making (power) throughout the
firm, as advocated by workplace democracy movements.

3. The Internet

• The loose anarchistic structure of the Internet Engineering Task Force and the Internet itself
have inspired some groups to call for more democratization of how domain names are held, upheld, and
lost. They note that the Domain Name System under ICANN is the least democratic and most centralized
part of the Internet, using a simple model of first-come-first-served to the names of things. Ralph Nader
called this "corporatization of the dictionary."

4. Knowledge

• The democratization of knowledge is a concept that describes the spread of knowledge among
common people, in contrast to knowledge being controlled by elite groups.

A UNITARY STATE

1. A unitary state is a sovereign state governed as one single unit in which the central government
is supreme and any administrative divisions (subnational units) exercise only powers that the central
government chooses to delegate. Many states in the world have a unitary system of government.Unitary
states are contrasted with federal states (federations):

• In a unitary state, subnational units are created and abolished and their powers may be
broadened and narrowed, by the central government. Although political power in unitary states may be
delegated through devolution to local government by statute, the central government remains supreme;
it may abrogate the acts of devolved governments or curtail their powers.

o The United Kingdom is an example of a unitary state. Scotland, Wales, and Northern Ireland,
which along with England are the constituent countries of the United Kingdom, have a degree of
autonomous devolved power - the Scottish Government and Scottish Parliament in Scotland, the Welsh
Assembly Government and National Assembly for Wales in Wales, and the Northern Ireland Executive
and Northern Ireland Assembly in Northern Ireland. But such devolved power is only delegated by
Britain's central government, more specifically by the Parliament of the United Kingdom, which is
supreme under the doctrine of parliamentary supremacy. Further, the devolved governments cannot
challenge the constitutionality of acts of Parliament, and the powers of the devolved governments can
be revoked or reduced by the central government (the Parliament with a government comprising the
Cabinet, headed by the Prime Minister). For example, the Northern Ireland Assembly has been
suspended four times, with its powers reverting to the central government's Northern Ireland Office.

• In federal states, by contrast, states or other subnational units share sovereignty with the
central government, and the states comprising the federation have an existence and power functions
that cannot be unilaterally changed by the central government. In some cases, such as in the United
States, it is the federal government that has only those powers expressly delegated to it.
o An example of a federal state is the United States; under the United States Constitution, power
is shared between the federal government of the United States and the U.S. states. Many federal states
also have unitary lower levels of government; while the United States is federal, the states themselves
are unitary under Dillon's Rule - counties and municipalities have only the authority granted to them by
the state governments by the state constitution or legislative act.

2. Most countries with the Westminster system of government are unitary states except Australia,
Canada and Malaysia, which have federal systems. These nations may be considered hybrids of both
systems, employing the centrality of the unitary system at the federal level, and the sharing of power
with states, provinces and territories found in federal systems.Devolution (like federation) may be
symmetrical, with all subnational units having the same powers and status, or asymmetric, with regions
varying in their powers and status.

FEDERALISM

1. Federalism is a political concept in which a group of members are bound together by covenant
(Latin: foedus, covenant) with a governing representative head. The term federalism is also used to
describe a system of the government in which sovereignty is constitutionally divided between a central
governing authority and constituent political units (like states or provinces). Federalism is a system in
which the power to govern is shared between national and central (state) governments, creating what is
often called a federation. Proponents are often called federalists.

2. Federalism is the type of politics wherein a group of members create a sovereign constitution
with central governing authority and political units.

3. In Europe, "federalist" is sometimes used to describe those who favour a common federal
government, with distributed power at regional, national and supranational levels. Most European
Federalists want this development to continue within the European Union. European federalism
originated in post-war Europe; one of the more important initiatives was Winston Churchill's speech in
Zurich in 1946. In Canada, federalism implies opposition to sovereigntist movements (usually those of
Quebec). The same is historically true in the United States. Advocates of a weaker federal government
and stronger state governments are those that generally favor confederation, often related to early
"anti-federalists" and later the Confederacy.

4. Argentina, Australia, Brazil, India and Malaysia among others, are also federal
countries.Federalism may encompass as few as two or three internal divisions, as is the case in Belgium
or Bosnia and Herzegovina.Ecclesiastic and theological federalism also exist within some Christian
denominations.In general, two extremes of federalism can be distinguished. In practice, however, there
is always a mixture of both.
FIRST PAST THE POST

1. First past the post voting is a generic term referring to an election determined by the highest
polling candidate(s). First-past-the-post voting method although similar in design does not relate solely
to Plurality voting.

2. The term first past the post (abbreviated FPTP or FPP) was coined as an analogy to horse racing,
where the winner of the race is the first to pass a particular point on the track.

3. Confusion in terminology often exists between Highest vote, Majority vote and Plurality voting
systems. Each one uses a first-past-the-post voting method but has subtle differences in the method of
execution. First-past-the-post voting is also used in two-round voting systems and Exhaustive ballots.

4. First-past-the-post voting systems involves the placing of a mark (commonly an X or sometimes

a tick or other mark) in a box corresponding to a candidate(s) of the voters choice. (In some cases may
involve the writing in of the candidates' name).

5. First-past-the-post voting method can be used for single and multiple member elections. In a
single member election the candidate with the highest number, not necessarily a majority, of votes is
elected. The Two-round voting system uses a first-past-the-post voting method in each of the two
rounds. The first round determining who will progress to the second final round ballot.

6. In a multiple member first-past-the-post ballot the first number of candidates, in order of

highest vote, corresponding to the number of positions to be filled are elected. If there are six vacancies
then the first six candidates with the highest vote are elected. A multiple selection ballot where more
than one candidate can be voted for is also a form of first-past-the-post voting in which case voters are
allowed to cast a vote for as many candidates as there are vacant positions. The candidate(s) with the
highest number of votes being elected.

7. The American Presidential college election uses a form of first-past-the-post voting in electing
state representatives for all states except Nebraska and Maine. In this system the party/candidate that
crosses the line first with the highest vote wins all one hundred percent, winner takes all, of the
positions available. Using the analogy of a horse race it is a horse race with a carriage.First-past-the-post
systems are often criticized as being unrepresentative as they do not necessarily represent the choice of
a majority of voters only the highest polling candidate(s).

8. Example-Candidate and Vote-A-25, B-22, C-21, D-18 and E-14.Under a first past the post voting
system the highest polling candidate(s) are elected. Candidate A has 25 votes although there are 75
votes recorded for other candidates. The situation where the highest polling party wins all seats
available, as is the case in the American Presidential election system, further distorts the representative
value of the first-past-the-post voting system

PROPORTIONAL REPRESENTATION (PR)

1. Proportional representation (PR), sometimes referred to as full representation, is a type of
voting system aimed at securing a close match between the percentage of votes that groups of
candidates obtain in elections, and the percentage of seats they receive (e.g., in legislative assemblies).

2. PR is often contrasted to plurality voting systems, such as those commonly used in the United
States, where disproportional seat distribution results from the division of voters into multiple electoral
districts, especially "winner takes all" plurality ("first past the post" or FPTP) districts.

3. Methods of proportional representation-There are different methods of proportional

representation which achieve either a greater degree of proportionality or a greater degree of
determinate outcome.

4. Various forms of proportional representation exist, such as party-list proportional

representation, where the above-mentioned groups correspond directly with candidate lists as usually
given by political parties. Within this form a further distinction can be made depending on whether or
not a voter can influence the election of candidates within a party list (open list and closed list
respectively).

5. Another kind of electoral system covered with the term proportional representation is the single
transferable vote (STV), which, in turn, does not depend on the existence of political parties (and where
the above-mentioned "measure of grouping" is entirely left up to the voters themselves). Elections for
the Australian Senate use what is referred to as above-the-line voting where candidates belonging to
registered political parties are grouped together on the ballot paper with the voter provided with the
option of "group voting" a semi-open party list/individual candidate system.There are also electoral
systems, single non-transferable vote (SNTV) and cumulative voting, all of which offer a variant form of
proportional representation.

UNITED STATES GOVERNMENT

1. United States Government, the combination of federal, state, and local laws, bodies, and
agencies that is responsible for carrying out the operations of the United States. The federal government
of the United States is centered in Washington, D.C.

2. The institutions of all governments emerge from basic principles. In the United States the one
basic principle is representative democracy, which defines a system in which the people govern
themselves by electing their own leaders. The American government functions to secure this principle
and to further the common interests of the people. Democracy in America is based on six essential
ideals:

(1) People must accept the principle of majority rule.

(2) The political rights of minorities must be protected.

(3) Citizens must agree to a system of rule by law.

(4) The free exchange of opinions and ideas must not be restricted.

(5) All citizens must be equal before the law.

(6) Government exists to serve the people, because it derives its power from the people. These ideals
form the basis of the democratic system in the United States, which seeks to create a union of diverse
peoples, places, and interests.

3. To implement its essential democratic ideals, the United States has built its government on four
elements:

(1) popular sovereignty, meaning that the people are the ultimate source of the government’s authority;

(2) representative government;

(3) checks and balances; and

(4) federalism, an arrangement where powers are shared by different levels of government.

4. Every government has a source of its sovereignty or authority, and most of the political
structures of the U.S. government apply the doctrine of popular sovereignty. In previous centuries the
source of sovereignty in some countries was the monarchy-the divine right of kings to rule.

5. Americans place the source of authority in the people who, in a democratic society, reign. In this
idea the citizens collectively represent the nation’s authority. They then express that authority
individually by voting to elect leaders to represent them in government. “I know no safe repository of
the ultimate powers of the society but the people themselves,” wrote Thomas Jefferson in 1820, “and if
we think them not enlightened enough to exercise their control with a wholesome discretion, the
remedy is not to take it from them but to inform their discretion.” This was an experimental idea at the
time, but today Americans take it for granted.

6. The second principle of U.S. democracy is representative government. In a representative

government, the people delegate their powers to elected officials. In the United States, candidates
compete for the presidency, the Senate, and the House of Representatives, as well as for many state and
local positions. In turn these elected officials represent the will of the people and ensure that the
government is accountable to its citizens. In a democracy, the people exercise power through elections,
which allow adult citizens of the United States the chance to have their voices heard and to influence
government. With their vote, they can remove officials who ignore their intentions or who betray their
trust. Political leaders are accountable as agents of the people; this accountability is an important
feature of the American system of representative government.

7. In order to truly work, however, representative government must represent all people.
Originally, the only people allowed to vote, and thus to be represented, were white men who owned
property—a small percentage of the population. Gradually, voting rights were broadened to include
white men without property, blacks, Native Americans, naturalized immigrants, and women

Constitution of the United States

1. Constitution of the United States, system of fundamental laws of the United States of America.

2. The Constitution was drawn up by 55 delegates to the Constitutional Convention in Philadelphia

during the summer of 1787 and ratified by the states in 1788.

3. The Constitution defines distinct powers for the Congress of the United States, the president,
and the federal courts.

4. This division of authority is known as a system of checks and balances, and it ensures that none
of the branches of government can dominate the others.

5. The Constitution also establishes and limits the authority of the federal government over the
states and spells out freedoms and liberties for U.S. citizens.

Importance of Constitution

The Constitution of the United States embodies the principle that out of many different peoples, one
national society can be created. The Founders wanted unity and stability. But they also wanted to
safeguard the rights and liberties of states and individuals by balancing power among individuals, states,
and the national government. The result is a system of shared functions designed to prevent any one
element from gaining too much power.

Feature of US Constitution

1. Written enacted and ratified constitution- before inauguration of the constitution, it was
submitted for ratification to the 13 states, which were to join the federation and form the United States
of America as a single sovereign state.

2. A brief constitution- the brevity of the US constitution has been indeed proverbial. It consists of
just 7 Articles and only 27 amendments have been made it in more than 215 years of its life. It is a small
booklet of just 15 pages containing only 4000 words. If we add the amendments, the total number of
words becomes 6000 words. When we compare it with the constitution of India (395 Articles plus
amendments), the constitution of Erstwhile USSR (174 Articles), the constitution of Japan (102 Articles),
the constitution of France (92 Articles), the Swiss constitution (123 Articles) and several other major
constitutions of the world, we find the American constitution a very brief constitution.

3. The Preamble-We the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.

4. Very rigid constitution- The process of amendment of the constitution is a difficult one. There
are two states in the amendment process. Firstly by 2/3rd majority of both the houses of the congress
or by a special constitutional convention called by congress when asked by 2/3rd of the several states
legislatures. Secondly, after clearing the first stage, to secure a ratification either by 3/4th of the several
state legislatures or by special conventions in 3/4th states.

5. A large number of conventions- Conventions have played an important and crucial role in the
evolution of the constitution. These have, indeed helped the US constitution to develop and meet the
necessities created by the changes in the environment.

6. Constitution as the supreme law-In the US, the thesis of the supremacy of the constitution
stands accepted by one and all. The constitution is the supreme law of the land. No law can violate it. US
it is with the constitution and where as in British, the supremacy is with British parliament.

7. Bill of Rights- Because the Constitution of the United States granted the federal government so
much power, as compared with the earlier Articles of Confederation, several states demanded a list of
amendments to guarantee individual rights against intrusion by the federal government. The first ten
amendments are known as the Bill of Rights; the amendments protect such rights as freedom of speech
(First Amendment), right against unlawful search and seizure (Fourth Amendment), and the right to a
public criminal trial by jury (Sixth Amendment).

8. Federal constitution- The US is a federation of 50 states. The Philadelphia convention decided to

end the confederation and form a “more perfect union”. The two objectives were:

a) To secure a strong central government capable of providing security, stability and strength.

b) To maintain as far as possible, the autonomy of the federating states.

9. Separation of power as the basic principle-The constitution framers were greatly impressed by
the ideas of Montesquieu. They accepted the concept of separation of power as the ideal device for
securing a limited government incapable of behaving arbitrarily. The US constitution provides for a clear
cut separation of power.
10. Checks and balances- The Constitution defines distinct powers for the Congress of the United
States, the president, and the federal courts. This division of authority is known as a system of checks
and balances, and it ensures that none of the branches of government can dominate the others.

11. Democratic Republic- The constitution provides for a democratic republic. The people are the
source of all power and authority. Voting qualifications Universal at age 18.

12. Presidential form of government-the constitution-framers decided to have a government which

is strong and yet limited. They adopted a separation of powers between the legislature ( the Congress)
and the Executive (the President), and decided to make the judiciary a fully independent judiciary. They
made the membership of the Congress incompatible with the membership of the executive (the
President and his executive heads of departments). Each organ was given a fixed tenure and the right to
dissolve/remove it was not given to the other organ. Neither the President was made to the Congress
nor the latter was made subordinate to the former. Supreme Court was kept independent of the control
of the other two organs. However, in order to keep the three organs under check, a system of mutual
checks and balances was incorporated in the system. In this way, the US constitution provides for a
Presidential form of government. The President is both the Head of State and the Head of the
Government. He remains in office for a fixed term. Neither the President is responsible to the Congress
nor can he dissolve the Congress before the expire of its full term. The members of the executive are
neither the members of the Congress nor can they take part in its proceedings. Each exercises its own
powers and is independent of the other.

13. Bicameral legislature- the constitution accepts bi-cameralism. The US Congress is a bicameral
legislature. The lower house is directly elected house and consists of 435 representatives of the people.
It has a fixed but short tenure of only 2 years. The upper house of the Congress is the Senate, which
consists of 100 members, 2 Senators are elected by each of the 50 states which form the US federation.
It represents the states of the US federation. Each state, big or small has been given two seats in the
Senate. The Senate is a quasi-permanent house and 1/3rd of its members retire after every two years.
Each Senator has a tenure of 6 years. Legislature power is exercised by both the houses.

