Week 3: Branches

and level of
government
Three branches of government
Executive
• implement law

Legislative
• make law

Judiciary
• apply law
• interpret law
Presidential system & Parliamentarianism
Presidential
system
The principal features:
+the executive and the legislature are separately elected
+ Americans usually have at least two ballots – one to vote for the president, and another for
Congress, which includes both the House of Representatives and the Senate.

+ The House of Representatives, where all 435 members are elected every two years

+ the Senate, with six-year terms for its members, elects one-third of its seats every two years

+ ‘Divided government’: where the president and Congress belong to different parties.
The bicameral Congress

+The Senate: upper house. Each of the 50 states, regardless of size, elects
two senators, making up a total of 100 senators.
+ Senators have six-year terms, with one-third of the seats up for election every two
years

+ The House of Representatives, is based on population distribution.

+ Members of the House, also known as Representatives, serve two-year terms
+Separation of Power and checks and balances among
three different branches

+no overlap of personnel

+coequal branches
The principal features:
+the executive cannot be removed by the legislature (except,
possibly, through impeachment)
+the executive branch cannot be dissolved by the legislative branch.
+Parliament cannot arbitrarily vote to dismiss a president
+impeachment proceedings to demand the president's resignation
 The principal features:
+the president or executive cannot ‘dissolve’ the legislature
+Usually fixed terms for president and the members of Congress as
defined in the constitution
+no mechanism for early departure from office due to low public
approval
The principal features:
+the President serves as both the head of state and the head of
government.
+simultaneously hold the position of the nation's symbolic leader
and are in charge of the government's executive functions
+For example, Joe Biden serves as both the head of state and
the head of government of the United State
+responsible for state ceremonies and formalities
+in charge of administering government policies and decisions.
US
Presidential
system as an
example
Why the United States?

+the first country to adopt a presidential system

+However, the U.S. presidential system is somewhat unique.
+it includes more explicitly stated constraints to limit the
president's power compared to other presidential systems.
+ In contrast to presidents in Latin America, Asia, or Africa, the
US. president faces numerous constitutional constraints
domestically.
 US Presidential
system
+President enjoys great authority
because s/he is popular elected
(mandated)
+ Max Weber : legal-rational
authority
 The power to propose bills & presidential veto

+ In the legislative process, many laws are proposed in the name of

the government. These proposals are then subject to approval and
modification by the legislative branch.

+ All legislation passed by both houses of Congress must be

presented to the President for their signature to become law. The
President has the option not to sign a bill, and if it is not signed, it
does not become law
• implementation requires the cooperation of the executive branch. If
the executive branch is unwilling, it can refuse to enact the
legislation

• this veto can be overridden by a two-thirds majority in Congress, a

constitutional provision that allows the legislative branch to prevail in
certain circumstances
Extensive power of appointment of public officials,
judges and ministers

U.S. President has the power to appoint key officials.

Typically, when a party, such as the Democratic Party, comes to power, they replace officials
appointed by the previous administration due to differences in political stance and to reward those
who helped in the election campaign

These appointments aren't necessarily limited to party members, but the ideological alignment with
the President's agenda is usually a key factor in these selections.
Appointment power

+Indeed, in theory, the President can appoint anyone they

choose.

+For key positions such as ministers or Supreme Court justices,

these appointments require confirmation by the Senate, known
as "Senate confirmation."

+However, this power is typically exercised with restraint

the death of U.S. Supreme Court
Justice Ruth Bader Ginsburg

+Controversy: Should the appointment

wait until after the upcoming election,
allowing the next President to make the
nomination?
Impeachment
+ power of the Congress
+ need to be passed by a majority of the House of
Representative and a 2/3 majority of the Senate
+ According to the U.S. Constitution, grounds for
impeachment include treason, bribery, high crimes,
and misdemeanors, with "misdemeanors" referring to
less serious offenses
+ cannot be impeached merely for poor
performance or scandals
+ must be for legal reasons
Impeachment : : Richard Nixon during the Watergate scandal

The Watergate Scandal in 7 Minutes

https://youtu.be/YOY_KlrMsUg?si=j6_YvRvSNQLBgvYI

+Nixon resigned before Congress could formally start the

impeachment process
+While he avoided impeachment, it's widely recognized that he
would have been impeached had he not resigned
Impeachment of Bill Clinton
Bill Clinton's impeachment: How it happened
https://youtu.be/wxOp0yIyISc?si=dEOvsPZnFre5bOPE

+ Sexual scandal : But the scandal itself was not the reason for the
impeachment attempt
+ Clinton provided false testimony under oath during a Congressional
hearing-- a criminal offense
 Courts have the power to review laws or
government policies and determine whether they
violate the Constitution.

