Parliamentary and Presidential Democracies Reconsidered
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Parliamentary, Presidential and Semi-Presidential Democracies Democracies Are Often Classified According to the Form of Government That They Have
Parliamentary, Presidential and Semi-Presidential Democracies Democracies are often classified according to the form of government that they have: • Parliamentary • Presidential • Semi-Presidential Legislative responsibility refers to a situation in which a legislative majority has the constitutional power to remove a government from office without cause. A vote of confidence is initiated by the government { the government must resign if it fails to obtain a legislative majority. A vote of no confidence is initiated by the legislature { the government must resign if it fails to obtain a legislative majority. A constructive vote of no confidence must indicate who will replace the government if the incumbent loses a vote of no confidence. A vote of no confidence is initiated by the legislature { the government must resign if it fails to obtain a legislative majority. A constructive vote of no confidence must indicate who will replace the government if the incumbent loses a vote of no confidence. A vote of confidence is initiated by the government { the government must resign if it fails to obtain a legislative majority. The defining feature of presidential democracies is that they do not have legislative responsibility. • US Government Shutdown, click here In contrast, parliamentary and semi-presidential democracies both have legislative responsibility. • PM Question Time (UK), click here In addition to legislative responsibility, semi-presidential democracies also have a head of state who is popularly elected for a fixed term. A head of state is popularly elected if she is elected through a process where voters either (i) cast a ballot directly for a candidate or (ii) they cast ballots to elect an electoral college, whose sole purpose is to elect the head of state. -
Managing Meritocracy in Clientelistic Democracies∗
Managing Meritocracy in Clientelistic Democracies∗ Sarah Brierleyy Washington University in St Louis May 8, 2018 Abstract Competitive recruitment for certain public-sector positions can co-exist with partisan hiring for others. Menial positions are valuable for sustaining party machines. Manipulating profes- sional positions, on the other hand, can undermine the functioning of the state. Accordingly, politicians will interfere in hiring partisans to menial position but select professional bureau- crats on meritocratic criteria. I test my argument using novel bureaucrat-level data from Ghana (N=18,778) and leverage an exogenous change in the governing party to investigate hiring pat- terns. The results suggest that partisan bias is confined to menial jobs. The findings shed light on the mixed findings regarding the effect of electoral competition on patronage; competition may dissuade politicians from interfering in hiring to top-rank positions while encouraging them to recruit partisans to lower-ranked positions [123 words]. ∗I thank Brian Crisp, Stefano Fiorin, Barbara Geddes, Mai Hassan, George Ofosu, Dan Posner, Margit Tavits, Mike Thies and Daniel Triesman, as well as participants at the African Studies Association Annual Conference (2017) for their comments. I also thank Gangyi Sun for excellent research assistance. yAssistant Professor, Department of Political Science, Washington University in St. Louis. Email: [email protected]. 1 Whether civil servants are hired by merit or on partisan criteria has broad implications for state capacity and the overall health of democracy (O’Dwyer, 2006; Grzymala-Busse, 2007; Geddes, 1994). When politicians exchange jobs with partisans, then these jobs may not be essential to the running of the state. -
Zeynep Koçak-Şimşek* This Article
M ARSILIUS OF P ADUA : T HE S OCIAL C ONTRACTARIAN Zeynep Koçak - Şimşek * This article aims to demonstrate that Marsilius of Padua' s Defensor Pacis (1324) encompasses the basics of the social contract theory. Marsilius arrives at the social contractarian theory drawing upon both his past and present political engagements, and the theoretical legal - political debates of his time. He reconciles his back ground in the city - state of Padua, which struggled with the Holy Roman Empire to keep its autonomous legal order of republican liberties, with his political tendency to and his engagement with the i mperial order. Yet, in constructing his political thought, he benefits immensely from the legal and political debates that had been going on since the beginning of the 10th century with the emergence of the Bologna law school, as well as the revival of both Aristotelian scholarship and Ulpian ' s contribution to th e Digest. All of this had a decisive impact on the scope of the debates. The legal debates sought the legitimate origin of the Holy Roman Emperor ' s sovereignty . H owever, by breaking sovereignty into parts as executive power and legislative power, Azo Portius introduced the possibility of the separation of powers into the debate. Armed with his engagement with the Aristotelian ' doctrine of the wisdom of the multitude ' and the renaissance of the Codex, Marsilius was able to further what Azo had dismantle d by shifting the power that underlay the sovereignty from a bundle of legislative and executive powers to merely legislative ones. Through a convention that he derived from l ex r egia, he constituted the first version of the social contract . -