14. Senate as the strongest second chamber- the US Senate, despite being the upper house of the
US Congress, is more powerful than the lower house-the house of representatives. The Senate has equal
powers with the House of Representatives in the spheres of ordinary law-making and amendment of the
constitution. In the sphere of financial legislation, the Senate has the final say. It is the Senate which has
been given the special role of checking the exercise of power by the President. The appointment and
treaties made by the President become operative only after these get an approval of the Senate. The
Senate’s refusal to accept them seals their fate. The Senate sits as the court of impeachment. In
practice, even in respect of ordinary law-making, it has come to dominate the House of Representatives.
The strong position of the Senate has been partially due to some favorable constitutional provisions and
partially due to certain other factors like its small size, long tenure, direct election, wider representative
base etc. when we compare the Senate with other second chambers working in several other states, like
the Indian Rajya Sabha, the British House of Lords, the French Senate and other, we find it more
powerful than all these. It is accepted by all the constitutional experts that the US Senate is the
strongest second chamber in the world.

15. Dual Judicial system-the federal judiciary system which is headed by the US supreme court and
consists of several other federal courts ( both constitutional and legislative courts), and state judicial
system has its own judicial system.

16. Independence of Judiciary-the courts in the US, whether federal or state courts, are
independent of the control of the legislature and the executive.

17. Judicial review power of the supreme court-it has the power to protect the constitution from
unconstitutional laws and actions of the government.

18. Dual citizenship-like a true federation, the US constitution provides for a dual citizenship.

19. Bi-party system- the freedom to from their associations, groups and political parties is an
important fundamental right of the people of the US.

20. Separation constitution for each state of the federation- the US constitution accepts the right of
each state of the federation to have its own constitution.

21. Limited government-it is resting upon the consent of the governed and exercising power in the
accordance with the dictates of public opinion.

US FEDERALISM

1. The federal entity created by the Constitution is the dominant feature of the American
governmental system. But the system itself is in reality a mosaic, composed of thousands of smaller
units — building blocks that together make up the whole.

2. There are 50 state governments plus the government of the District of Columbia, and further
down the ladder are still smaller units that govern counties, cities, towns, and villages.

3. The American political system consists of three main branches: all the legislative powers in the
United States are granted to the congress of the United States. This legislative body is composed of two
independent houses; the House of Representatives and the senate. Consists of 100 members who are
composed of 2 senators from each state that will be assigned for six years.

4. Those senators are elected by popular vote. Baring in mind that for a person to become a
senator he has to be 30 years of age, has been a citizen of the unite.

Feature of a federation
1. Division of Powers-the powers of the federal government have been specifically laid down in the
constitution and the states have been prohibited to exercise these.

a) Powers given to the federal government- Article I section 8 of the constitution gives 18 powers
to the federal government incl power to impose and collect federal taxes, foreign relation, treaties,
declaration of war, defence etc.

b) Powers prohibited to the federal government- Article I section 9 enumerates the powers
prohibited to the federal government incl, it cannot suspend the writ of habeas corpus, cannot make
laws establishing supremacy of a religion , cannot make laws which interfere with the freedom of
religion, speech and expression etc.

c) Powers vested in the states-the powers not vested in the federal government and not
prohibited to the states,have been vested with the states.

d) Powers prohibited to the states- the constitution places certain specific restriction on their
powers. For example, treaty with foreign states, declare war etc.

e) Powers given to both federation and the states- for example, both can tax, both can borrow
money, both can make and enforce laws etc.

2. Dual polity- the federal government at the national level and state governments within their
respective states. These states have their own constitutions and the federal government is governed by
the US constitution. Each state enjoys autonomy in its administration. Its government exercises
authorities within the boundaries of the states. The federal government exercises powers in the whole
of the US and over all its people but only in respect of the spheres allotted to it by the constitution.There
are only two restriction on the states:

a) Their constitutions must be Republican in letter and spirit.

b) No states constitution should violate or be in any way against the US constitution.

3. Written constitution

4. Rigid constitution

5. Constitution as the supreme law

6. Independent judiciary

7. Bi-cameral congress

8. Equality of all states

9. Dual citizenship

10. Dual judicial system

Why the US federal government has become very strong?

1. The US constitution provides for a federal system. It effects a division of powers between the
federation and the states through a written, rigid and supreme constitution. It incorporates dual polity,
dual citizenship, dual judicial system, equality of federating units, bi-cameralism and an independent
judiciary with the power to interpret and protect the constitution against possible violations by the
federation and the states as well as with the power to settle all federal-state disputes.

2. The division of powers affected by it reflects a truly federal spirit. The powers of the federal
government have been specified in Article I, section II of the constitution and the rest of the powers
have been given to the states.

3. The federal government has been given powers over only defined subjects and the rest belong
to the states. The attempt of the constitution framers was to give some defined powers to the
federation and to leave numerous and indefinite powers with the constituent unit i.e., the states.

4. Emergence of a strong central government- at the time of the birth of the constitution, the
powers of the federal government were few and defined. Since then, however, the tendency has been
towards an increase in its powers. Today, the powers of the federal government are very vast and the
state governments have come to occupy a back state in US political system.

5. Reason behind the increase in the power of federal government- when we analyze the reasons
behinds the increase in the powers of the federal government, we find that it has not been the result of
formal amendments in the constitution. The change has been a product of circumstances, national
needs, events, and judicial interpretations based on the doctrine of implied powers.

a) Big social and economic changes

b) Civil war 1861-65

c) The constitutional amendments

d) Several judicial decisions

e) Doctrine of implied powers

f) Systems of federal loans and grants-in-aid to the states.

g) The impact of international relations

h) Congressional legislation
i) A general trend toward centralization

6. Thus an increase in the powers of the US federal government has come naturally to serve the
needs arising from the fast changing environment of the political system.

The US Congress(The Legislative Branch)

1. Congress is the legislative branch of the federal government.

2. It is bicameral, comprising the House of Representatives and the Senate.

3. The House of Representatives consists of 435 voting members, each of whom represents a
congressional district and serves for a two-year term. In addition to the 435 voting members, there are
five non-voting members, consisting of four delegates and one resident commissioner.

4. There is one delegate each from the District of Columbia, Guam, Virgin Islands, and American
Samoa, and the resident commissioner is from Puerto Rico.

5. House seats are apportioned among the states by population; in contrast, each state has two
senators, regardless of population. There are a total of 100 senators (as there are currently 50 states),
who serve six-year terms (one third of the Senate stands for election every two years).

6. Each congressional chamber (House or Senate) has particular exclusive powers—the Senate
must give "advice and consent" to many important Presidential appointments, and the House must
introduce any bills for the purpose of raising revenue.

7. The consent of both chambers is required to pass any legislation, which then may only become
law by being signed by the President; if the President vetoes such legislation, however, both houses of
Congress must then re-pass the legislation, but by a two-thirds majority of each chamber, in order to
make such legislation law without the need for the President's signature.

8. The powers of Congress are limited to those enumerated in the Constitution; all other powers
are reserved to the states and the people.

9. The Constitution also includes the "Necessary and Proper Clause", which grants Congress the
power to "make all laws which shall be necessary and proper for carrying into execution the foregoing
powers." Members of the House and Senate are elected by first-past-the-post voting in every state
except Louisiana and Washington, which have runoffs.

10. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to
"determine the rules of its proceedings."
11. From this provision were created congressional committees, which do the work of drafting
legislation and conducting congressional investigations into national matters.

12. The 108th Congress (2003-2005) had 19 standing committees in the House and 17 in the Senate,
plus four joint permanent committees with members from both houses overseeing the Library of
Congress, printing, taxation, and the economy. In addition, each house may name special, or select,
committees to study specific problems.

13. Today, much of the congressional workload is borne by subcommittees, of which there are some
150.

Power of the US Congress

1. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these
include all legislative powers of the federation, constitutional framers also gave to the Congress some
role in the executive and judicial spheres. Its powers are as follows:

a) the powers to levy and collect taxes

b) to coin money and regulate its value

c) provide for punishment for counterfeiting

d) establish post offices and roads

e) promote progress of science by issuing patents

f) create federal courts inferior to the Supreme Court

g) define and punish piracies and felonies

h) declare war

i) raise and support armies

j) provide and maintain a navy

k) make rules for the regulation of land and naval forces

l) provide for, arm, and discipline the militia

m) exercise exclusive legislation in the District of Columbia

n) to make laws necessary to properly execute these powers

o) electoral powers- the Congress has been assigned a role in the election of the President and
Vice-President in two particulars situation.
The Constitution limits congressional power

1. The Constitution limits congressional power. The original articles of the Constitution and the Bill
of Rights—the first ten amendments to the Constitution—bar Congress from passing some types of
laws. The First Amendment, for example, prevents Congress from creating a national religion or
interfering in lawful religious practices. It also declares that Congress cannot infringe on certain basic
freedoms such as freedom of the press, speech, association, and petition. The Eighth Amendment
specifies that Congress cannot impose “cruel and unusual” penalties on law-breakers. Other
amendments create basic rights for people accused of crimes and limit the government’s power to take
a citizen’s property.

2. The judicial branch—including federal district courts, appeals courts, and the Supreme Court of
the United States—interprets laws, sometimes in ways not intended by Congress. The courts also shape
laws by deciding whether they conform to the Constitution. This power, known as judicial review, is a
powerful institutional check on Congress.

3. Perhaps the most substantial limit on Congress is the president’s power to veto legislation,
which Congress can override only by a two-thirds vote of both chambers. The president also has
informal power over Congress. The power and prestige of the White House gives the president an edge
over Congress in attracting public attention, so the president can often press Congress to accept
legislative proposals. The president has no constitutional authority to compel Congress to consider a
specific legislative agenda, but members of the House and Senate often propose legislation on the
president’s behalf.

United States House of Representatives

1. United States House of Representatives, larger of the two legislative chambers that make up the
Congress of the United States. Along with the Senate of the United States, it drafts and passes laws that,
if signed by the president, govern the United States and its citizens. Usually called simply “the House,” it
consists of 435 members chosen for two-year terms from districts of about equal population.

Power of the House of Representatives

1. Legislative power-The House of Representatives, combined with the Senate, is the world’s most
powerful legislature. Acting in tandem, the two chambers rarely accept legislation proposed by the
president without debating and amending it. The two chambers can, and often do, reject the president’s
pet proposals. They frequently write and pass legislation that the president opposes, daring the chief
executive either to veto it or seek a compromise.

2. The Constitution gives Congress “all legislative powers” of the national government. The House
and Senate share most of these powers. This includes the broad enumerated (listed) powers in Article I,
Section 8, of the Constitution—for example, coining money, regulating interstate and foreign commerce,
raising and equipping a military, and declaring war.

3. Executive powers-The Constitution also gives the chambers implied powers—to carry out the
enumerated powers and to investigate and oversee the executive branch. The House and the Senate
share most lawmaking powers. Bills must clear both chambers in exactly the same form before they are
sent to the president for approval or veto.

4. Financial powers-The House has special authority over taxing and spending. In opposing British
rule, Americans had protested “taxation without representation.” Mindful of this complaint, the framers
of the Constitution required that all tax laws begin in the House of Representatives—the chamber that
most closely represents the people. By custom, all laws that authorize the government to spend money
originate there as well. The House also has the sole power to initiate impeachment proceedings against
the president and other high officials, but the Senate conducts the trial.

5. Constituent powers- the passing of an amendment bill by the Congress requires approval by
2/3rd majority in both the houses. Houses of Representatives as such has equal role in initiating
amendments to the constitution.

6. Judicial function- the House of Representatives, acting along with the Senate, has the power to
create new federal courts and decide their jurisdictions. It shares with the Senate the power to impeach
the President, Vice-President, the Judges of the Supreme Court and other high federal officials.

7. Electoral function- if no Presidential candidates is in a position to secure an absolute majority of

votes in the Presidential electoral college, the responsibility of electing the US President falls on the
shoulders of the house of representatives.

8. The House lacks two specific powers granted to the Senate. Only the Senate can approve
treaties negotiated and submitted by the president. However, the House has the power to withhold
funding to carry out the agreements, and thus has leverage over many treaties. The Senate also has sole
power to confirm cabinet members and other key government officers. Because these officials work on
policies such as housing and agriculture that fall under House control, however, they must work with
committees in both chambers once in office.

The US Senate
1. United States Senate, the smaller of the two legislative bodies of the Congress of the United
States. Along with the House of Representatives, it drafts and passes laws that, when signed by the
president; govern the United States and its citizens. The Senate exercises some powers that the House
of Representatives does not, such as approving treaties between the United States and other countries.
The Senate has 100 members, two from each state. The tenure of each Senator is elected for a term of 6
years and is eligible for re-election. The Senate is a quasi-permanent ever-continuing house. 1/3rd of its
members retire after every 2 years. The practice of 1/3rd members being renewed every 3rd years
keeps the Senate in touch with fast changing public opinion.

Composition

1. There are 50 states of the US federation. Each sends two representatives to the Senate. Hence
there are 100 members in the Senate.

Qualification

1. He is a citizen of the USA

2. He is not less than 30 years of age

3. He is an inhabitant of the State which he seeks to represent

4. He is resident of the US for at least 9 years, but not essentially consecutive

5. He satisfies the rules of membership which the Senate prescribes

Power of US Senate

1. Along with the House of Representatives, the Senate wields lawmaking powers of the national
government granted to Congress by the U.S. Constitution. This includes the broad enumerated (listed)
powers of Article I, Section 8, of the Constitution—for example,

a) issuing currency

b) regulating banking and interstate or foreign commerce

c) providing for military forces,

d) declaring war.

2. Article I, Section 8, also gives Congress implied powers—to “make all laws which shall be
necessary and proper”

a) for carrying out the enumerated powers

b) to investigate and oversee the executive branch

c) The Senate also has the power to conduct impeachment trials against the president, federal
judges, and other officials.

d) The Senate can only impeach someone after the House brings charges, however. A two-thirds
majority vote of the senators in the chamber is necessary for a conviction.

3. The Senate has two special duties not shared by the House.

a) When the president negotiates treaties with other countries, they must be ratified by a two-
thirds vote of the Senate before becoming law. Although the Senate rejects few treaties outright, it
often refuses to act or it tries to change them. The Senate approves without change about seven of
every ten treaties submitted by the president.

b) The Senate also confirms by a majority vote the president’s choices for cabinet members,
ambassadors, federal judges, and many other important government officials. The Senate usually allows
presidents free rein in selecting cabinet officers and other members of their own administrations. On
the other hand, the Senate often closely scrutinizes nominees for the Supreme Court and other judicial
positions, which are lifetime appointments.

4. Some bicameral (two-house) political systems have an upper chamber with more power than
the second, lower chamber. Some experts claim that one house of Congress is more important than the
other—for example, that the Senate has more prestige or that the House pays more attention to
legislative details. However, the two houses stoutly defend their equal roles and zealously guard their
powers. Although the Senate was the stage for eloquent debates before the Civil War, and the House
and its committees shaped federal programs in more recent decades, neither chamber dominates today.

5. Factor behind the strong position of the Senate are as follows:

a) Small size of the Senate

b) Quasi-permanent character

c) Long tenure

d) Direct election

e) Bigger representative base of a Senator

f) Special powers of the Senate

g) Equal role in law making

h) Freedom of speech in the Senate

i) Solidarity of the Senate

US Presidential system(Executive Branch)

1. A presidential system is a system of government where an executive branch exists and presides
(hence the name) separately from the legislature, to which it is not accountable and which cannot, in
normal circumstances, dismiss it. It owes its origins to the medieval monarchies of France, England and
Scotland in which executive authority was vested in the Crown,not in meetings of the estates of the
realm (i.e., parliament): the Estates-General of France, the Parliament of England or the Estates of
Scotland. The concept of separate spheres of influence of the executive and legislature was emulated in
the Constitution of the United States, with the creation of the office of President of the United
States.Although not exclusive to republics, and applied in the case of semi-constitutional monarchies
where a monarch exercises power (both as head of state and chief of the executive branch of
government) alongside a legislature, the term is often associated with republican systems in the
Americas.

2. Advantages of presidential systems-Supporters generally claim four basic advantages for

presidential systems:

• Direct mandate — in a presidential system, the president is often elected directly by the people.
To some, this makes the president's power more legitimate than that of a leader appointed indirectly. In
the United States, the president is elected neither directly nor through the legislature, but by an
electoral college.