Judicial review &

interpretation of
laws
This judicial oversight ensures that the legislative
and executive branches adhere to constitutional
principles and protects against the abuse of power
Gridlock : the government's
proposals consistently fail to pass,
leading to a significant impasse

+when the budget fails to pass—shut

down of government

+Compromise as resolution
Parliamentary system ：
Parliamentary supremacy
+ An executive is drawn from, and accountable to, the
parliament, and is formed through parliamentary
elections
+ Voters elect Members of Parliament (MPs) only
+ The Party/coalition that holds the majority in
parliament will form the government
+ leader of the largest party usually serving as
Premier/Prime Minister
Parliamentary system
Dual Executive : Head of state =/= head of government
+In contemporary times, the monarch serves as a ceremonial head of
state, playing a largely symbolic role in the nation's governance

+British-style parliamentary system, the head of state and the head of

government are separate roles.
+ For instance, in the United Kingdom, the head of state is the monarch
Dual Executive : Head of state =/= head of government (2)

+In many European countries that have a parliamentary system, some

still have a monarchy, like Spain, the Netherlands, Denmark, etc.
+the royal family members serve as the head of state and participate in national
ceremonies and official events
+but they do not have formal executive power.

+In parliamentary systems without a monarchy, the head of state is the

president
+How are they selected?
+nominated and elected by different political parties.
+The ideal candidate is often a highly respected figure with widespread public
approval, a person of integrity who is acceptable across different party lines
Dual Executive : Head of state =/= head of government (3)

+The head of government :leader of the executive branch

+In the UK, this role is fulfilled by the Prime Minister, separate
from the monarch
+The Prime Minister is responsible for running the government
and making policy decisions, while the monarch's role is more
ceremonial and symbolic
Cabinet members are typically chosen from among the
members of the parliament
+one must first be elected as a member of parliament

+If someone cannot get elected as a Member of Parliament, it

suggests limited public support and, therefore, may not be
deemed suitable for a cabinet position
No fixed term for government
+May have maximum length of time for the next elections only (e.g. 5
years for UK)

Vote of no confidence to check the govt

+In Britain, traditionally, governments that have lost a confidence vote have
either resigned in favour of an alternative administration, or the Prime
Minister has requested a dissolution of parliament from the Queen,
triggering a general election.
+2022 vote of confidence in the Conservative Party leadership of Boris
Johnson
https://youtu.be/iFJtWUkieq0?si=MZPyJTSUIP3AhKKl
UK Parliamentary system as an example
(Westminster System)

Majority party
+Usually one party gets more than half of the seats in the Parliament to form a
single-party govt

Two-party system with strong party discipline

+one party obtains over half of the seats in Parliament.
+strong party discipline (compared to the United States)
+Members of Parliament (MPs) from within a party typically vote in line with the
party's stance, except in cases of major controversy
+If the ruling party proposes a bill and holds, 350 seats, it can almost guarantee that
the bill will pass
Fusion of power (executive and legislative)
+executive usually control the parliament (legislative majority)
+can draw cabinet member from the parliament
+bills usually get majority support in parliament
+the majority party control the agenda
+The British logic : if a political party wins a parliamentary majority
based on its manifesto, it should be allowed to govern and implement
its policies for a few years.
+If its performance is unsatisfactory, voters can choose to vote it out in
the next election
Prime Minister as ‘first among equals’

usually party leader of the majority party, but can be removed as PM if s/he loses the support
of the ruling party

The public does not directly elect the Prime Minister

While voters may consider the potential Prime Minister when voting, the power and legitimacy
of the Prime Minister come from the parliamentary majority and the governing party
The Opposition Party and the Shadow Cabinet act as
major checks to government power

checks and balances are primarily provided by the parliamentary

opposition (shadow cabinet)

For every government minister, like the Foreign Affairs Minister or the
Transport Minister, there's a corresponding shadow minister in the
opposition.

scrutinize and challenge the government's actions and policies

 Presidential system Parliamentary system

Head of the state/ Head of the state = Head of Separate

Head of the government the government

Distribution of power Separation of power Fusion of power

(executive-legislative
relationship)
How the president/ prime Popular elected Majority Party leader ->
minister is selected prime minister

Dissolution of the impeachment Vote of no confidence

government?
Terms of government Fixed term No fixed term but maximum
term
Party discipline Weaker Stronger
 Semi-presidential
system

+ combines elements from both presidential

and parliamentary systems
+ the prime minister is responsible for
forming the cabinet, which must be
approved by the parliament
+ the prime minister and the cabinet must
have the support of the parliamentary
majority
+ Division of power between the president
and the premier
French as an example of the semi-presidential system

+the first country to adopt this model

+After World War II, France operated

under a parliamentary system,
+ criticized for its inefficiency due to the
presence of multiple parties and significant
ideological divisions
+ leading to frequent government collapses

+A key turning point : Algerian War of

Independence in 1958
+ which sparked a major political crisis as
Algeria sought independence
+The president is elected by a direct popular
vote and appoints the Prime Minister, who is
responsible for organizing the cabinet.