Will the Real Lawmakers Please Stand Up: Congressional Standing in Instances of Presidential Nonenforcement
PICKETT (DO NOT DELETE) 2/17/2016 12:23 PM Copyright 2016 by Bethany R. Pickett Printed in U.S.A. Vol. 110, No. 2 Notes and Comments WILL THE REAL LAWMAKERS PLEASE STAND UP: CONGRESSIONAL STANDING IN INSTANCES OF PRESIDENTIAL NONENFORCEMENT Bethany R. Pickett ABSTRACT—The Take Care Clause obligates the President to enforce the law. Yet increasingly, presidents use nonenforcement to unilaterally waive legislative provisions to serve their executive policy goals. In doing so, the President’s inaction takes the practical form of a congressional repeal—a task that is solely reserved for Congress under the Constitution. Presidential nonenforcement therefore usurps Congress’s unique responsibility in setting the national policy agenda. This Note addresses whether Congress has standing to sue in instances of presidential nonenforcement to realign and reaffirm Congress’s unique legislative role. In answering this question, this Note examines legislative standing precedent and argues that the Supreme Court’s reasoning supports a finding of congressional institutional standing. This Note further contends that it is normatively preferable for the judiciary to police the boundaries of each branch of government in instances of executive nonenforcement and apply the Constitution’s mandate that the President take care that the laws be faithfully executed. This maintains separation of powers and prevents one branch from unconstitutionally aggregating the power of another. AUTHOR—J.D. Candidate, Northwestern University School of Law, 2016; B.A., magna cum laude, The King’s College, 2012. Thank you to everyone on the Northwestern University Law Review who provided substantial feedback and improved this Note immeasurably. I am also overwhelmingly grateful to my family who has encouraged me in everything, and has been patient with me despite my work over countless holidays. -
THE LEGISLATOR and HIS ENVIRONMENT Edwaiw A
Congressional Investigations: THE LEGISLATOR AND HIS ENVIRONMENT EDwAIW A. SHILst ONGRESSIONAL investigating committees have brought about valuable reforms in American life. They have performed services which no other branch of the government and no private body could have accomplished. They have also-like any useful institution- been guilty of abuses. Like many institutional abuses, these have been products of the accentuation of certain features which have frequently contributed to the effectiveness of the investigative committee. In the following essay, we shall not concern ourselves with the description of these abuses, nor with the ways in which certain valuable practices, when pushed to an extreme, have become abuses. These abuses have included intrusions in spheres beyond the committees' terms of reference, excessive clamor for publicity, intemperate disrespect for the rights of witnesses, indiscriminate pursuit of evidence, sponsorship of injudicious and light- hearted accusations, disregard for the requirements of decorum in gov- ernmental institutions, and the use of incompetent and unscrupulous field investigators.* Here we shall take as our task the exploration of fac- tors which may assist in understanding some of these peculiarities and excesses of congressional investigations. In the view here taken these excesses arise out of the conditions of life of the American legislator: the American constitutional system itself, the vicissitudes of the political career in America, the status of the politi- cian, the American social structure and a variety of other factors. This analysis does not claim to be a complete picture of the social pattern of the American legislator; it is not intended to be an exhaustive analysis. -
7972-1 Comparative Political Institutions (Clark)
COMPARATIVE POLITICAL INSTITUTIONS Political Science 7972 Prof Wm A Clark Thursdays 9:00-12:00 213 Stubbs Hall 210 Stubbs Hall [email protected] Fall 2013 COURSE DESCRIPTION This course is dedicated to the comparative analysis of political institutions, which in comparative politics are viewed as either formal rules or organizations. The primary orientation of the course material lies in state governmental institutions, although some social institutions will also be examined. The course focuses on what has come to be called the "new institutionalism," which adopts a more decidedly structural or state-centric approach to politics. It emphasizes the relative autonomy of political institutions, and thus seeks to present a counterweight to the predominant view of politics as merely a reflection of the aggregation of individual preferences and behaviors. If it can be argued that individuals and institutions impact each other, the new institutionalism focuses primary attention on how relatively autonomous political institutions (i.e., rules and organizations) affect individual political behavior. COURSE REQUIREMENTS Each student’s semester grade will be determined on the basis of four tasks, detailed below. [1] Research paper: weighted at 35% of the course grade. This paper is to be modeled on a typical conference paper. The paper should focus on the downstream consequence(s) of a national or sub-national institutional variable; that is, it should adopt an institutional factor (or factors) as the independent variable(s). It should focus on any country other than the USA, and may adopt any traditional form of institutional analysis. It must be fully cited and written to professional standards. -