• Separation of powers — a presidential system establishes the presidency and the legislature as
two parallel structures. Supporters say that this arrangement allows each structure to supervise the
other, preventing abuses.

• Speed and decisiveness — some argue that a president with strong powers can usually enact
changes quickly. However, others argue that the separation of powers slows the system down.

• Stability — a president, by virtue of a fixed term, may provide more stability than a prime
minister who can be dismissed at any time.

3. Criticism-Critics generally claim three basic disadvantages for presidential systems:

• Tendency towards authoritarianism — some political scientists say that presidentialism is not
constitutionally stable. According to some political scientists, such as Fred Riggs, presidentialism has
fallen into authoritarianism in nearly every country it has been attempted. Critics such as Dana D. Nelson
in her 2008 book Bad for Democracy[2] see the office of the presidency in the United States as
essentially undemocratic[3] and she sees presidentialism as worship of the presidency by citizens which
tends to undermine civic participation.[3]

• Separation of powers — a presidential system establishes the presidency and the legislature as
two parallel structures. Critics argue that this creates undesirable gridlock, and that it reduces
accountability by allowing the president and the legislature to shift blame to each other.

• Impediments to leadership change — it is claimed that the difficulty in removing an unsuitable

president from office before his or her term has expired represents a significant problem.

4. Differences from a cabinet system-A number of key theoretical differences exist between a
presidential and a cabinet system:

• In a presidential system, the central principle is that the legislative and executive branches of
government should be separate. This leads to the separate election of president, who is elected to office
for a fixed term, and only removable for gross misdemeanor by impeachment and dismissal. In addition
he or she does not need to choose cabinet members commanding the support of the legislature. By
contrast, in parliamentarism, the executive branch is led by a council of ministers, headed by a Prime
Minister, who are directly accountable to the legislature and often have their background in the
legislature (regardless of whether it is called a "parliament", a "diet", or a "chamber").

• As with the president's set term of office, the legislature also exists for a set term of office and
cannot be dissolved ahead of schedule. By contrast, in parliamentary systems, the legislature can
typically be dissolved at any stage during its life by the head of state, usually on the advice of either
Prime Minister alone, by the Prime Minister and cabinet, or by the cabinet.

• In a presidential system, the president usually has special privileges in the enactment of
legislation, namely the possession of a power of veto over legislation of bills, in some cases subject to
the power of the legislature by weighed majority to override the veto. However, it is extremely rare for
the president to have the power to directly propose laws, or cast a vote on legislation. The legislature
and the president are thus expected to serve as checks and balances on each other's powers.

• Presidential system presidents may also be given a great deal of constitutional authority in the
exercise of the office of Commander in Chief, a constitutional title given to most presidents. In addition,
the presidential power to receive ambassadors as head of state is usually interpreted as giving the
president broad powers to conduct foreign policy. Though semi-presidential systems may reduce a
president's power over day to day government affairs, semi-presidential systems commonly give the
president power over foreign policy.

• Presidential systems also have fewer ideological parties than parliamentary systems. Sometimes
in the United States, the policies preferred by the two parties have been very similar (but see also
polarization). In the 1950s, during the leadership of Lyndon Johnson, the Senate Democrats included the
right-most members of the chamber—Harry Byrd and Strom Thurmond, and the left-most members—
Paul Douglas and Herbert Lehman. This pattern prevails in Latin American presidential democracies and
the Philippines as well.

5. Overlapping elements-In practice, elements of both systems overlap. Though a president in a

presidential system does not have to choose a government answerable to the legislature, the legislature
may have the right to scrutinize his or her appointments to high governmental office, with the right, on
some occasions, to block an appointment. In the United States, many appointments must be confirmed
by the Senate. By contrast, though answerable to parliament, a parliamentary system's cabinet may be
able to make use of the parliamentary 'whip' (an obligation on party members in parliament to vote with
their party) to control and dominate parliament, reducing parliament's ability to control the
government.Some countries, such as France have similarly evolved to such a degree that they can no
longer be accurately described as either presidential or parliamentary-style governments, and are
instead grouped under the category of semi-presidential system.

6. A parliamentary system is a system of government in which the ministers of the executive

branch are drawn from the legislature and are accountable to that body, such that the executive and
legislative branches are intertwined. In such a system, the head of government is both de facto chief
executive and chief legislator.

7. Parliamentary systems are characterized by no clear-cut separation of powers between the

executive and legislative branches, leading to a different set of checks and balances compared to those
found in presidential systems. Parliamentary systems usually have a clear differentiation between the
head of government and the head of state, with the head of government being the prime minister or
premier, and the head of state often being a figurehead, often either a president (elected either
popularly or by the parliament) or a hereditary monarch (often in a constitutional monarchy).

8. Criticisms of parliamentarianism-One of the main criticisms and benefits of many parliamentary

systems is that the head of government is in almost all cases not directly elected. In a presidential
system, the president is usually chosen directly by the electorate, or by a set of electors directly chosen
by the people, separate from the legislature.

9. However, in a parliamentary system the prime minister is elected by the legislature, often under
the strong influence of the party leadership. Thus, a party's candidate for the head of government is
usually known before the election, possibly making the election as much about the person as the party
behind him or her.

10. Some constituencies may have a popular local candidate under an unpopular leader (or the
reverse), forcing a difficult choice on the electorate. Mixed member proportional representation (where
voters cast two ballots) can make this choice easier.
1. The executive power in the federal government is vested in the President of the United States,
although power is often delegated to the Cabinet members and other officials. The President and Vice
President are elected as running mates for a maximum of twofour-year termsby the Electoral College,
for which each state, as well as the District of Columbia, is allocated a number of seats based on its
representation (or ostensible representation, in the case of D.C.) in both houses of Congress

2. The US government is a Presidential government. This becomes evident from its following
features:

a) Single unified executive- in the US Presidential system, the President is both the nominal
executive as well as the real executive. He is both the head of the state and of the government.

b) Separation of powers between the Congress and the President- the President is independent of
the Congress. The membership of the executive and legislative is incompatible. A member of the
Congress cannot be simultaneously a member of the executive.

c) Fixed and stable tenures of the President and the Congress- The US President has a fixed tenure
of 4 Years and he can be removed only by impeachment on grounds of treason, bribery or other high
crimes and misdemeanor. The Congress too has a definite tenure, before the expiry of which it cannot
be dissolved. The President has no power to dissolve the Congress before the expire of its full term. The
House of Representative has a fixed term of 2 years and the Senate is a quasi-permanent house.

d) The Cabinet works as an advisory body to the President-The US cabinet consists of the heads of
various departments who are appointed by the President. Presidential cabinet performs the function of
giving advice to the President.

e) Responsibility of the ministers to the President-the members of the cabinet are individually
responsible to the President, who can remove them at will without assigning any reason. The ministers
owe no responsibility to the Congress.

f) Political homogeneity in not a rule- In the US Presidential system, the President has the right to
appoint any person, whom he considers fit, to head any government department.

President of the United States

1. The executive branch consists of the President and delegates. The President is both the head of
state and government, as well as the military commander-in-chief and chief diplomat.

2. The President, according to the Constitution, must "take care that the laws be faithfully
executed," and "preserve, protect, and defend the Constitution."
3. The President presides over the executive branch of the federal government, a vast organization
numbering about 4 million people, including 1 million active-duty military personnel. The forty-fourth
and current president is Barack Obama.

4. The President may sign legislation passed by Congress into law or may veto it, preventing it from
becoming law unless two-thirds of both houses of Congress vote to override the veto. The President
may, with the consent of two-thirds of the Senate, make treaties with foreign nations.

5. The President may be impeached by a majority in the House and removed from office by a two-
thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors."

6. The President may not dissolve Congress or call special elections but does have the power to
pardon, or release, criminals convicted of offenses against the federal government (except in cases of
impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court
justices and federal judges.

Powers of the US President

1. Executive powers of the President- the President is the custodian and real user of all the
executive powers of the US Federation. Although he performs a big role in many spheres, his chief role
involves the exercise of executive powers are as follows:

a) Functions as head of the state

b) Chief administrator of the state

c) Enforcement of laws and maintenance of order

d) Functions as director of administration

e) Appointment making power

f) Power to remove federal officials

g) Treaty making powers

h) Military powers

i) Conduct of foreign policy of the USA

j) Power to grant pardon, deprive and amnesty

2. Function of the President in the legislative sphere- the US constitution vests all legislative
powers in the Congress. Nevertheless, the President has been given some role in the legislative sphere.
the President exercise his share in the legislative sphere in five ways:

a) Message to the Congress

b) Exercise of veto-power

i. Suspensory veto or suspensive veto

ii. Pocket veto

c) Power to make executive orders

d) Power to call special sessions of the Congress

e) Role in the adjournment of the Congress in special circumstances

3. Functions of the President as the leader of the nation

4. Function of the President as leader of his party

Limitation on the Powers of the US President

1. Limitation in respect of tenure

2. Limitation of holding a democratic office

3. Constitutional limitation

4. The provision for impeachment

5. Congressional control

6. Judicial control over the President

7. Specific limitations on the powers of the President

a) Dependence of President upon congress for laws

b) Dependence of President upon congress for finances

c) The power of the congress to over-ride Presidential veto

d) System of Senatorial approval for appointment made by the President

e) Treaties require Senatorial ratification

f) Right to declare war is with the congress

g) Investigation committees of the congress

h) Limitation of judicial review

i) Congressional power to create independent regulatory commissions

Vice President

1. The Vice President is the second-highest executive official of the government. As first in the U.S.
presidential line of succession, the Vice President becomes President upon the death, resignation, or
removal of the President, which has happened nine times in U.S. history.

2. Under the Constitution, the Vice President is President of the Senate. By virtue of the Vice
President's role as President of the Senate, he or she is the nominal head of the United States Senate. In
that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to break a
tied vote. Pursuant to the Twelfth Amendment, the Vice President presides over the joint session of
Congress when it convenes to count the vote of the Electoral College.

3. While the Vice President's only constitutionally prescribed functions, aside from presidential
succession, relate to his role as President of the Senate, the office is now commonly viewed as a
member of the executive branch of the federal government. The U.S. Constitution does not expressly
assign the office to any one branch, causing scholars to dispute whether it belongs to the executive
branch, the legislative branch, or both.

Secretary of State

1. The Secretary of State is the Chief Executive Officer of the United States Department of State,
the most senior of all federal executive departments. The Secretary of State is the third-highest official
of the executive branch of the federal government of the United States, after the President and Vice
President.

2. The Secretary is a member of the President's Cabinet and the highest-ranking cabinet secretary
both in U.S. presidential line of succession and order of precedence. The Secretary has many duties and
responsibilities.

3. The Secretary serves as the President's chief adviser on U.S. foreign policy and as such
negotiates, interprets, and terminates treaties and agreements, personally participates in or directs U.S.
representatives to international conferences, organizations, and agencies, conducts negotiations relating
to U.S. foreign affairs, and is responsible for the administration and management of foreign embassies
and consulate offices. Foreign trade missions and intelligence assets report directly to the Secretary of
State. The Secretary is also responsible for overall direction, coordination, and supervision of
interdepartmental activities of the U.S. Government overseas. The Secretary answers directly to the
President of the United States.

Judicial system of the United States

1. Judicial Branch, the portion of the United States national government that decides cases arising
under federal laws and under the Constitution of the United States. The judicial branch interprets laws
that have been passed by the legislative branch (Congress) and approved by the president of the United
States, who leads the executive branch.

2. Article III of the Constitution vests the judicial power in “one supreme Court, and in such inferior
courts as the Congress may from time to time establish.” This means that apart from the Supreme Court,
the organization of the judicial branch is left in the hands of Congress. Beginning with the Judiciary Act
of 1789, Congress created several types of courts and other judicial organizations, which now include
lower courts, specialized courts, and administrative offices to help run the judicial system.

Structure of Judicial system

The Supreme Court of the United States leads the judicial branch. The Supreme Court usually hears
cases only after they have been handled by lower courts.

1. District Courts

2. Courts of Appeal

3. Supreme Court

4. Special Courts

5. Administration

Supreme Court

1. Supreme Court of the United States, highest court in the United States and the chief authority in
the judicial branch, one of three branches of the United States federal government. The Supreme Court
hears appeals from decisions of lower federal courts and state supreme courts, and it resolves issues of
constitutional and federal law. It stands as the ultimate authority in constitutional interpretation, and its
decisions can be changed only by a constitutional amendment.
2. Nine judges sit on the Court: the chief justice of the United States and eight associate justices.
The president of the United States appoints them to the Court for life terms, but the U.S. Senate must
approve each appointment with a majority vote.

Role of the Supreme court

1. Role as interpreter of the constitution

2. Role as guardian of the constitution

3. Role in the development of the constitution

4. Role as the guardian of fundamental rights

5. Supreme court as a law maker

Judicial Review

1. Judicial Review, the power of courts to review statutes and governmental actions to determine
whether they conform to rules and principles laid down in constitutions. Judicial review is based on the
idea that a constitution—which dictates the nature, functions, and limits of a government—is the
supreme law. Consequently, any actions by a government that violate the principles of its constitution
are invalid.

2. In the United States the most important exercise of judicial review is by the Supreme Court. The
Court has used its power to invalidate hundreds of federal, state, and local laws that it found to conflict
with the Constitution of the United States. The Supreme Court also has used judicial review to order
federal, state, and local officials to refrain from behaving unconstitutionally. However, the power of
judicial review does not belong exclusively to the Supreme Court. In appropriate cases every court in the
United States may strike down laws that violate the Constitution. State courts have the power to review
state government actions for compatibility with both state constitutions and the federal Constitution.

3. The power of judicial review is essential to the political system of checks and balances
established by the U.S. Constitution, adopted in 1789. The United States would have a vastly different
political system if the courts did not possess the power of judicial review. Without judicial oversight of
government actions, the legislative branch would be legally supreme, and the fundamental protections
included in the Constitution, such as freedom of speech, would be ineffective. The inclusion of
fundamental rights in the Constitution, combined with the power of judicial review, serves to protect
the minority from laws created by a slim majority because a supermajority (two-thirds of each house of
Congress plus ratification by three-fourths of the states) is required to modify the Constitution.
Limitation of Judicial Review

1. There are several restrictions on the exercise of judicial review. Courts may strike down
unconstitutional laws only when cases are brought to them. In the absence of a case, judges may not
issue advisory opinions—that is, they may not say what they think a constitutional rule means or
whether a law is invalid. Moreover, not every case presents the possibility of judicial review.

2. The parties seeking review must have “standing”—that is, they must be the ones actually
affected by the law in question. Also, the dispute must be “ripe”—a person may not ask a court to void a
law if it has not yet been applied to that person. If the Constitution says that other branches of the
government have discretion to deal with an issue, the courts will not review such so-called political
questions. For example, the courts have no authority to overturn the president’s decision to pardon a
felon since the Constitution provides that the right to pardon is an executive function.

Role in the American Political system

1. Federal courts have a leading role in interpreting laws, rules, and other government actions, and
determining whether they conform to the Constitution. Judicial review includes both interpreting the
law and judging cases.

2. The courts do not always have the final say in settling issues of legal interpretation. The
president and members of Congress have their own ideas of what the Constitution permits, and on
occasion they may try to impede or simply ignore the courts’ decisions.

3. The president of the United States appoints federal judges, but these appointments are subject
to approval by the Senate. Once confirmed by the Senate, federal judges have appointments for life or
until they choose to retire. Federal judges can be removed from their positions only if they are convicted
of impeachable offenses by the Senate, but this has happened on only a few occasions.

4. The life-long appointments of federal judges makes it easier for the judiciary to stay removed
from political pressure. The long terms mean that presidential appointees to federal courts will have an
influence that lasts for decades, so the Senate closely scrutinizes many appointments, and sometimes
blocks them altogether.

