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Eddie J. GIRDNEREddie J. GIRDNER

CHAPTER CHAPTER TWELVETWELVE

PPRESIDENTIALRESIDENTIAL AND AND PARLIAMENTARY PARLIAMENTARY

SYSTEMSSYSTEMS

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The 3 Branches of The 3 Branches of GovernmentGovernment

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The Separation of PowersThe Separation of Powers Refers to «the granting of powers to each of the three Refers to «the granting of powers to each of the three

branches or organs of any government, the branches or organs of any government, the executiveexecutive, the , the legislativelegislative, and the , and the judicialjudicial organs organs by a [written or unwritten] constitution.»by a [written or unwritten] constitution.»

It divides the functions of government so that power It divides the functions of government so that power is not concentrated in the same hands and each is not concentrated in the same hands and each branch of government has the power to independently branch of government has the power to independently ««check and balancecheck and balance» the powers of the others.» the powers of the others.

It is a device that can be used to avoid «It is a device that can be used to avoid «tyrannytyranny» » whether by an oppressive dictator, or by the masses.whether by an oppressive dictator, or by the masses.

In practice it does not necessarily guarantee freedoms In practice it does not necessarily guarantee freedoms and democracy, and powers are not always clearly and democracy, and powers are not always clearly separated.separated.

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Presidential and Parliamentary Presidential and Parliamentary Systems (1)Systems (1)

The 2 basic systems of government in liberal democracies, The 2 basic systems of government in liberal democracies, presidential and parliamentary systems, can be presidential and parliamentary systems, can be distinguished, perhaps most importantly, according to the distinguished, perhaps most importantly, according to the relationship that exists between the different branches of relationship that exists between the different branches of government.government.

In presidential systems there is In presidential systems there is separation of power separation of power between executive & legislative branches which are elected between executive & legislative branches which are elected separately. If one party controls the presidency & another separately. If one party controls the presidency & another the legislature it can cause «immobilism» or «gridlock» the legislature it can cause «immobilism» or «gridlock» problems.problems.

In parliamentary systems there is In parliamentary systems there is fusion of power fusion of power between between executive and legislative branches. The chief executive or executive and legislative branches. The chief executive or prime minister prime minister (& typically ministers) is a member of the (& typically ministers) is a member of the legislature, normally leading the party with most seats. S/helegislature, normally leading the party with most seats. S/he normally get the laws s/he wants passed with greater ease normally get the laws s/he wants passed with greater ease as s/heas s/he has backing of a majority of legislators. has backing of a majority of legislators.

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Further differences between presidential and Further differences between presidential and parliamentary systems include the feature parliamentary systems include the feature that in presidential systems the head of that in presidential systems the head of government is normally also government is normally also head of state head of state symbolizing the unity of the country and symbolizing the unity of the country and representing the state abroad. This makes the representing the state abroad. This makes the presidency an especially powerful position.presidency an especially powerful position.

In parliamentary systems, however, the head In parliamentary systems, however, the head of state is a position held by a person different of state is a position held by a person different to the head of government. The head of state to the head of government. The head of state may be elected (directly by the people or else may be elected (directly by the people or else by legislatures) or may be a monarch.by legislatures) or may be a monarch.

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The The term of office term of office for the chief executive for the chief executive (president) in a presidential system is fixed. (president) in a presidential system is fixed. Except under very exceptional circumstances s/he Except under very exceptional circumstances s/he remains in office until the his/her term has ended remains in office until the his/her term has ended (often 4 years, sometimes more). Then there must (often 4 years, sometimes more). Then there must be a new election to choose a new head of be a new election to choose a new head of government / state.government / state.

In parliamentary systems the prime minister’s In parliamentary systems the prime minister’s term of office is typically much less stable. Legally term of office is typically much less stable. Legally s/he might serve for a fixed term (often 5 years) s/he might serve for a fixed term (often 5 years) before having to face a new election, but if s/he before having to face a new election, but if s/he loses the confidence of a majority in parliament loses the confidence of a majority in parliament (often the case with coalition governments) new (often the case with coalition governments) new elections must be held.elections must be held.

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In presidential systems the president is not a In presidential systems the president is not a member of the legislature and nor are his/her member of the legislature and nor are his/her cabinet ministers. In fact, they may have cabinet ministers. In fact, they may have limited political experience or attachment to limited political experience or attachment to political parties. (Someone from the legislature political parties. (Someone from the legislature might be appointed as a minister, but must might be appointed as a minister, but must then resign from the legislature).then resign from the legislature).

In parliamentary systems, the key cabinet In parliamentary systems, the key cabinet ministers are typically leading figures from ministers are typically leading figures from parliament who belong to the prime minister’s parliament who belong to the prime minister’s political party. They continue to be both political party. They continue to be both members of the legislature and of the members of the legislature and of the executive.executive.