National Security in Divided Government Executive Summary • Divided Government Is the Norm in Recent History, Not the Exception
Maj. Gen. Arnold L. Punaro, USMC (Ret.) Former Staff Director, Senate Armed Services Committee National Security in Divided Government Executive Summary • Divided government is the norm in recent history, not the exception. In the last 54 years, 34 years had at least one of the three bodies (president, House, Senate) led by the opposite party. • Regardless of unified or divided government, the president still signed both a defense authorization bill and an appropriations bill that funded defense and intelligence activities into law each year. In all years, the defense committees operated in the main in their traditional bipartisan fashion. It should be recognized that a president can veto something out of a bill but hardly ever can veto something into a bill. • The automatic sequester cuts are still in effect for FY20 and FY21 on defense and domestic discretionary spending. This unfortunately provides a strong default position for those who do not want to reach another bipartisan spending compromise. • The deficits, interest on the debt, the apparent failure to spend domestic discretionary appropriated at the agreed levels, and the Freedom Caucus’s cure of their deficit spending amnesia will add to the degree of difficulty in reaching a bipartisan budget compromise. • With history as a guide, the Democratic majority in the House will likely set a lower defense topline than requested; curtail nuclear weapons programs; push social and environmental issues; fence troubled programs; provide generous pay, benefits, and pro-family programs; challenge any major organizational proposals; constrain ongoing operations while requiring real-time operational updates; and pursue arms control restrictions. -
Theory of Separation of Powers
THEORY OF SEPARATION OF POWERS Introduction The three organs of the government—Legislature, Executive and Judiciary— perform the three essential functions of law-making, law-application and law- adjudication. This threefold division of governmental functions is universally accepted as the best way of organizing the government. These three functions are inter-related and inter-dependent. But these are performed by three different organs. The separation of powers is a model for the governance of a state. Under this model, the state is divided into three branches of legislature, executive, and judiciary, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with other branches. It can be contrasted with the fusion of powers in parliamentary systems where the executive and legislature are unified. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. History Aristotle first mentioned the idea of a "mixed government" or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic, the Roman Senate, Consuls and the Assemblies showed an example of a mixed government according to Polybius. John Calvin (1509–1564) favoured a system of government that divided political power between democracy and aristocracy (mixed government). In order to reduce the danger of misuse of political power, Calvin suggested setting up of several political institutions which should complement and control each other in a system of checks and balances. -
Federalism, Bicameralism, and Institutional Change: General Trends and One Case-Study*
brazilianpoliticalsciencereview ARTICLE Federalism, Bicameralism, and Institutional Change: General Trends and One Case-study* Marta Arretche University of São Paulo (USP), Brazil The article distinguishes federal states from bicameralism and mechanisms of territorial representation in order to examine the association of each with institutional change in 32 countries by using constitutional amendments as a proxy. It reveals that bicameralism tends to be a better predictor of constitutional stability than federalism. All of the bicameral cases that are associated with high rates of constitutional amendment are also federal states, including Brazil, India, Austria, and Malaysia. In order to explore the mechanisms explaining this unexpected outcome, the article also examines the voting behavior of Brazilian senators constitutional amendments proposals (CAPs). It shows that the Brazilian Senate is a partisan Chamber. The article concludes that regional influence over institutional change can be substantially reduced, even under symmetrical bicameralism in which the Senate acts as a second veto arena, when party discipline prevails over the cohesion of regional representation. Keywords: Federalism; Bicameralism; Senate; Institutional change; Brazil. well-established proposition in the institutional literature argues that federal Astates tend to take a slow reform path. Among other typical federal institutions, the second legislative body (the Senate) common to federal systems (Lijphart 1999; Stepan * The Fundação de Amparo à Pesquisa no Estado -
Brazil: Background and U.S. Relations