Salient features of US Party System

1. Bi-party system- the US political system has a two party system. Usually the small parties
collectively poll less than 5% of the votes cast in national elections. Only the Republicans and Democrats
get the opportunities to wield power from time to time
2. Similar memberships- at present, the Republican and Democrats, have no marked differences in
their nature. Previously, the Republican party was of the industrialists where as Democratic party was of
the Agriculturists.

3. Similar programmes and policies of the two parties

4. Dominant actors in Politics- Republicans and Democrats are two main political actors. Though
extra-constitutional structure the parties play a key role in the working of the US constitution.

5. Existence of strong interest groups within each political parties- each of the two main political
parties has within it several well articulated interest groups. Each is a large federation of several well
organized interest groups.

6. Absence of political parties based on race or religion- American society is a society of diverse
races, cultures and religions. It is characterized by big diversities.

7. Local domination- the local organization of both the major political parties play more dominant
roles than the national level organization which become active only during the Presidential election
year.

UK GOVERNMENT

1. Her Majesty's Government in the United Kingdom (often abbreviated to HMG) is the central
government of the United Kingdom of Great Britain and Northern Ireland. Under the unwritten British
constitution, executive authority notionally lies with the monarch but is exercised only by and on the
advice of the Cabinet, a collective body of the most senior ministers of the Crown, who are appointed
Privy Councillors. "The Government" is a collective noun that refers to all the ministers of the Crown[1],
who are all members of one or other of the houses of Parliament. Members of the Government are,
both individually and collectively, politically accountable to Parliament and the people for advice to Her
Majesty and all actions carried out in her name by ministers and their Departments of State.

2. H.M. Government's powers include general executive and statutory powers, delegated
legislation, and numerous powers of appointment and patronage; however, some powerful officials and
bodies, (e.g. H.M. Judges, Local Authorities, and the Charity Commission) are legally more or less
independent of the Government, and Government powers are legally limited to those retained by the
Crown under Common Law or granted and limited by Act of Parliament, and are subject to European
Community law; both substantive and procedural limitations are enforceable in the Courts by judicial
review.

3. The Government is led by the Prime Minister, who is appointed by the Queen as the Member of
Parliament (since the early 20th century, a member from the House of Commons, though earlier Prime
Minsters often came from the House of Lords) most likely to command a majority in the House of
Commons. The Prime Minister is based at 10 Downing Street, which along with most government
departments, is located in Westminster. The Prime Minister selects the other members of the
Government for appointment (and dismissal) by the Queen, but the entire Government must resign if
they lose a vote of confidence in the House of Commons. By short-term fiscal and military legislation,
the Government is dependent upon Parliament,[2] which means that in practice a government must
seek re-election at least every five years. The current Prime Minister is Gordon Brown, who is also leader
of the Labour Party. He was appointed by Queen Elizabeth II on 27 June 2007.[4] He leads a government
composed of some 127 ministers, mostly Labour Party MPs.

BRITISH CONSTITUTION

1. The British constitution comprises multiple documents. The written part consists of the Magna
Carta, written in 1215; the Petition of Right, passed by Parliament in 1628; and the Bill of Rights of 1689.
It also includes the entire body of laws enacted by Parliament, precedents established by decisions
made in British courts of law, and various traditions and customs.

2. The democratically elected House of Commons can alter these laws with a majority vote. The
constitution continually evolves as new laws are passed and judicial decisions are handed down. All laws
passed by Parliament are regarded as constitutional, and changes or amendments to the constitution
occur whenever new legislation overrides existing law. Although the crown gives its royal assent to
legislation, this is a mere formality.

Salient features of the British Constitution

1. Unwritten constitution- the British constitution is an unwritten constitution. It has never made
an codified in the form of a book. The unwritten character of the British constitution however, does not
mean that it is totally unwritten. Some of its very important parts, like the Magna Carta, the Petition of
Right, the Bill of Rights and many other statutes of the British Parliament which relate to the
constitutional system, are available in written form.

2. Oldest and evolved constitution- it has been the product of a gradual and steady evolution. The
process began in the Anglo-Saxon period and still continues to be there.

3. Child of accident and design- in the evolution of the British constitution, two factors, Accidents
and Design- have indeed played a very important role. The origin and development of the Cabinet
system was possible because of a series of accidents.

4. Unitary constitution-British has a unitary government. All powers are in the hands of the single
central government. The laws made by the British parliament apply to all the people and places. There
are several well and systematically organized local government which exercise civic powers in the local
areas.

5. Very flexible constitution-it can be amended, partially or wholly by an ordinary law passed by
the British parliament. There is no distinction between constitutional laws and ordinary laws, both of
which can be passed by the British parliament.

6. Hereditary and constitutional Monarchy- Heredity Monarchy continues to survive in England. It

has got transformed into a limited and constitutional monarchy and in this form has made itself a part of
the liberal democratic political system of England. The king/queen continues to be the head of the state
in Britain. Succession to the throne passes from a father to the eldest son, and if he has no son, to his
eldest daughter. However, Monarchy has lost almost all its powers.

7. Parliamentary government-British Parliament, supreme legislature of the United Kingdom of

Great Britain and Northern Ireland. It consists, technically, of the Crown, the House of Lords, and the
House of Commons, but when commonly referred to, it means the House of Commons and House of
Lords. Today the main legislative chamber is the House of Commons; its members alone are called
members of Parliament. Parliament is the legislative branch of government. No statute may become law
or be altered or repealed, nor may taxes be levied, without its consent. Thus, all powers of local
government derive from Parliamentary acts. Cabinet members, including the prime minister, are
members of one house or the other and are collectively responsible to the House of Commons. The
House of Lords is the highest court of appeal in Britain’s judicial system.

8. Liberal democratic political system-British has liberal democratic political system. The struggle
for power is open. All citizens of 18 years or more of age have the right to vote and if more than 21
years, the right to contest elections. Political parties directly and freely participate in the struggle for
power.

9. Sovereignty of the British parliament- it has the power to make any law on any subject for all the
people and places of Britain. Laws passed by the parliament cannot be rejected or set aside by the king
or the courts.

10. Bicameral parliament- Bicameralism had its origin in England. The division of the British
Parliament into two houses, the House of Lords and the House of Commons.

11. House of lords as the hightest court of appeal- the House of Lords enjoys the unique distinction
of being the highest court of appeal- a characteristic which virtually gives to the House the status of a
supreme court. Lord Chancellor presides over the meetings of the House of Lords. He is a member of the
Cabinet and his position is like that of the chief justice of the supreme court. When House of Lords sits
as the highest court of appeal, only nine of its members- the nine law lords, attend the session and the
other members, by a convention, abstain from the meeting.

12. Bi-party system- there are several political parties in England but only two parties are real
contenders for power., these two parties were the Conservative party and the Labour party.
13. Her Majesty’s opposition organized opposition- in the election one party gets the majority and
assumes the reigns of power, while the other, which gets a minority of seats, assumes the role of the
opposition. The leader of the majority party becomes the PM and organizes his ministry with some of
the elected representatives of his party and organizes his Shadow Cabinet.

14. A large number of conventions- the unwritten and evolutionary character of the British
constitution has been responsible for the origin, growth and continuance of a large number of unwritten
rules of political behavior i.e, conventions. Conventions form the wrap and woof of the British
constitution.

15. Rule of law- it is the bed rock of the rights and liberties enjoyed by the people of England. There
is no formal bill or rights in the British constitution and yet people enjoy all such rights and liberties
which are enjoyed by the citizens of every democratic state.

16. Gap between theory and practice- theoretically there is Monarchy in Britain, but in actual
practice, a liberal democracy with parliamentary form of government is at work. All the power of the
King are in reality exercised by the Crown and as a part of the Crown these are mostly exercised by the
Cabinet.

17. A mixed constitution-it involves a mixture of Monarchy, Aristocracy and Democracy. The King
represents the monarchy, the House of Lords and Privy Council the Aristocracy, the House of Commons,
Rule of Law, Parliamentary form of government, and supremacy of parliamentary symbolizing the
sovereignty of the people, represent democracy.

Salient feature of the British Parliamentary system

1. British king is the nominal and constitutional head of the state.

2. The real executive powers are in the hands of the British Cabinet headed by the Prime Minister.

3. There is a close relationship between the executive and the parliament as the ministers are
essentially members of the parliament. No one can remain a minster without becoming a member of
either of the House of Commons or the House of Lords.

4. The ministers are individually responsible to the parliament (the House of Commons) for the
working of their respective departments.

5. The ministry is collectively responsible to the parliamentary(the House of Commons) for all its
policies.

6. The ministry remains in office only so long as it enjoys the confidence of the majority in the
House of Commons.
7. The House of Commons can remove the ministry by passing a vote of no confidence or by
rejecting any of its policies.

8. The Cabinet can get the parliament (H.O.C.) dissolve and seek a fresh mandate from the people.

9. The PM of England is the real and effective center of power in the British constitution.

10. All these features combine to give Britain a system of government which has come to be known
as the parliamentary form of government. It is also known as Westminster model.

Sovereign of the British Parliament

Sovereign of the parliament is a salient feature of the British political system. The British parliament,
which legally means the king-in-parliament, which in turn means the king, the House of Commons and
the House of Lords” is legally sovereign as it can make, amend or unmake any law on any subject. There
in no person or institution which can reject or over-ride the laws made by the parliament. Only the
parliament can make, amend or unmake any law made by the previous parliaments.

a. Meaning

Dicey has explained the meaning of the sovereignty of the parliament is very clear terms; “The principle
of parliamentary sovereignty means that parliamentary has, under the English constitution, the right to
make or unmake any law whatever and further that no person or body is recognized by the new of
England as having a right to override or set aside the legislation of parliament.

When we analyze Dicey’s statement, we find that it refers to three aspects of the sovereignty of the
British parliament.

1) The positive aspect of the sovereignty of British parliament. It means that the British parliament
(King-in-Parliament) can make or unmake any law on any subject. There is no written constitution and
hence there is no constitutional limitation on the scope of its law-making power. British is a unitary state
and hence all subjects are under the law-making jurisdiction of the parliament. The positive dimensions
of the sovereignty of parliament implies the power to amend or reject any law, any rule of common law,
to override any decision of the courts and to make any established convention illegal.

2) The negative aspect of the sovereignty of British parliament. The laws made by the parliament
cannot be rejected or revised or overruled by any person or institution. The British parliament has the
power to set aside or override any law or rule whatever, but no other institution has the power to limit
or reject the laws of the parliament. The negative aspect of the sovereignty of the parliament means
that no person or institution of British has the power to reject or set aside the laws made by the
parliament. There is neither any system of jurisdiction review nor of the King’s veto.

3) Constitutional aspect of the sovereignty of British parliament. The British parliament is both a
law-making body as well as a constituent assembly as it can make any law, ordinary or constitutional, by
a simple majority of votes. British has no written constitution. The parliament possesses unlimited
constitutional power. It is a both the constitution by any of its law. There is no difference between
ordinary laws and constitutional laws as both are passed by the parliament by a simple majority of votes
in its two houses. It can, by passing an ordinary law, abolish Monarchy, make its life permanent,
introduce communism in England, change the religion or the Church of England etc.

4) Thus, the sovereignty of the parliament is complete in its three dimensions: positive, negative
and constitutional. Parliament has jurisdiction over every person, every place and every subject. It has
the power to enact any law on any subject and that becomes binding and remains so till the time it
wishes to retain it. It has unlimited law-making and constitution amending powers.

b. Limitation of the sovereignty of the British parliament

The sovereignty of the parliament is a reality only from the legal point of view. Legally, it enjoys
unlimited powers but in reality, it is bound by several social and moral, and even some conventional and
practical limitations. Even Dicey admitted that there are several practical limitations, both internal and
external on the sovereignty of the parliament. In practice, the sovereignty is neither “transcendent nor
absolute’ and is exercised under several restraints. “It is supremacy; accept all scholars exercised in a
spirit of responsibility.

1) External and internal limitation on the sovereignty of the parliament. There are some internal
and external limitations on the sovereignty of British parliament. Internally, it is limited by the character
and views of the members of parliament whose personality is the product of the environment in which
they live and against which they can seldom act. Externally the parliament is limited by such factors as
public opinion, morality, mandates, international law etc.

2) Other limitations on the sovereignty of the British parliament

i. Traditions. The British parliament is a legislature constituted by the representatives of the

people who are known for their love for ancient traditions and customs. As such, it cannot violate or act
against the well-established traditions-social, political and cultural.

ii. Public opinion. Parliament has to exercise its powers in according with the demands and
dictates of public opinion. It has to show respect for public opinion which in the British society in
supreme and which ultimately controls all activities.

iii. Morality. Members of the British parliament, who are the law-makers can never go against the
conscience and the moral values of the society they belong to and represent.
iv. International law. Like all other civilized states, Britain also accepts and enforces rules of
international law, the rules which are backed by the common conscience of humankind. The British
parliament accepts and respects the restraints implied in international law.

v. Delegate legislation. Legally, delegated legislation is sub-ordinate legislation passed by the

executive under the law-making powers delegated to it by the parliament and can be set aside and over-
ridden by the latter. Yet in actual practice, the parliament has to accept what the executive makes. The
majority support that the cabinet enjoys makes it difficult for the parliament to set aside at least some
of the rules of delegated legislation.

vi. Mandates. The law-making in the parliament is really the work of the majority party because all
laws become so only when they are supported by a majority of votes in the two houses. The majority
party is bound by the mandate it secures from the people at the time of elections. It, therefore,
undertakes all legislative work in accordance with the letter and spirit of its mandate. A deviation
requires the seeking of a fresh mandate.

3) Thus, there are several practical limitations on the sovereignty of the British parliament. “What
the parliament passes as law has to be obeyed by its members also. Naturally, they do not make any
such law as may create problems for them.” It is a legal truth, but not an actual reality.

Monarchy of the United Kingdom

1. The monarchy of the United Kingdom (commonly referred to as the British monarchy) is the
constitutional monarchy of the United Kingdom and its overseas territories. The present monarch,
Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official,
ceremonial and representational duties. As a constitutional monarch, the Queen is limited to non-
partisan functions such as bestowing honours. Though the ultimate executive authority over the
government of the United Kingdom is still by and through the monarch's royal prerogative, in practice
these powers are only used according to laws enacted in Parliament or within the constraints of
convention and precedent.

2. The British monarchy traces its origins from the kings of the Angles and the early Scottish kings.
By the year 1000, the kingdoms of England and Scotland had resolved from the petty kingdoms of early
medieval Britain. The last Anglo-Saxon monarch (Harold II) was defeated and killed in the Norman
invasion of 1066 and the English monarchy passed to the Norman conquerors. In the thirteenth century,
the principality of Wales was absorbed by England, and Magna Carta began the process of reducing the
political powers of the monarch.

3. From 1603, when the Scottish king James VI inherited the English throne as James I, both
kingdoms were ruled by a single monarch. From 1649 to 1660, the tradition of monarchy was broken by
the republican Commonwealth of England that followed the War of the Three Kingdoms. In 1707, the
kingdoms of England and Scotland were merged to create the Kingdom of Great Britain and, in 1801, the
Kingdom of Ireland joined to create the United Kingdom of Great Britain and Ireland. The British
monarch became nominal head of the vast British Empire, which covered a quarter of the worldat its
greatest extent in 1921.

4. In 1922, two thirds of Ireland seceded from the Union as the Irish Free State, but in law the
monarch remained sovereign there until 1949. In 1931, the unitary British monarchy throughout the
empire was split into legally distinct crowns for each of the Commonwealth realms. After World War II,
former colonies and dominions became independent of Britain, bringing the British Empire to an end.
George VI and his successor, Elizabeth II, adopted the title Head of the Commonwealth as a symbol of
the free association of the independent countries comprising the Commonwealth of Nations.

5. At present, 15 other independent Commonwealth countries share with the United Kingdom the
same person as their monarch. As such, the terms British monarchy and British monarch are frequently
still employed in reference not only to the extranational person and institution shared amongst all 16 of
the realms, but also to the distinct monarchies within each of these countries, often at variance with the
different, specific, and official national titles and terms for each jurisdiction.