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In presidential systems there’s little regular mechanism In presidential systems there’s little regular mechanism for the executive to be questioned by the legislature. In for the executive to be questioned by the legislature. In parliamentary systems, however, the opposition normally parliamentary systems, however, the opposition normally has the right to regularly question the executive, (i.e. the has the right to regularly question the executive, (i.e. the prime minister and ministers) in parliament, known as prime minister and ministers) in parliament, known as the «the «question periodquestion period» or «question time».» or «question time».

CoalitionCoalition governments are formed by 2 or more political governments are formed by 2 or more political parties, ministers typically included from all coalition parties, ministers typically included from all coalition partners. Conflicts are more likley in such governments, partners. Conflicts are more likley in such governments, leading to breakdown of the coalition & new elections. leading to breakdown of the coalition & new elections. The chief executive in a presidentail system is usually the The chief executive in a presidentail system is usually the candidate of one party &/or has gained a majority of candidate of one party &/or has gained a majority of votes & can not (normally) be removed by the votes & can not (normally) be removed by the legislature, so governments in presidential systems tend legislature, so governments in presidential systems tend to be more stable.to be more stable.

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In Presidential systems both the legislature In Presidential systems both the legislature and the president are normally elected by and the president are normally elected by the people. In parliamentary sytems, the people. In parliamentary sytems, however, the people do not typically elect however, the people do not typically elect the chief executive (prime minister) or the chief executive (prime minister) or ministers. Instead, they elect the members ministers. Instead, they elect the members of the legislature who (depending on which of the legislature who (depending on which party wins how many seats) then party wins how many seats) then choose/approve the new prime minister choose/approve the new prime minister and ministers. In the first system, then, the and ministers. In the first system, then, the method of choosing the chief executive is method of choosing the chief executive is much more direct.much more direct.

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* See http://www.dsusd.k12.ca.us/users/kevin.husen/AmericanGov/Book/iText/products/0-13-251359-5/ch1/ch1_s2_4.html10


In the presidential system In the presidential system party discipline party discipline is is usually weaker, so even if the president is the usually weaker, so even if the president is the leader of the biggest political party, it doesn’t leader of the biggest political party, it doesn’t mean s/he can guarantee that the majority in mean s/he can guarantee that the majority in the legislature will support him/her to pass the the legislature will support him/her to pass the laws s/he wants. Passing legislation can be laws s/he wants. Passing legislation can be especially difficult because of the separation of especially difficult because of the separation of powers. powers.

In parliamentary systems, however, checks In parliamentary systems, however, checks and balances don’t exist on the power of and balances don’t exist on the power of government, which is itself typically the government, which is itself typically the dominating part of parliament (like a special dominating part of parliament (like a special committee in parliament).committee in parliament).

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Presidential

Parliamentary

Relationship between Executive and Legislative

Separation of power

Fusion of Power

Head of State /Government

Same Person Different Persons

Term of Office Fixed (Predictable)

Less Predicatable

Cabinet From outside Legislature

Legislators

Executive’s Question Period

Irregular (primarily responsible to the people)

Regular (primarily responsible to parliament)

Government Coalitions

Less Likely More Likely

Election of Chief-Executive

Normally Direct

Normally Indirect

Legislation More Gridlock, More Independence from Party

Easier to pass Legislation, Party control more Disciplined

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Representation in Federal Representation in Federal Systems (1)Systems (1)

«Federations»«Federations» are those states in which are those states in which powers and sovereignty are powers and sovereignty are constitutionally divided between the constitutionally divided between the central government (which has authority central government (which has authority and power throughout the whole and power throughout the whole federation) and the different political federation) and the different political units (which may themselves be referred units (which may themselves be referred to as provinces, states etc) that make up to as provinces, states etc) that make up the federation. States where all the federation. States where all sovereignty is held by the central sovereignty is held by the central authorities are referred to as «authorities are referred to as «unitary unitary statesstates».».

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* World map of federal states from http://mapsof.net/uploads/static-maps/map_of_federal_states.png

* Map of 36 states of the Nigerian federation from

www.nigeriamasterweb.com/5mbebe/NigeriaStatesMap.gif


Federations typically have 2 «houses» or Federations typically have 2 «houses» or «chambers», or two parts to the legislative branch. «chambers», or two parts to the legislative branch. We call these legislatures «We call these legislatures «bicameral bicameral legislatureslegislatures» (as opposed to «» (as opposed to «unicameral unicameral legislatureslegislatures» which have only 1 house /chamber). » which have only 1 house /chamber). In federations one house (the lower house) In federations one house (the lower house) normally represents the people & their interests, normally represents the people & their interests, while the second house (upper house) represents while the second house (upper house) represents the states & their interests. Often representation the states & their interests. Often representation for each part of the federation in the lower house for each part of the federation in the lower house is based on their proportion of the overall is based on their proportion of the overall population, whereas representation in the upper population, whereas representation in the upper house is based on equality of the different parts house is based on equality of the different parts irrespective of population levels.irrespective of population levels.