French - the semi-

+Prime minister and cabinet musted be
presidential system
approved by the legislature

+Prime minister and cabinet could be impeached

through vote of no confidence of the
legislature (i.e. the National Assembly)
French - the semi-presidential system

+A distinctive feature of French politics : clear division between the

left and right political camps

+Cohabitation: the President and the majority in the National

Assembly come from different political camps, necessitating
compromise in forming the government.
+if there is a left-wing president and a right-wing National Assembly, the
president might appoint a right-leaning Prime Minister, resulting in a mixed
cabinet
+aims to satisfy both political factions and ensure government functionality.
 Presidential system Parliamentary system

• Pros: • Pros
• More direct system (popular mandate) • unified government -> quick response
• Direct accountability • clear line of policy-making responsibility
• More Separation of Powers and Checks and • Minority parties are frequently represented
Balances • strong political party and party discipline
• Stable leadership

• Cons:
• Dual legitimacy • Cons
• Gridlock • Unstable leadership
• Friction between executive and legislative • unpredictable election schedules
• Weak political party and party discipline • Coalition governments -> short lived ->
instability
Round-up question – Which system is
better?
+To keep a balance between power check and cooperation

+what political goal(s) does the system achieve?

+Context matter

+Also…What conditions make the system successful?

Different levels of government
Different levels of government
+Centralisation : the concentration of political power or
government authority at the national level

I. better efficiency in policy-making ;

II. better efficiency in use of resources;
III. uniformity in policy
IV. state unity and control
+Decentralisation : The expansion of local autonomy through the
transfer of powers and responsibilities away from national
bodies

I. better responsiveness and sensitivity to local and regional

needs ( especially minorities);
II. encourage public participation and accountability
III. reduce work overload at the center
IV. separation of power and checks and balance between central
and local
Federalism vs Unitary Systems
Federalism
+A system of government in which sovereignty is shared
between central and peripheral levels
+as a constitutional design to accommodate ethnic, religious and
cultural diversity, by giving more autonomy to local regions
+Reasons for federalism?
 For instance, the United States was the first country to implement a
federal system.

originated from the idea of different states, initially colonies, coming

together to form a larger nation
1. historical
context the individual states existed first and then united to establish a
larger national entity.

Each state agreed to cede some of its powers to a central authority

while retaining a degree of self-governance

a balance between maintaining the individuality and interests of

each state and the efficacy of a centralized national government.
2. deliberate constitutional choice

+facilitate peaceful coexistence within a diverse nation

+empowering local governments to make decisions that reflect the
unique aspects of their communities
+a federal system can help alleviate potential conflicts that might arise
from a one-size-fits-all approach imposed by a central government.
+effective in large countries with varied populations, helping to maintain
unity while respecting diversity
3. geographical size of a country
In larger countries, decentralizing power to regional or state governments can make
administration more flexible and efficient.

Among the six largest countries - Russia, China, the United States, Canada, Australia, and
Brazil - all but China operate under a federal system.

these countries find federalism a more effective way to accommodate this diversity and
manage vast geographical areas.

allows for localized decision-making that is more attuned to the specific needs and
characteristics of different regions, thereby enhancing administrative efficiency and
responsiveness
 Federalism - Features:

+Shared sovereignty
+ both central government (the federal level) and
regional government (the state level) possess a
range of powers on which the other cannot
encroach
+ usually the members have the right to leave the
union (secession) under certain procedures
‘residual powers’

+Those powers that are not clearly defined in the Constitution,

+In a federal system: the constitution explicitly defines certain
powers (like ABC) as belonging to the central government and
others (like XYZ) as belonging to the member states.
+the constitution includes a clause stating that any powers not
explicitly assigned to the central government default to the
states
Constitutional arbiter
How to deal with the conflict between the central and state governments?

The courts act as arbitrators

In the United States, such disputes are usually resolved by the Supreme Court.

In Europe, for example in Russia, there is often a Constitutional Court that doesn't handle
criminal cases but focuses primarily on constitutional disputes
 Unitary system
+A system of government in which
sovereignty is located in a single national
institution, allowing the centre to control
the periphery
Features:
+Sovereignty is undivided
+Usually no rights of independence or
secession provided for in the constitution
+Power is “delegated” to local
governments
Catalonia's push for independence
• in the case of Catalonia's push for independence, the Spanish
government declared it unconstitutional.
• according to the Spanish constitution, Spain is a unitary state, and
regional governments, such as Catalonia and the Basque Country, do
not have a constitutional pathway to seek independence.
+ By definition, unitary system is more centralized than federal
system.

+ However, some unitary systems could be decentralized.