6. British monarchy is one of the oldest monarchies in the world which continues to survive till
today as a part of the British liberal democratic political system. This has been possible mainly because
of the transfer of all powers of the king to the Crown- the real executive in England.

7. The Crown is the institution to which has been transferred the authority that once belonged to
the king. The constitutional history of England is a story of the gradual transfer of the authority from the
king as a person to the Crown as an institution.

8. The distinctions between the king and the Crown

a) King is a person while the Crown is an institution.

b) King is a part of the Crown.

c) King as a person is mortal. He is subject to life and death. But the Crown as an institution is
immortal.

d) King is the head of the state, the nominal executive head of the state, while the Crown is the
real executive of England.

e) King is a nominal and constitutional ruler who reigns but does not rule, and who can do no
wrong because all his power and functions are in reality exercised by the ministers. The ministers
constitute the major part of the Crown while the king constitutes a minor part.

Constitutional role
1. In the uncodified Constitution of the United Kingdom, the Monarch (otherwise referred to as
The Sovereign, The Crown, or His or Her Majesty, abbreviated H.M.) is the ceremonial Head of State.
Oaths of allegiance are made to the Queen and her lawful successors. God Save the Queen (or God Save
the King) is the British national anthem, and the monarch appears on postage stamps, coins, and
banknotes.

2. The Monarch takes little direct part in Government. The decisions to exercise Sovereign powers
are entirely delegated from the Monarch, either by statute or by convention, to Ministers or officers of
the Crown, or other public bodies, exclusive of the Monarch personally. Thus the acts of state done in
the name of the Crown, such as Crown Appointments, and even if personally performed by the
Monarch, such as the Queen's Speech and the State Opening of Parliament, depend upon decisions
made elsewhere:

a) Legislative power is exercised by the Crown in Parliament, by and with the advice and consent of
Parliament, the House of Lords and the House of Commons.

b) Executive power is exercised by H.M. Government, which comprises Her Majesty's Ministers,
primarily the Prime Minister and the Cabinet. They have the direction of the Armed Forces of the Crown,
Her Majesty's Civil Service and other Crown Servants such as the Diplomatic and Secret Services.

c) Judicial power is vested in H.M. Judges, who by constitution and statute have judicial
independence of the Government .

d) The Church of England, of which the Monarch is the head, has its own legislative, judicial and
executive structures.

e) Powers independent of government are legally granted to other public bodies by statute or
statutory instrument such as an Order-in-Council, Royal Commission or otherwise.

f) Apart from members of parliament and local authorities, no public officers are elected.

3. As a constitutional monarch, the Sovereign's role is largely limited to non-partisan functions,

such as granting honours. This role has been recognised since the 19th century; the constitutional writer
Walter Bagehot identified the monarchy in 1867 as the "dignified part" rather than the "efficient part" of
government. Constitutionally, the Crown will act only upon the advice of H.M. Government; its practical
functions in that regard are only "to advise, to be consulted, and to warn".

4. The degree to which the Monarch in unusual circumstances can or should actually exercise
power is a matter of academic debate. Any exercise of the Monarch's discretion or reserve powers may
well cause some aggrieved party to claim a constitutional crisis. The most obvious case for exercising
powers without the Prime Minister's advice is when there is no Prime Minister or when he is subject to a
disqualifying conflict of interest, such as in advising upon his own office.

a) Appointment of the Prime Minister.

b) Dissolution of Parliament

c) Dismissal of Government

d) Royal Prerogative

Absolute monarchy

1. Absolute monarchy is a monarchical form of government where the monarch exercises ultimate
governing authority as head of state and head of government, thus wielding political power over the
sovereign state and its subject peoples. In an absolute monarchy, the transmission of power is two-fold,
hereditary and marital; as absolute governor, the monarch’s authority is not legally bound or restricted
by a constitution.

2. In theory, the absolute monarch exercises total power over the land and its subject peoples, yet
in practice the monarchy was counter-balanced by political groups from among the social classes and
castes of the realm: the aristocracy, clergy (see caesaropapism), bourgeoise, and proletarians.

3. Some monarchies have powerless or symbolic parliaments and other governmental bodies that
the monarch can alter or dissolve at will. Despite effectively being absolute monarchies, they are
technically constitutional monarchies due to the existence of a constitution and national canon of law.

Reasons behind the survival of monarchy in England

1. The people of England and most of the British constitutional experts do not subscribe to the
above view. They advocate strongly the case for the continuance of monarchy in England. They justify its
present status in the constitutional system on several grounds. It has become a part and parcel of British
democracy. The process by which this has been accomplished has made monarchy popular.
Consequently, monarchy continues to be at work within the democratic system. The Crown has become
stronger simultaneously with the strengthening of democracy. The arguments are as follow:

a) Practical argument in favour of monarchy.

b) Several useful functions performed by the monarch.

c) The king as the impartial umpire.

d) The monarch is a source of stability.

e) Monarch as the symbol of unity of the nation.

f) The monarch as the head of the commonwealth of nation.

g) The monarch as the head of the British social life.

h) The king is not a limitation on democracy.

i) Monarchy is backed by the public opinion.

j) Abolition of monarchy can create practical difficulties.

k) Monarchy is not expensive.

l) British psychology.

m) Continued popularities of the monarchy.

2. Monarchy has always tried to maintain its popularity by accepting changes. In 1998, Queen
Elizabeth herself proposed several changes in monarchy. She proposed that the first child of the king or
queen should ascend the throne and the eldest son alone should not be the heir. Further, that a king or
queen or the heir to the throne should have the right to marry a Catholic.

3. On the basis of the arguments given above, we can conclude that the continuance of monarchy
in England has been possible because of;

a) Historical support

b) Constitutional necessity

c) Popular support for this most ancient political institution

4. The conservative character of the British political culture and the psychological attachment of
the people to the royal family have together provided further strength to monarchy.

5. Consequently, the idea of abolishing monarchy has itself become obsolete and forgotten. Now
people fully accept and recognize monarchy as an inseparable part of their political system.

The House of Lords

1. The House of Lords (also known as House of Peers for ceremonial purposes) is the upper house,
but the Second chamber, of the Parliament of the United Kingdom and is also commonly referred to as
"the Lords".

2. Parliament comprises the Sovereign, the House of Commons (which is the lower house of
Parliament and referred to as "the Commons"), and the Lords. Membership of the House of Lords was
once a right of birth to hereditary peers, but following a series of reforms these now only form a portion
of the membership.

3. As of March 2010 the House of Lords has 733 members, 78 more than the 646-seat House of
Commons. The House of Lords, like the House of Commons, assembles in the Palace of Westminster.

4. The six main categories of the members of this houses are: Prince of the Royal blood; Hereditary
Peers; Peers of Scotland; Spiritual Peers; Law Lords; and Life Peers.

5. Powers and function of the House of Lords-

a) Legislative power-the House of Lords can delay a non-money bill for a maximum period of one
year. Only some non-controversial bills are, in practice, first introduced in the House of Lords. These
become laws only when passed by the House of Commons.

b) Financial power- the House of Lords has little financial power. Money Bills and Budget can be
introduced only in the House of Commons. Within 30 days, it has to return the Bill to the Commons with
or without amendments.

c) Executive Power- the House of Lords can merely influence the Cabinet by their speeches or by
putting questions and supplementary questions to the ministers. The House of Commons and not the
Lords can pass a vote of no-confidence against the Cabinet.

d) Judicial power- the House of Lords is the highest court of appeal and in this capacity enjoys the
status of being the Supreme Court of the UK. It hears appeals against the verdicts of the courts of the
land.

6. Position of Lords enjoys some real powers only in respect of judicial sphere. However here too
the judicial powers are exercised not by the whole of the Lords but by its 9 law Lords in the name of
House of Lords.

7. The Lord Chancellor is appointed by the Monarchy on the recommendation of the PM. He is the
member of the Cabinet. The holds office so long as the Cabinet continues to be in office.

8. Advantages of the House of Lords:

a) The House of Lords acts as revising house.

b) Even delay by the Lords is useful.

c) Reduces the work of the House of Commons.

d) A House of experience and talent

e) High quality of speeches.

f) Importance of the Lords as the highest court of appeals.

g) Helpful for British democracy.

h) Checks hasty and ill-considered legislation.

i) A way to honor the National talent.

j) Historical support for the Lords.

9. Weakness of the House of Lords:

a) Nominated and hereditary character.

b) A fortress of capitalists.

c) An unduly large membership.

d) Uninterested members.

e) A permanent strong-hold of the conservatives.

f) Reactionary House

g) Undemocratic and irresponsible House.

h) A delaying House.

i) A powerless House.

j) A harmful House.

The House of Common

1. The House of Commons has 646 members, who are elected from the same number of
constituencies by British subjects at least 18 years old. The maximum life of a Parliament is five years.

2. Elections are set by the prime minister on the basis of political necessity or advantage. If the
cabinet, formed by the leading party in Commons, loses a vote of confidence or fails to carry its
legislation in Commons, it must resign or request dissolution.

3. An election can be held in as short a time as three weeks. Because of the strict party discipline,
important decisions are often made not in Parliament, but beforehand in the less formal meetings of the
cabinet and party caucus.

4. Power of the House of Commons:

a) Legislative Power-the law making on all subjects and for all the places and people is the power
of the British Parliament. In actual practice, this power is mostly exercise by the House of Commons
because the House of Lords is a virtually powerless house.

b) Financial power- the Parliament is the custodian of the national purse. It passes the budget and
no tax can be levied and collected without its approval. In reality, these powers are totally in the hands
of the House of Commons.

c) Executive power- the executive i.e., the ministry is responsible before the House of Commons.
The ministers individually and the Cabinet collectively are responsible before the House of Commons.
The House of Commons has the right and responsibility to control the executive, enforce responsibility
and prevent it from becoming arbitrary.

d) Judicial functions- it can recommend the removal of any judge to the Monarch. It has power to
investigate and punish persons who are considered guilty of contempt of the House.

e) Constituent functions- the British parliament is both a legislature and a constituent assembly
rolled into one. It can pass a constitutional law in the same manner as an ordinary law. This power of
passing a constitutional law is really in the hands of the House of Commons.

5. Positions of the House of Commons is very powerful House. The Sovereign powers of the British
Parliament and the unitary form of government in Britain, the absence of the King’s veto and judicial
review, the weak position of the Lords, the parliamentary system which makes the Cabinet responsible
and accountable to the Commons.

Prime Minister of the United Kingdom

1. The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political
leader of the United Kingdom and the Head of Her Majesty's Government. The Prime Minister and
Cabinet (consisting of all the most senior ministers, who are government department heads) are
collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political
party, and ultimately to the electorate.

2. The current Prime Minister is Gordon Brown, leader of the Labour Party, who was appointed to
the office on 27 June 2007.

3. Powers and functions of the British PM:

a) Formation of Cabinet.

b) Distribution of Portfolios.

c) Removal of ministers

d) Function as Chairman of the Cabinet.

e) Function as Chief coordinator and General Manager of the state.

f) Chief advisor to the King.

g) Main channel of communication.

h) Dissolution of the Cabinet.

i) Functions as the leader of the Majority party.

j) Leader of the Parliament.

k) Power of dissolving the parliament

l) Appointment making powers of the PM

m) Power of conferring honors.

n) Role in national emergencies.

o) Role in international relations.

4. Position of the PM is not first among equals and not a dictator.

Salient features of the British Party System

1. A two party system- the Labour Party and the Conservative party are the two main parties each
of which has been, periodically, getting the opportunity to rule since 1923. It has been playing a
deterministic role in the successful operation of the British parliamentary system of government.

2. Moderate approach of the Political parties- the British political parties are, in general moderate
in approach. The Labour party has not been committed to socialism or the rule of the workers. Likewise
Conservative party is not really conservative; it is quite liberal in its policies. It is not opposed to change
and reforms tooth and nail.

3. Centralized party organization- each major party has a strong well knit organization right from
the bottom to the top, with the real power in the hands of the top level party organs. There is a direct
chain of connections and command relations between the Headquarters and the local units.

4. Organized opposition- the system of organized opposition, with ‘Shadow Cabinet’ as the
instrument of control over the policies of the government, is another important salient feature of the
British party system.

5. Continuity in operations- the British parties are continuously and actively involved in the
struggle of power. After one general election is over, they start preparing for the next. Any time can be
an election time.

6. The labor party and Conservative party- the labor party has been pursuing the ideology of
liberalism in both politics and economy. It now stands for liberalization, market economy and capitalism.
The Conservative party is, however, not dogmatic in its approach and ideology. It tries to be realistic and
empirical in actual practice. It accepts the concept of the welfare state and in not dogmatically attached
to capitalistic laises-faire. It is not always opposed to public ownership and control over industries.

Judicial System of UK

1. Britain has a long judicial history. Its legal system has been emulated throughout the world and
many of its key principles and rights are part of U.S. law. The principles derived from British law include
the right to trial by jury; the right to due process of law; freedom from unlawful imprisonment, called
the writ of habeas corpus; the trial system of prosecution and defense; and the presumption that a
person is innocent until proven guilty.

2. The judicial system has its roots in the Anglo-Saxon period, when the monarch established local
courts to provide justice for all subjects. Monarchs delegated the power to hear cases to royal justices,
who presided over courts in the monarch’s name. The British legal system relies on common law, which
is based on custom and on decisions in previous legal cases, called precedents. Common law originated
in the 12th century, growing out of the rules and traditions that ordinary people had worked out over
time. Through the centuries common law evolved as it incorporated legal decisions made in specific
cases, and it remains the basis of British law except when superseded by legislation. Unlike the United
States, Britain does not have a Supreme Court that reviews legislation to determine its constitutionality;
that responsibility falls to Parliament.

3. Those who practice law in Britain are divided into solicitors and barristers.

a) Solicitors perform the everyday work of the law, particularly legal matters that can be handled
solely with paperwork.

b) Barristers plead cases in court. In Scotland barristers are called advocates.

c) Solicitors engage barristers when they believe a client needs to go to court.

d) Eminent barristers and, since 1996, some solicitors, may become Queen’s Counselors, or QCs.
When they do it is said that they “take silk,’ because they switch from wearing cotton gowns to silk
gowns in court.

e) Barristers with long and distinguished careers may be chosen to become crown judges by the
lord chancellor, the head of the judicial system in England and Wales. Scotland and Northern Ireland
have their own legal systems.

4. Britain has several layers of courts and two kinds of legal proceedings, criminal and civil.

a) Criminal law is concerned with acts punishable by the state, such as murder.

b) Civil law involves disputes between private parties, either individuals, organizations, or
companies.

c) The final court of appeal for both civil and criminal cases is the House of Lords, where appeals
are heard by the law lords.

5. Criminal cases are handled in one of two ways. Petty offenses, such as simple theft or vandalism,
are brought before a local magistrate, or justice of the peace (JP). These unpaid magistrates are
appointed by the lord chancellor. They are members of the community who are assisted by legal
experts. The vast majority of criminal cases in Britain are minor enough to be handled by JPs. More
serious criminal offenses, such as murder, rape, and robbery, are sent to a Crown Court, where they are
tried before a High Court or a circuit judge and a jury of local citizens. The Crown Court also hears
appeals from the magistrate’s court. Convictions and sentences from the Crown Court may be taken to
the Court of Appeals for the Criminal Division. The final court of appeals is the House of Lords.

6. Civil cases are heard in county courts before a single judge. County courts hear cases dealing
with families, property, contracts, and torts (violations of a legal duty imposed by the state that cause
injury to an individual). Above the county courts is the High Court, which hears more complicated civil
cases. High Court cases are sent to one of three divisions: the Family Division, which handles complex
divorce cases, adoptions, and matters relating to children; the Chancery Division, which handles
business matters and estate cases; or the Queen’s Bench Division, which handles property matters and
torts, as well as maritime and commercial cases. Appeals are heard by the Court of Appeals for the Civil
Division, and ultimately by the House of Lords.