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Bicameral Legislatures Bicameral Legislatures (1)(1)

Lower House

Upper House

(Combined

Name)

Federation

Nigeria

House of Representat

ivesSenate

National Assembl

y

USAHouse of

Representatives

Senate Congress Germa

nyBundestag

Bundesrat

--

UKHouse of Commons

House of Lords

Houses of

Parliament

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Bicameral Legislatures Bicameral Legislatures (2)(2)

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Not all states that have bicameral legislatures are Not all states that have bicameral legislatures are federations however. In the UK for example, there federations however. In the UK for example, there is a bicameral system of the House of Commons is a bicameral system of the House of Commons and the House of Lords. Such cases, however, are and the House of Lords. Such cases, however, are frequently a result of historical developments, frequently a result of historical developments, particularly of the fact that in the past different particularly of the fact that in the past different houses / chambers in legisltures represented houses / chambers in legisltures represented different classes in society.different classes in society.

In the medieval French assembly known as the In the medieval French assembly known as the «Estates General», for example, there were «Estates General», for example, there were actually three estates (or chambers) representing actually three estates (or chambers) representing the clergy, nobility and commoners respectively.the clergy, nobility and commoners respectively.

Functions of Legislatures Functions of Legislatures (1)(1)

The main and most obvious function of legislatures The main and most obvious function of legislatures is to make laws. Though procedures vary in is to make laws. Though procedures vary in different states depending on their constitutions, it different states depending on their constitutions, it can be a long process to pass a new law or can be a long process to pass a new law or ammend an old one.ammend an old one.

Draft laws (proposed but not yet passed) are called Draft laws (proposed but not yet passed) are called ««billsbills». Bills supported by the government usually ». Bills supported by the government usually have a better chance of becomming law, but most have a better chance of becomming law, but most never actually do. They must often first be never actually do. They must often first be discussed and agreed to in special parliamentary discussed and agreed to in special parliamentary committees, often more than once, and the process committees, often more than once, and the process can be even more difficult to complete when there can be even more difficult to complete when there is a bicameral legislature, where each house must is a bicameral legislature, where each house must give approval.give approval.

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Another function of Legislatures is «Another function of Legislatures is «constituency constituency workwork». The legislator’s constituency is the ». The legislator’s constituency is the area/district from which s/he is elected. Often it’s area/district from which s/he is elected. Often it’s seen as a task of legislators to stay in contact with seen as a task of legislators to stay in contact with the people from their district, give them speeches the people from their district, give them speeches about developments and talk to them about (and about developments and talk to them about (and where possible help them with) their problems. The where possible help them with) their problems. The legislator sort of acts like a channel between central legislator sort of acts like a channel between central government and the districts.government and the districts.

Related is the function of «Related is the function of «representationrepresentation», that is », that is legislators as representives of the interests of the legislators as representives of the interests of the people who have elected them. Of course not all are people who have elected them. Of course not all are represented equally if at all! Do these represented equally if at all! Do these «representatives» vote as the people who elected «representatives» vote as the people who elected them would like?them would like?

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Functions of Legislatures Functions of Legislatures (3)(3) Supervision and criticism of the government is Supervision and criticism of the government is

also possible even in parliamentary sytems also possible even in parliamentary sytems where there is no separation of powers. where there is no separation of powers. Through «question time» and other Through «question time» and other mechanisms the governments power can be mechanisms the governments power can be partially checked (especially if there are strong partially checked (especially if there are strong opposition parties) and improvements made in opposition parties) and improvements made in government-supported bills.government-supported bills.

Legislatures also often have a task of making Legislatures also often have a task of making and ammending and ammending constitutionsconstitutions. Constitutions . Constitutions are are usuallyusually written legal documents outlining written legal documents outlining the most fundamental the most fundamental principles principles for governing for governing a statea state, with which other laws are expected to , with which other laws are expected to comply.comply.

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Most legislatures also have a degree of power Most legislatures also have a degree of power over the state’s finances, such as approving over the state’s finances, such as approving budgets, that give them too a financial function.budgets, that give them too a financial function.

Likewise, legislatures sometimes have judicial Likewise, legislatures sometimes have judicial and investigative functions, though typically and investigative functions, though typically restricted to certain areas such as judging restricted to certain areas such as judging whether the president has committed a serious whether the president has committed a serious crime or investigating issues of public concern crime or investigating issues of public concern regarding government abuse. Sometimes the regarding government abuse. Sometimes the investigative task may be «informal» with investigative task may be «informal» with legislative committees producing reports, but legislative committees producing reports, but not necessarily having a legal power to punish.not necessarily having a legal power to punish.

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