Brazil: Background and U.S. Relations Updated July 6, 2020 Congressional Research Service https://crsreports.congress.gov R46236 SUMMARY R46236 Brazil: Background and U.S. Relations July 6, 2020 Occupying almost half of South America, Brazil is the fifth-largest and fifth-most-populous country in the world. Given its size and tremendous natural resources, Brazil has long had the Peter J. Meyer potential to become a world power and periodically has been the focal point of U.S. policy in Specialist in Latin Latin America. Brazil’s rise to prominence has been hindered, however, by uneven economic American Affairs performance and political instability. After a period of strong economic growth and increased international influence during the first decade of the 21st century, Brazil has struggled with a series of domestic crises in recent years. Since 2014, the country has experienced a deep recession, record-high homicide rate, and massive corruption scandal. Those combined crises contributed to the controversial impeachment and removal from office of President Dilma Rousseff (2011-2016). They also discredited much of Brazil’s political class, paving the way for right-wing populist Jair Bolsonaro to win the presidency in October 2018. Since taking office in January 2019, President Jair Bolsonaro has begun to implement economic and regulatory reforms favored by international investors and Brazilian businesses and has proposed hard-line security policies intended to reduce crime and violence. Rather than building a broad-based coalition to advance his agenda, however, Bolsonaro has sought to keep the electorate polarized and his political base mobilized by taking socially conservative stands on cultural issues and verbally attacking perceived enemies, such as the press, nongovernmental organizations, and other branches of government. -
Legislatures and Citizens Communication Between Representatives and Their Constituents by Karl T
Legislatures and Citizens Communication Between Representatives and Their Constituents by Karl T. Kurtz Director, Trust for Representative Democracy, NCSL December 1997 Table of Contents Acknowledgements Representative Democracy Why is This Important to Democracy? Defining Constituents Looking Ahead Summary Guide to Legislator/Constituent Communication Methods of Communication Newsletters Media Releases Public Meetings Many-To-Many Communication Types of Constituent Contacts Constituent Service-Problem Solving Community Projects Policy Issues Affecting the Constituency Variables That Affect Constituent Interaction Type of Legislature Electoral Systems Political Parties Professionalism Resources Political Culture Strategies Conclusion Bibliography Acknowledgements This paper is funded in part by a subcontract to the National Conference of State Legislatures from a contract by the United States Agency for International Development to the State University of New York Office of International Programs. It was prepared under the direction of Pat Isman of the United States Agency for International Development and John Johnson of the State University of New York Office of International Programs. They both contributed thoughtful and insightful comments that improved the paper. p 1 of 24 Anders Johnsson of the International Parliamentary Union and Diana Reynolds of the Commonwealth Parliamentary Association contributed useful bibliographic citations and leads to elusive information on the nuts and bolts of legislatures around the world. Susan Benda of the National Democratic Institute for International Affairs, Kathy Brennan-Wiggins and Bruce Feustel of the National Conference of State Legislatures, Sam Fitch of the University of Colorado, Malcolm Jewell of Connecticut, Phillip Laundy of Canada, Gary Moncrief of Boise State University, and John Turcotte of the Florida Legislature read a draft of the paper and provided useful ideas and suggestions. -
The Role of Parliaments in the Semi-Presidential Systems: the Case of the Federal Assembly of Russia a Thesis Submitted to Th
THE ROLE OF PARLIAMENTS IN THE SEMI-PRESIDENTIAL SYSTEMS: THE CASE OF THE FEDERAL ASSEMBLY OF RUSSIA A THESIS SUBMITTED TO THE GRADUATE SCHOOL OF SOCIAL SCIENCES OF MIDDLE EAST TECHNICAL UNIVERSITY BY RABĠA ARABACI KARĠMAN IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SCIENCE IN THE DEPARTMENT OF EURASIAN STUDIES OCTOBER 2019 DEDICATIONTASLAK I hereby declare that all information in this document has been obtained and presented in accordance with academic rules and ethical conduct. I also declare that, as required by these rules and conduct, I have fully cited and referenced all material and results that are not original to this work. Name, Last name : Rabia Arabacı Kariman Signature : iii ABSTRACT THE ROLE OF PARLIAMENTS IN THE SEMI-PRESIDENTIAL SYSTEMS: THE CASE OF THE FEDERAL ASSEMBLY OF RUSSIA Arabacı Kariman, Rabia M.Sc., Department of Eurasian Studies Supervisor: Assoc. Prof. Dr. IĢık KuĢçu Bonnenfant October 2019, 196 pages The purpose of this thesis is to scrutinize the role and status of the Federal Assembly of Russia within the context of theTASLAK semi-presidential system in the Russian Federation. Parliaments as a body incorporating the representative and legislative functions of the state are of critical importance to the development and stability of democracy in a working constitutional system. Since the legislative power cannot be thought separate from the political system in which it works, semi-presidentialism practices of Russia with its opportunities and deadlocks will be vital to understand the role of parliamentary power in Russia. The analysis of the the relationship among the constitutional bodies as stipulated by the first post-Soviet Constitution in 1993 will contribute to our understanding of the development of democracy in the Russian Federation.