7. A more informal and less expensive alternative to civil and criminal courts is a tribunal, which
handles minor cases outside of the official court system. Tribunals are made up of lay people and are
regulated by the law. They settle disputes between private citizens, grievances between employers and
employees, and complaints between citizens and public authorities.

THE GOVERNMENT OF THE FRENCH REPUBLIC

1. The government of the French Republic is a semi-presidential system determined by the French
Constitution of the fifth Republic. The nation declares itself to be an "indivisible, secular, democratic,
and social Republic". The constitution provides for a separation of powers and proclaims France's
"attachment to the Rights of Man and the principles of national sovereignty as defined by the
Declaration of 1789."

2. The national government of France is divided into an executive, a legislative and a judicial
branch, much like that of the government of the United States. The President shares executive power
with his appointee, the Prime Minister. The cabinet globally, including the Prime Minister, can be
revoked by the National Assembly, the lower house of Parliament, through a "censure motion"; this
ensures that the Prime Minister is always supported by a majority of the house.

3. Parliament comprises the National Assembly and the Senate. It passes statutes and votes on the
budget; it controls the action of the executive through formal questioning on the floor of the houses of
Parliament and by establishing commissions of enquiry. The constitutionality of the statutes is checked
by the Constitutional Council, members of which are appointed by the President of the Republic, the
President of the National Assembly, and the President of the Senate. Former Presidents of the Republic
also are members of the Council.

4. The independent judiciary is based on a civil law system which evolved from the Napoleonic
codes. It is divided into the judicial branch (dealing with civil law and criminal law) and the
administrative branch (dealing with appeals against executive decisions), each with their own
independent supreme court of appeal: the Court of Cassation for the judicial courts and the Conseil
d'Etat for the administrative courts. The French government includes various bodies that check abuses
of power and independent agencies.
5. France is a unitary state. However, the administrative subdivisions—the régions, départements
and communes—have various legal functions, and the national government is prohibited from intruding
into their normal operations.

6. France was a founding member of the European Coal and Steel Community, later the European
Union. As such, France has transferred part of its sovereignty to European institutions, as provided by its
constitution. The French government therefore has to abide by European treaties, directives and
regulations.

Constitution

1. A popular referendum approved the constitution of the French Fifth Republic in 1958, greatly
strengthening the authority of the presidency and the executive with respect to Parliament.

2. The constitution does contain a bill of rights in itself, but its preamble mentions that France
should follow the principles of the Declaration of the Rights of Man and of the Citizen, as well as those of
the preamble to the constitution of the Fourth Republic.

3. This has been judged to imply that the principles laid forth in those texts have constitutional
value, and that legislation infringing on those principles should be found unconstitutional if a recourse is
filed before the Constitutional Council. Also, recents modifications of the Constitution has added a
reference in the preamble to an Environment charter that has full constitutional value, and a right for
citizens to contest the constitutionality of a statute before the Constitutional Council.

4. The foundational principles of the Constitution include: the equality of all citizens before law,
and the rejection of special class privileges such as those that existed prior to the French Revolution;
presumption of innocence; freedom of speech; freedom of opinion including freedom of religion; the
guarantee of property against arbitrary seizure; the accountability of government agents to the
citizenry.

Salient features of French constitution

1. Written, brief and enacted constitution- the constitution of the fifth republic is a written and
enacted constitution like the constitution of the United States of America. Initially it consisted of a
Preamble and 92 Articles. However, after Algerian independence and dropping of the provision
regarding French Community, the total number of Articles has come down to 89. These are divided
under XVII Titles (Chapters), is was made by the constituent assembly of France and was approved by
the people of France in a referendum.

2. Preamble to the constitution-

3. Popular sovereignty- like the constitutions of India and the US the French constitution affirms
belief in the sovereignty of the people.
4. Constitution is the supreme law- French constitution is the supreme law of the land. Every organ
of the government derives its powers from the constitution.

5. France is a secular state- French, like India is a secular polity. The motto of the republic is liberty,
equality and fraternity.

6. A rigid constitution- like US constitution, there are two limitation imposed on the amendment of
the French constitution. These are:

a) The amendment cannot be initiated at a time when the integrity of the nation is under attack.

b) The republic form of the constitution cannot be changed.

7. Republican constitution- Like US, the head of state is the President of France who directly
elected by the people of France.

8. Democratic constitution- the constitution of the fifth republic provides for a democratic state in
its true spirit. These democratic features are; popular sovereignty, universal adult franchise, periodic
and free election, right to form political associations, regular elections, direct election, secret voting,
representative responsible and accountable government.

9. Mixture of parliamentary and Presidential systems of government- the President is the head of
the state but he is neither a purely nominal head of the state like the Indian President nor an all
powerful executive like the US President. In France, executive powers have been divided between the
President and the Prime Minister. The President exercises some real executive powers. The President
has been made an arbiter between the parliament and the government (ministry). In times of
emergency, he becomes very powerful.

10. Bi-cameral parliament- the parliament is composed of the National assembly (lower, popular,
directly elected and more powerful House of the parliament) and the Senate ( Upper, less popular,
quasi-permanent, indirectly elected and less powerful House.

11. Rights of the French people- the right to vote and right to form political association.

12. Special institution for judicial review- under the constitution, a special institution has been
formed to determine the validity of laws and orders made by the parliament and the government.

13. Economic and social council- the members of this council can present their opinions on any bill
which is under discussion in the parliament.

14. Provisions regarding territorial units of French republic- the communes , the departments and
the overseas territories. These are self governing units and each has an elected council.

15. Provision regarding European communities and EU- France is a member of the EU and its three
communities and participates is the formulation and execution of the policies and decisions of these
communities and the union.
16. System of administration law and Administrative Courts- in France the civil servants are under
administrative law and can be sued only in administrative courts whereas ordinary citizens are under
ordinary laws and are sued in ordinary courts.

17. Unitary constitution- like Britain, France is also a unitary state. All powers of administration of
France have been vested in the central government which exercises them for all the people and over
whole of the French territory.

18. Multi-party system- the French have been given the constitutional right to form political
association.

Executive branch of France

1. France has a semi-presidential system of government. Thus, France has an executive branch
where power is divided between two officials: the President, who is the head of state, and the Prime
Minister, who is the head of government.

COUNCIL OF MINISTERS OF FRANCE

1. The constitution of the Fifth republic makes a distinction between the President and the
Government. The President is the head of the state with important and real executive powers. The
government, which means the Prime Minister and the Council of Ministers, has the responsibility to run
the administration of the state. Under the fourth republic, the council of ministers and the prime
minister were placed subordinate to the parliament but decidedly above the president of the republic,
who was merely a constitutional head. Under the fifth republic, a reverse course has been laid down its
position has been weakened in relation to the president. The latter has been given some real executive
powers. He presides over the meetings of the council of ministers. In other words the position of the
government has been strengthened vis-à-vis the parliament but it has been weakened vis-à-vis the
president.

2. Salient feature of fifth constitution:

a) Provision for securing stability of government- under the constitution, a serious attempt has
been made to eliminate or at least to minimize the evil of political instability. While no attempt has been
made to reduce or fix the number of political parties that can be organize, sufficient steps have been
taken to ensure the stability of government.

b) Mixture of Presidential and Parliamentary features-the parliamentary system of government

and the presidential system of government has been mixed. Like the presidential system the president
has been given real powers, a fixed tenure and an independence from parliamentary control. Like the
parliamentary system of government, the office of the PM and the Council of ministers have also been
established and the two have been made responsible to the parliament. The parliament can remove the
government by passing a vote of no-confidence. But the membership of the government has been
allowed to take part in the debates of the parliament.

c) Difference between the council of ministers and the Cabinet- the constitution makes a
difference between the council of ministers and the cabinet. Cabinet is a bigger body and council of
ministers is its parts

d) Process of organizing the government- the president of the republic appoints the PM. The other
members of the government are appointed by the President on the proposal of the PM>

e) Removal of the government- the president can remove the government only when the PM
submits his resignation or the resignation of the government to the president. The parliament too can
bring about the fall of the government by passing a vote of no-confidence or a censure motion or by
rejecting that measure of the government on the passing of which the PM has pledged the responsibility
of the government.

f) Tenure of the government- like any parliamentary system, the tenure of the government is not
fixed. The government remains in power so long as it enjoys the confidence of the national assembly.
However, the maximum period for which a government once constituted can remain in power is 5 years
because the tenure of the national assembly is 5 years and the constitution states that after every
general elections, the government is constituted afresh.

3. Power and function of the government-

a) Executive power- the government of France is the policy formulating body and it also directs the
implementation of the policies. Besides this supreme function, the administration of armed forces too
has been made the responsibility of the government.

b) Role of government in law-making-the ministers take an active part in the deliberations and can
initiate government Bills in the Parliament.

c) Financial powers- financial Bills are introduced by the government in the national assembly. In
this respect, a unique provision has been made in the constitution.

d) Delegated legislation powers- the government may seek the authorization of the parliament, for
a limited period of time, to issues ordinances regulating matters normally falling in the field of law
making.

e) the constitution of the fifth republic France, the position of the government has been
strengthened vis-à-vis the parliament but it has been weakened vis-à-vis the president.

Prime Minister of France

1. The Prime Minister of France in the Fifth Republic is the head of government and of the Council
of Ministers of France. The head of state is the President of the French Republic. During the Second,
Third and Fourth Republics, the Head of Government was called President of the Council of Ministers,
generally shortened to President of the Council .

2. The prime minister is named by the President of the Republic. Because the National Assembly
can, by a vote of censure, force the resignation of the government, the choice of prime minister must
reflect the majority in the Assembly. The situation where the president and the prime minister are from
opposing parties is called cohabitation.

3. Prime ministers are normally chosen from amongst the ranks of the National Assembly.
However, on rare occasions, the prime minister is a non-officeholder selected by the President of France
because of bureaucratic experience, foreign service, or success in business management. Dominique de
Villepin, for example, served as prime minister from 2005 to 2007 without ever having held elected
office.

4. Powers of the French PM:

a) He is, in general in charge of the work of the government.

b) He directs the operation of the government.

c) He is responsible for national defense.

d) He ensures the execution of law.

e) He exercises the rule-making power and makes appointments to civil and military posts subjects
to the exception of Article 13.

f) He can delegate certain of his powers to the ministers.

g) At times, he deputizes for the President of the republic as the chairman of the council of
committees.

h) Under normal circumstances the President of the French republic presides over the meetings of
the council of ministers but under exceptional circumstances, the PM can deputies for the President as
the chairman of the council of ministers by virtues of a specific delegation of authority and for a specific
agenda.

i) Position- the PM of France, occupies an important position in the French constitutional system.
His position comes next to the President of the republic. He takes a leading part in the working of the
French government.

The President of the French Republic

1. The President of the French Republic colloquially referred to in English as the President of
France, is France's elected Head of State.Four of France's five republics have had presidents as their
heads of state, making the French presidency the oldest presidency in Europe still to exist in some form.

2. In each of the republics' constitutions, the president's powers, functions and duties, and their
relation with French governments differed.For details about the French system of government see
Government of France.The president of France is also the ex officio Co-Prince of Andorra, Grand Master
of the Légion d'honneur and the Ordre national du Mérite and honorary proto-canon of the Basilica of
St. John Lateran in Rome.

3. The current President of the Republic is Nicolas Sarkozy, from 16 May 2007.

4. Position, power and function of President of French Republic-

a) The French Fifth Republic is a semi-presidential system. Unlike many other European presidents,
the office of the French President is quite powerful. Although it is the Prime Minister of France and
parliament that oversee much of the nation's actual lawmaking, the French President wields significant
influence. The president holds the nation's most senior office, and outranks all other politicians.

b) The president's greatest power is his or her ability to choose the Prime Minister. However, since
only the French National Assembly has the power to dismiss the Prime Minister's government, the
president is forced to name a prime minister who can command the support of a majority in the
assembly.

• When the majority of the Assembly has opposite political views to that of the president, this
leads to political cohabitation. In that case, the president's power is diminished, since much of the de
facto power relies on a supportive prime minister and National Assembly, and is not directly attributed
to the post of president.

• When the majority of the Assembly sides with him, the President can take a more active role
and may, in effect, direct government policy. The prime minister is then the personal choice of the
President, and can be easily replaced if the administration becomes unpopular. This device has been
used in recent years by both Francois Mitterrand and Jacques Chirac.

c) Since 2002, the mandate of the president and the Assembly are both 5 years and the two
elections are close to each other. Therefore, the likelihood of a "cohabitation" is lower. Among the
powers of the president:

i. The president promulgates laws.

1. The president has a very limited form of suspensive veto: when presented with a law, he or she
can request another reading of it by Parliament, but only once per law.
2. The president may also refer the law for review to the Constitutional Council prior to
promulgation.

ii. The president may dissolve the French National Assembly

iii. The president may refer treaties or certain types of laws to popular referendum, within certain
conditions, among them the agreement of the Prime minister or the parliament.

iv. The president is the Commander-in-Chief (CINC) of the armies.

v. The president may order the use of nuclear weapons.

vi. The president names the Prime minister but he cannot dismiss him. He names and dismisses the
other ministers, with the agreement of the Prime minister.

vii. The president names most officials (with the assent of the cabinet).

viii. The president names certain members of the Constitutional Council.

ix. The president receives foreign ambassadors.

x. The president may grant a pardon (but not an amnesty) to convicted criminals; the president
can also lessen or suppress criminal sentences. This was of crucial importance when France still
operated the death penalty: criminals sentenced to death would generally request that the president
commute their sentence to life imprisonment.

xi. All decisions of the president must be countersigned by the Prime minister, except dissolving
the French National Assembly.

Legislative branch of France

1. The Parliament of France, making up the legislative branch, consists of two houses: the National
Assembly and the Senate; the Assembly is the pre-eminent body.

2. Parliament meets for one 9-month session each year: under special circumstances the president
can call an additional session. Although parliamentary powers have diminished from those existing
under the Fourth Republic, the National Assembly can still cause a government to fall if an absolute
majority of the total Assembly membership votes to censure. It has never happened since the
establishment of the Fifth Republic in 1958.

3. The cabinet has a strong influence in shaping the agenda of Parliament. The government also
can link its term to a legislative text which it proposes, and unless a motion of censure is introduced
(within 24 hours after the proposal) and passed (within 48 hours of introduction - thus full procedures
last at most 72 hours), the text is considered adopted without a vote.

4. Members of Parliament enjoy parliamentary immunity. Both assemblies have committees that
write reports on a variety of topics. If necessary, they can establish parliamentary enquiry commissions
with broad investigative power.

National Assembly

1. The National Assembly is the principal legislative body. Its 577 deputies are directly elected for
5-year terms in local majority votes, and all seats are voted on in each election.

2. The National Assembly may force the resignation of the executive cabinet by voting a motion of
censure. For this reason, the prime minister and his cabinet are necessarily from the dominant party or
coalition in the assembly.

3. In the case of a president and assembly from opposing parties, this leads to the situation known
as cohabitation. While motions of censure are periodically proposed by the opposition following
government actions that it deems highly inappropriate, they are purely rhetorical; party discipline
ensures that, throughout a parliamentary term, the government is never overthrown by the Assembly.

Senate

1. Senators are chosen by an electoral college of about 145,000 local elected officials for 6-year
terms, and one half of the Senate is renewed every 3 years. Before the law of 30 July 2004, senators
were elected for 9 years, renewed by thirds every 3 years.

2. There are currently 321 senators, but there will be 346 in 2010; 304 represent the metropolitan
and overseas départements, five the other dependencies and 12 the French established abroad.

3. The Senate's legislative powers are limited; on most matters of legislation, the National
Assembly has the last word in the event of a disagreement between the two houses.

4. Since the beginning of the Fifth Republic, the Senate has always had a right-wing majority. This is
mostly due to the over-representation of small villages compared to big cities. This, and the indirect
mode of election, prompted socialist Lionel Jospin, who was prime minister at the time, to declare the
Senate an "anomaly".

Legislation adoption procedures

1. Statute legislation may be proposed by the government (council of ministers), or by members of
Parliament. In the first case, it is a projet de loi; in the latter case, a proposition de loi.

2. All projets de loi must undergo compulsory advisory review by the Conseil d'État before being
submitted to parliament. Since 2009, the bill submitted to Parliament must also come with a study of
the possible impact of the law: other possible options, interactions with European law, economical,
social, financial and environmental consequences.

3. Propositions de loi cannot increase the financial load of the state without providing for funding.

4. Projets de loi start in the house the government chooses (except in some narrow cases),
propositions de loi start in the house where they originated. After the house has amended and voted on
the text, it is sent to the other house, which can also amend it. If the houses do not choose to adopt the
text in identical terms, it is sent before a commission made of equal numbers of members of both
houses, which tries to harmonize the text. If it does not manage to do so, the National Assembly can
vote the text and have the final say on it (except for laws related to the organization of the Senate).

5. The law is then sent to the President of France for signature. At this point, the President of
France, the speaker of either house or a delegation of 60 deputies or 60 senators can ask for the text to
undergo constitutional review before being put into force; it is then sent before the Constitutional
Council.

6. The President can also, only once per law and with the countersigning of the Prime minister,
send the law back to parliament for another review. Otherwise, the President must sign the law. After
being countersigned by the Prime minister and the concerned ministers, it is then sent to the Journal
Officiel for publication.

Judicial Branch of France

1. French law provides for a separate judicial branch with an independent judiciary which does not
answer to or is directly controlled by the other two branches of government. France has a civil law legal
system, the basis of which is codified law; however, case law plays a significant role in the determination
of the courts. The most distinctive feature of the French judicial system is that it is divided into judicial
and administrative streams.

Judicial courts

1. The judicial stream of courts adjudicates civil and criminal cases. The judicial court stream
consists of inferior courts, intermediate appellate courts, and the French Supreme Court.

2. Judges are government employees but are granted special statutory protection from the
executive. Judges have security of tenure and may not be promoted (or demoted) without their consent.
Their careers are overseen by the Judicial Council of France.
3. The public prosecutors, on the other hand, takes order from the Minister of Justice. In the past,
this has bred suspiscion of undue political pressure to dismiss suits or claims against government
officials charged with corruption, and the status of public prosecutors and their ties to government are
frequently topics of debate.

4. Trial by jury is available only for severe criminal cases ,which are the jurisdiction of the Courts of
Assizes. A full Court is made up of a 3-judge panel and a petty jury of 9 jurors (vs. 12 jurors on appeal),
who, together, render verdicts, and if a conviction is handed down, also determine a sentence. Jurors
are selected at random from eligible voters.

5. In most other courts, judges are professional, except that the criminal court for minors is
composed of one professional and two lay judges. Also, several specialty courts of original jurisdiction
are sat by judges who are elected into office. For instance, labor tribunals are staffed with an equal
number of magistrates from employers' unions and employees' unions. The same applies to land estate
tribunals.

6. Pre-trial proceedings are inquisitorial by nature, but open court proceedings are adversarial. The
burden of proof in criminal proceedings is on the prosecution, and the accused is constitutionally
presumed innocent until proven guilty.

Administrative courts

1. Courts of administrative law adjudicate on claims and suits against government offices and
agencies. The administrative stream is made up of administrative courts, courts of administrative
appeal, and the Council of State as the court of last resort.

2. The Council of State hears cases against executive branch decisions and has the power to quash
or set aside executive-issued statutory instruments such as orders and regulations when they violate
constitutional law, enacted legislation, or codified law.

3. Court proceedings mostly involve written hearings and are inquisitorial, with judges having the
parties submit written testimony or arguments.

4. Any jurisdictional dispute between the judicial and administrative streams are settled by a
special court called Tribunal des conflits, or "Court of Jurisdictional Dispute", composed of an equal
number of Supreme Court justices and councillors of State.

Constitutional Council
1. Neither judicial nor administrative courts are empowered to rule on the constitutionality of acts
of Parliament. While technically not part of the judicial branch, the Constitutional Council examines
legislation and decides whether or not it violates the Constitution or France's international treaties.

2. This applies, prior to their enactment, to all forms of organic laws, but only by referral from the
French President, President of the Senate, President of the National Assembly, the Prime Minister, or
any of the 60 senators or 60 assembly members of the other types of laws. After their enactment, laws
can all be reviewed by referral from the highest administrative court, the Conseil d'Etat, or by the
highest judicial court, the Cour de Cassation.

3. The Constitutional Council may declare acts to be unconstitutional, even if they contradict the
principles of the 1789 Declaration of the Rights of Man and of the Citizen (cited in the Preamble of the
Constitution) or the European Convention on Human Rights (accepted by treaty).

4. Council members to the Constitutional Council are appointed for nine years (three every three
years); three are appointed by the President, three by the President of the National Assembly, and three
by the President of the Senate.

Financial courts

1. France's main Court of Audit (Cour des Comptes) and regional audit courts audit government
finances, public institutions (including other courts), and public entities. The court publishes an annual
report and can refer criminal matters to public prosecutors. It can also directly fine public accountants
for mishandling funds, and refer civil servants who misused funds to the Court of Financial and
Budgetary Discipline.

2. The main and regional audit courts do not judge the accountants of private organizations.
However, in some circumstances, they may audit their accounting, especially when an organization has
been awarded a government contract over a public utility or a service requiring the permanent use of
the public domain or if an organization is a bidder on a government contract. The Court is often
solicitated by various state agencies, parlementary commissions, and public regulators, but it can also
petitioned to act by any French citizen or organization operating in France.

3. The Court's finances are overseen by financial commissions of the two Houses of the French
Parliament which also set the Court's working budget in the annual Act of finances.

Salient features of the French Party system

1. Multi-party system- like India, in France also, a multi-party system is in operation. There are as
many as six major political parties and a number of small political parties.
2. constitutional recognition to the role of the parties.

3. the practice of parliamentary groups.

4. existence of regional parties

5. political defections and frequent changes.

6. leftist and rightist parties.

7. organizational diversity.

8. domination of the party leader

SWITZERLAND FEDERAL REPUBLIC

1. Switzerland is a federal republic governed under a constitution adopted in 1874 and amended
many times since. The Swiss political system combines direct and indirect democracy with the principle
of federalism, in which sub national units of government are granted wide powers. Sovereign power
rests with the people, who elect representatives and also legislate directly by means of referendums. In
federal elections, all citizens aged 18 or older are eligible to vote.

2. Under Switzerland’s system of federalism, the cantons and half-cantons exercise all the powers
of government, except those delegated exclusively to the federal government. These include the power
to declare war and make peace, to conclude treaties and alliances, to train, equip, and direct the armed
forces, and to regulate foreign trade.

3. Both the federal government and the subnational units (cantons and communes) have the
power to levy taxes. The federal government also regulates roads, railroads, and communications;
hydroelectric power; higher education; and labor. The cantons have freedom in a wide range of policy
areas and a high degree of administrative autonomy.

4. The referendum is an important instrument of direct democracy in Switzerland. A constitutional

amendment may be initiated by a petition of 100,000 voters and must be ratified by referendum. A
petition of 50,000 voters or eight cantons can force a referendum on proposed laws.

5. Referendums have decided many significant issues in Switzerland. These include creating the
canton of Jura in 1979; rejecting restrictions on abortion and some forms of contraception in 1985;
tightening constraints on immigration and political asylum in 1987; making racial discrimination, racist
propaganda, and denial of the German Nazi Holocaust illegal in 1994; and defeating a proposal to
abolish the military in 2001.

6. In 2002 Swiss voters approved a referendum supporting Swiss membership in the United
Nations. Referendums have also been central to extending rights to women. A referendum in 1971
granted women the right to vote in federal elections (a right eventually extended in all the cantons by
1990), and an equal rights amendment to the constitution was approved by referendum in 1981. A 1985
referendum granted women legal equality with men in marriage.

Federal Constitution

1. The Federal Constitution of 18 April 1999 is the third and current federal constitution of
Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons (states), contains
a catalogue of individual and popular rights (including the right to call for popular referendums on
federal laws and constitutional amendments), delineates the responsibilities of the cantons and the
Confederation and establishes the federal authorities of government.

2. Constitution was adopted by popular vote on 18 April 1999. It replaced the prior federal
constitution of 1874, which it was intended to bring up to date without changing it in substance.

Salient features of Swiss constitution

1. Written and enacted constitution- the Swiss constitution is a written and enacted constitution. It
was drafted by a committee of the Swiss parliament in 1848 and was approved by the parliament, the
Cantons and the people of Swiss. It was totally revised in 1874.

2. A Rigid constitution- the process of amendment is specific and complicated. The proposals for a
total or partial amendment of the constitution can come either from the Swiss federal assembly or
through an initiative sponsored by 1,00,000 voters.

3. A Republic constitution- ever since 1291, Switzerland has been a Republic. It is now headed by a
seven member plural executive whose members are elected by the Swiss federal assembly. All political
institutions in Switzerland are elected institutions. The people elect their rulers and they directly
participate in the law making through the devices of referendum and initiative. The constitution also
provides for republicanism in the cantons.

4. Direct democracy- since 1848 Switzerland has been working as a direct democracy working
through such modern devices of direct legislation as referendum and initiative. Under the system of
referendum, the people have the right to approve or disapprove of laws or constitutional amendments
passed by their legislature. Measures put to referendum become operational only when these secure
majority of votes. In case of constitutional amendments , holding of referendum is compulsory but in
case of ordinary legislation it is optional i.e., it is held only if 50,000 Swiss voters make a demand for
referendum. Under the system of initiative 50,000 Swiss voters can initiative any proposal for
constitutional amendment, which gets incorporated in the constitution when the majority of Swiss
voters and cantons approve it in a referendum.

5. Confederation in name, a federation in reality- the federal character of the Swiss constitution is
reflected by its following features:

a) Non-sovereign of Cantons.

b) Swiss constitution enjoys a position of supremacy.

c) A written and rigid constitution effecting a division of powers between the Swiss federal
government and the Cantons.

d) The divisions of powers in the Swiss constitution follow the pattern of the US federation. The
powers of the federation and the concurrent powers of the federation and the cantons have been laid
down in the constitution, and the residuary powers have been left with the cantons.

e) The federal government has been given powers in respect of subjects of national importance
and the cantons have retained powers in respect of local and regional subjects.

f) The cantons have been given equality of representation in the Upper House of the Swiss federal
assembly- the council of states. Each full canton, whether big or small sends two and half-canton sends
one representative to the council of states.

g) The cantons have their separate constitutions.

h) The Swiss federal tribunal is an independent judiciary with the power of judicial review over the
legislation passed by cantonal legislatures.

6. Mixture of parliamentary and presidential forms-there is close relationship between the Swiss
federal assembly and the Swiss executive.

7. Plural/Collegial executive- all executive powers of the federation are exercised by a seven-
member federal council. All the seven members collectively exercise power. Every year, one of its seven
members is elected as the president and another as the vice-president. Next year, vice-president
becomes the president and a new member is elected as the vice-president.

8. Bicameral legislature- its two houses are: the National Council and the Council of states. Both
the Houses have equal in all sphere.
9. Lack of a formal Bill of Rights- The rights have been provided with judicial protection. The
federal tribunal (Swiss supreme court) has been given the power to protect the rights as well as the
power of judicial review over cantonal legislation.

10. Lack of a really independent and powerful judiciary- the Swiss federal tribunal is the supreme
court of Switzerland but it enjoys a secondary position in the constitutional system.

11. No judicial review over federal laws- the Swiss federal tribunal has been given the power of
judicial review only in respect of the laws made by the cantonal legislatures.

12. Conventions of the Swiss constitution-the history of the evolution of the Swiss constitutional
system since 1848, have produced several constitutional conventions which are regulating the behavior
of almost all the political institutions.

13. Dual citizenship-

14. Provision regarding language- a multilingual state.

15. Absence of a regular national army- it is not essential for Swiss to have a regular army. The
troops of all the cantons constitute the army of Swiss, which can be used by the central government in
an emergency. Each citizen, has to undergo compulsory military training and to keep weapons.

16. Permanently neutralized state- Swiss has taken upon itself the decision that it shall not join any
war and it shall not join any military alliance.

Federal administration of Switzerland

1. The federal administration of Switzerland is the ensemble of agencies that constitute, together
with the Swiss Federal Council, the executive branch of the Swiss federal authorities. The administration
is charged with executing federal law and preparing draft laws and policy for the Federal Council and the
Federal Assembly.

2. The administration consists of seven federal departments and the Federal Chancellery. The
departments are roughly equivalent to the ministries of other states, but their scope is generally
broader. Each department consists of several federal offices, which are headed by a director, and of
other agencies. The much smaller Federal Chancellery, headed by the Federal Chancellor, operates as an
eighth department in most respects.

Executive power in Switzerland

1. Executive power in Switzerland is vested in the Bundesrat, or Federal Council. The Bundesrat is
composed of seven members who are elected to four-year terms by a joint session of the parliament.
Bundesrat members are elected from among members of the parliament and are responsible to that
body. All major political parties are represented on the council, and no two members of the Bundesrat
may come from the same canton. The Bundesrat enforces existing laws and drafts new legislation,
conducts foreign affairs, and authorizes the mobilization of troops.

2. The legislature elects a president and a vice president from among the council members to a
single one-year term. The president presides over meetings of the Bundesrat, but otherwise holds a
largely symbolic position. Each of the seven council members heads one of the federal ministries. These
are the ministries of economy, foreign affairs, transportation and power, interior, finance, defense, and
justice and police.

Legislative power in Switzerland

1. The Swiss parliament, called the Federal Assembly, consists of two houses. The Ständerat, or
Council of States, the upper house, has 46 members (two for each full canton and one for each half-
canton), each elected for varying periods at the discretion of the canton. The Nationalrat, or National
Council, the lower house, has 200 members elected for four-year terms under a system of proportional
representation. Seats in the National Council are allocated to cantons in proportion to population size,
with each canton receiving a minimum of one seat.

Judiciary power in Switzerland

1. The Federal Tribunal, located in Lausanne, is the highest court of appeal in the land. It has final
jurisdiction in suits between the cantonal and federal governments, corporations and individuals, and
between cantons. The court is composed of 30 judges who are appointed to six-year terms by the
Federal Assembly. It has original jurisdiction only in cases involving offenses against the confederation,
and—unlike the United States Supreme Court—it may not review the constitutionality of federal laws.
There are no lower federal courts in Switzerland. Capital punishment was abolished for civilians in 1942
and for wartime offenses in 1991.

2. Each canton has its own autonomous system of justice, including civil and criminal courts and a
court of appeals. Cantonal courts are responsible for interpreting federal law as it pertains to local
matters. The cantonal judiciary is composed of two or three levels of courts, depending on the size of
the canton. A single national code for criminal, civil, and commercial law was introduced in 1942.

Federal Council
1. The administration in its entirety is directed by the Swiss Federal Council, and the Federal
Council and the administration are subject to parliamentary oversight by the Federal Assembly. Each
member of the Federal Council is also, in his or her individual capacity, the head of one of the seven
departments.

2. The Federal Council has the sole authority to decide on the size and composition of the
departments, and to make all executive decisions that are not delegated by law to an individual
department, or to the Chancellery. The Council also decides which department its members are
appointed to lead, although it is customary that Councillors choose their preferred department in order
of seniority.

3. The absence of hierarchic leadership within the Council has caused the departments to acquire a
very considerable autonomy, to the extent that the federal executive has been characterised as "seven
co-existing departmental governments."

Power and position of Federal Council

1. Executive power-

a) The president of the federal council acts as the head of the state and performs all ceremonial
functions.

b) The constitution describes the federal council as “ the supreme directing and executive
authority of the union.” It as such exercise executive and administrative functions in respect of the
federal subjects.

c) Conducting the affairs of the confederation.

d) Due observance of the constitution, the laws and decrees of the confederation and federal
treaties.

e) To maintain peace and order.

f) To conduct the foreign relation.

g) To enforce the laws and decisions of the federal assembly.

h) It executive the decisions of the federal tribunal and arbitrates awards in disputes among
Cantons.

2. Legislative Powers

a) The federal councilors, though not member of the federal assembly, take full and active part in
the deliberations and debates in both the houses.
b) In the federal assembly, most of the measures for law making nearly 95%, are initiated and
piloted by the federal council.

c) To draft bills on the basis of the demands which come to it through the postulates and motions
adopted by the federal assembly.

d) Enforcing laws.

e) Runs the financial administration of the state in according with the budget and fiscal policies as
approved by the federal assembly.

f) The federal council prepares the budget and submits it to the federal assembly for discussion
and approval.

g) The federal council is responsible to the federal assembly for all it works.

3. Judicial powers-the federal tribunal, as the highest court of the land, has the power to hear and
decide appeals against the decisions of the federal council.

4. Position of the federal council is a unique institution which exercises executive, legislative,
financial and judicial powers in the Swiss constitutional system.

GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

1. All power within the government of the People's Republic of China is divided among three
bodies: the Communist Party of China, the state, and the People's Liberation Army (PLA). This article is
concerned with the formal structure of the state, its departments and their responsibilities. Most, but
not all, positions of significant power in the state structure and in the army are occupied by members of
the Communist Party of China which is controlled by the Politburo Standing Committee of the
Communist Party of China, a group of 4 to 9 people, usually all older men, who make all decisions of
national significance. As the role of the Army is to enforce these decisions in times of crisis, support of
the PLA is important.

2. The primary organs of state power are the National People's Congress (NPC), the President, and
the State Council. Members of the State Council include the Premier, a variable number of vice premiers
(now four), five state councilors (protocol equal of vice premiers but with narrower portfolios), and 29
ministers and heads of State Council commissions. During the 1980s there was an attempt made to
separate party and state functions, with the party deciding general policy and the state carrying it out.
The attempt was abandoned in the 1990s with the result that the political leadership within the state
are also the leaders of the party, thereby creating a single centralized focus of power.
3. At the same time there has been a move for having party and state offices be separated at levels
other than the central government. It is unheard of for a sub-national executive to also be party
secretary. This frequently causes conflict between the chief executive and the party secretary, and this
conflict is widely seen as intentional to prevent either from becoming too powerful. Some special cases
are the Special Administrative Regions of Hong Kong and Macau where the Mainland Chinese national
laws do not apply at all and the autonomous regions where, following Soviet practice, the chief
executive is typically a member of the local ethnic group while the party general secretary is non-local
and usually Han Chinese.

4. Under the Constitution of the People's Republic of China, the NPC is the highest organ of state
power in China. It meets annually for about two weeks to review and approve major new policy
directions, laws, the budget, and major personnel changes. Most national legislation in the PRC is
adopted by the Standing Committee of the National People's Congress. Most initiatives are presented to
the NPCSC for consideration by the State Council after previous endorsement by the Communist Party's
Politburo Standing Committee. Although the NPC generally approves State Council policy and personnel
recommendations, the NPC and its standing committee has increasingly asserted its role as the national
legislature and has been able to force revisions in some laws. For example, the State Council and the
Party have been unable to secure passage of a fuel tax to finance the construction of freeways.

PRC constitution

1. The PRC Constitution was first created on September 20, 1954. Before that, an interim
Constitution-like document created by the Chinese People's Political Consultative Conference was in
force.

2. The 2nd and 3rd promulgations of the PRC Constitution took place against the backdrop of the
Cultural Revolution. The 2nd promulgation in 1975 shortened the Constitution to just about 30 articles,
and contained Communist slogans and revolutionary language throughout. The role of courts was
slashed, and the Presidency was gone. The 3rd promulgation in 1978 expanded the number of articles,
but was still under the influence of the just-gone-by Cultural Revolution.

3. The current Constitution is the PRC's 4th promulgation. On December 4, 1982, it was
promulgated and has served as a stable Constitution for over 20 years. The role of the Presidency and
the courts were normalized, and under the Constitution, all citizens were equal. Amendments were
made in 1988, 1993, 1999, and most recently, in 2004, which recognised private property, safeguarded
human rights, and further promoted the non-public sector of the economy.

Feature of Chinese Constitution

1. Continued faith in Marxism-Leninism-Maoism but with a new approach.

2. Preamble of 1982 constitution- the transition of Chinese society from a new democratic to a
socialist society was effected step by step. The socialist transformation of the private ownership of the
means of production was completed, the system of exploitation of man by man was eliminated and the
socialist system established.”

3. Socialist constitution- it aims at further development of the socialist system. Now being defined
as Market socialism.

4. Faith in Panchshilla and opposition to imperialism- China stands for an independent foreign
policy based on mutual respect for territorial integrity, mutual non-aggression, non-interference in each
other’s internal affairs, equality and mutual benefit, and peaceful coexistence through developing
diplomatic relations and economic and cultural exchanges.

5. Written and enacted constitution- it was drafted by the national constitution revision
committee, discussed by the standing committee and the people at large and passed by the national
people’s congress on 4th Dec 1982. Unlike it predecessors, the 1982 constitution is quite comprehensive
and contains 138 Articles.

6. Difficult method of amendment- the national people’s congress has the power to amend it by a
majority of 2/3rd votes.

7. Constitution as the supreme law- It is the fundamental law of the state and has supreme legal
authority.

8. Separation between the government and the party- the constitution of communist party should
be in according with the constitution and law.

9. Restoration of the republican character of the state- restores the office of the president of the
people’s republic of China and provides for his election by the national people’s congress for a term of 5
years.

10. Faith in the Sovereignty of the popular will- the constitution represents the sovereign will of the
people.

11. Fundamental rights and duties of the people of China- emphasis on the rights, freedom and
duties of the people of China.

12. China is a unitary state- Despite being a big and multi-cultural society, the Chinese have decided
to keep the state a unitary state.

13. National people’s congress- a unicameral legislature working as the highest organ of state
power.
14. A sort of parliament system- the cabinet is however, called the state council and the PM is called
the Premier. It is the real executive of the state. The Premier is chosen by the national people’s congress
upon the nomination made by the President of the republic. All other member of the state council are
appointed by the national people’s congress upon nominations recommendation by the Premier. Since
the state council is the most powerful organ of the government, the top leaders of the communist party
are its members.

15. Provision for the institutions of local government- the administration of China, which is a unitary
state stands into several provinces and municipalities, cities, districts, sub-division etc.

16. General principle of governance – China as a socialist state under people’s democratic
dictatorship led by the working class and based on the alliance of workers and peasants.

17. Provision regarding economic policies- the constitution reaffirms faith in socialist economy but
tacitly the emergence of a private sector working within the socialist system.

18. China as a multi-national state- the constitution declares that the people’s republic of China is a
simple multi-national state.

The National People’s congress and its standing Committee(Legislative)

1. Members of the National People’s Congress are chosen for five-year terms in indirect elections
by the provincial congresses. Typically, the provincial congresses select those delegates recommended
by the CCP. The size of the NPC is determined by law and has ranged from about 3,000 to about 3,500
members. Its size is too large—and its once-a-year sessions too short (typically less than a month)—for
the NPC to conduct much debate over the legislation that it passes, the government reports it approves,
or the official appointments and removals it makes.

2. When the NPC is not in session, a Standing Committee of about 150 members elected from the
NPC membership acts in its place. The Standing Committee represents the congress in a variety of
functions, including passing laws, interpreting and supervising implementation of the constitution, and
ratifying or nullifying treaties with foreign governments.

Position, Power and Function National People’s Congress

1. Legislative power- the constitution places all law-making powers in the National people’s
congress and its standing committee. Being a unicameral legislature of a unitary state, the Chinese
National People’s Congress can make laws on all subjects either by itself or as suggested by the Standing
Committee.
2. Amendment powers- the National People’s Congress has the power to amend the constitution.
An amendment to the constitution can be proposed either by the standing committee or by at least
1/5th of the deputies of the NPC. For incorporating an amendment, NPC has to pass the proposal by a
2/3rd majority of all the deputies.

3. Electoral function- President, vice-president, the premier of the state council (PM) etc.

4. Power of removal

5. Power to create provinces

6. Power to make war and peace

7. Financial and planning functions

8. Power to establish several commissions and committees

9. Power to enforce the responsibility of the state council

10. Other Powers- The NPC enjoys a free hand in exercising power even in respect of matters not
specifically given to it by the constitution.

11. Position of the NPC as the highest organ of state power. It is the supreme law-making agency,
electoral agency, supreme decision-approving body of the constitutional system.

Power of The Standing Committee of the NPC

1. Standing committee and law-making

2. The power of the NPC to change the laws of the NPC

3. Appointment making or electoral functions of standing committees

4. Power to guide the foreign relations of China

5. Power to grant ranks and titles

6. Power to grant pardons

7. Supervisory powers

8. Power to review decisions, rules and orders

9. Power relating to the implementation of the constitution and the laws

10. Role in respect of development plans.

11. Position of the standing committee of the NPC is a powerful body. It virtually exercises all the
function of the NPC. It plays a leading role in the working of the NPC.
The President, the State Council and the Premier of China (Executive)

1. The head of state in China is the president, who is elected to a five-year term by the National
People’s Congress. The presidency is largely a ceremonial office. Executive powers rest with the State
Council, which is headed by the premier. The premier is nominated by the president and elected by the
NPC to a five-year term. The State Council includes about 40 heads of ministries and national-level
commissions who are nominated by the premier and elected by the NPC to five-year terms. In general,
however, the NPC elects candidates based on the wishes of the CCP.

2. Because the CCP wields so much control, the person with the greatest real power over China’s
government is the party’s general secretary. The second most powerful person is the premier. The level
of authority that an office commands relates very much to the personality of the individual holding the
office. Often, although not necessarily, the CCP general secretary is also the state president, combining
in one person the ceremonial prestige of the head of state and the policy-making powers of the head of
the ruling party.

Position, Power and function of the State Council

1. The state council adopts administrative measures, enacts administrative rules and regulation
and issues decisions and orders in according with the constitution and the laws.

2. Takes policy decisions according to the constitution and issues orders for their implementation.

3. Formulates and submits various proposal for law-making to the NPC and when the NPC is not in
session, to the standing committee.

4. Allocates tasks and responsibilities to the ministries and commissions.

5. It exercises unified leadership over the work of the local organs of the state administration at
different levels throughout the country.

6. Can change or reject inappropriate orders, directives and regulations issued by ministers,
commission and local organs of state administration at different level.

7. It approve the geographical divisions of provinces, autonomous region and municipalities

directly under the control the central government.

8. Conducts foreign affairs, formulation the foreign policy of China and negotiates and concludes
treaties with the foreign countries.

9. It protect the legitimate rights and interests of the Chinese national living abroad.
10. Declare Martial law in the country does not belong to the state Council.

11. Draws up the national plans for socio-economic development.

12. Examines and decide on the size of the administrative organ and in according with the law,
appoints removes and trains administrative officers.

13. Looks after public security and judicial administration.

14. The constitution declares that the NPC or its standing committee may assign to the state council
such other functions or powers as may be deemed necessary and expedient.

15. Position as the executive body of the highest organ of the state power. The state council
occupies a pivotal position in the Chinese constitutional system.

Judiciary of China

1. Prime Minister or Premier in government, the highest ranking minister and in practice often the
chief executive, even though a nation's constitution might provide for a king (monarchy) or a president
(republic) as head of state. In most instances the prime minister is the chief formulator of governmental
policy. The office of prime minister is particularly associated with the parliamentary system of
government, and it is commonly held by the leader of the majority party or of a coalition of political
parties. He or she is assisted by a cabinet and is responsible to the legislature. The legislature either
elects or approves the prime minister and, when a majority of its members oppose government policies,
may force him or her out of office.

2. In Canada the designation prime minister has traditionally been reserved for the leader of the
Canadian government, and the term premier has been used to describe a leader of one of the ten
provincial governments. The leader of the Québec Province government is called prime minister,
however, as was the Ontario leader until 1972. In France today the powers of the premier are secondary
to those of the president of the republic. In Germany the prime minister is known as chancellor. In the
United States the office of president is a combination of prime minister and head of state.

3. The Chinese legal system has four components: a court system; a public security administration,
or police component; an office of the procurator, or public prosecutor; and a system of prisons and labor
camps. The highest court is the Supreme People’s Court, which supervises the administration of justice
by the various lower levels of people’s courts. The Supreme People’s Court does not have the power of
constitutional supervision. That power is vested in the Standing Committee of the National People’s
Congress. Lower courts, public prosecutors, and public security offices exist at the provincial, county,
and municipal levels. In addition, public security offices function at the neighborhood level. China also
has begun to cultivate a cadre of public and private lawyers, who numbered only about 5,000 in 1980
but have since increased to more than 100,000.In theory, judges are appointed by and are accountable
to their corresponding level of people’s congress. In actuality, however, judges are chosen by CCP
personnel departments and are supervised by the party and the Ministry of Justice.
4. The procurators and courts function in close coordination with the police and other
administrative agencies. Nonetheless, they are supposed to perform their functions independently, and
citizens are bringing economic and other disputes to court more frequently. The CCP often acts as an
informal mediator between aggrieved parties. This type of paralegal mediation has influenced
resolutions of neighborhood disputes, divorces, family arguments, and minor thefts. The criminal
procedure code guarantees the right to a defense, but the defense is often just a formality or an
argument by the defense counsel for a lighter sentence. Under a system of reeducation through labor,
Chinese law permits the police and other administrative authorities to impose up to three years of
detention without trial.

5. Some political trials are highly publicized; among the most prominent of these was the trial of
the Gang of Four (1980-1981), who were convicted of crimes committed during the Cultural Revolution.
Political trials of dissidents such as Wei Jingsheng, who was tried in both 1979 and 1994 for pro-
democracy activities, are closed to all but selected viewers.

Political Parties of China

1. According to the country’s 1982 constitution, China is a socialist dictatorship of the proletariat
(working class) led by the Chinese Communist Party (CCP) in a united front with other parties. In
practice, the CCP fully orchestrates national political activity because party members hold the most
powerful government offices. Under the united front policy, the CCP permits several minor political
parties to operate in China. These parties draw their members mainly from cultural, educational, and
scientific circles. No truly independent political parties exist. The CCP supervises organizations serving
the constituencies of youth, women, and labor.

2. The most important of association is the Communist Youth League, which had about 70 million
members in the early 21st century. This organization plays a major role in recruiting young people who
wish to prepare for CCP membership, which may begin at age 18. Since the reforms of the late 1970s,
the party has permitted the formation of hundreds of new associations, but all are sponsored officially
or unofficially by a government or party organ. The organization and functions of the CCP are set forth in
the party constitution; the current party constitution was approved in 1997 at the 15th National Party
Congress.

3. The National Party Congress is the highest organ of the CCP, but in general, it convenes only
once every few years. When the party congress is not in session, the Central Committee, a smaller organ
that is elected by the full congress, serves as the party’s highest body. The Central Committee in turn
elects two even smaller working groups: the Politburo and the Standing Committee of the Politburo, the
latter containing the most influential party members. The Central Committee also elects the party
general secretary. The outcomes of these elections are predetermined by negotiations among party
leaders. When the CCP held its first National Party Congress in 1921, it had only 57 members.
4. By 1956 membership had grown to 10 million, and by the early 21st century there were about
60 million members, making the CCP the world’s largest Communist party. Party members are found in
all walks of life, but most hold positions of influence in the government, in government-run educational
and cultural institutions, or in the economy. Since reforms began in 1978, the CCP has tried to recruit
members who are younger, more educated, and more technically skilled than in the past. Important CCP
slogans include “building socialism with Chinese characteristics” and “holding high the banner of Deng
Xiaoping theory,” referring to the economic principles of China’s former leader Deng Xiaoping. The CCP
is concerned with maintaining political stability through a combination of patriotic indoctrination and
police control. The party’s economic priorities include increasing China’s economic strength through a
market economy that is closely guided by the government, and reforming inefficient state-run
enterprises by giving them managerial autonomy and allowing many to become privately owned.