Difference Between Parliamentary and Presidential Form of Government

Last updated on June 25, 2019 by Surbhi S

Every country in the world has its own constitution, according to which policies are framed,
government bodies and institutions function and decisions are made. In finer terms, it is the
constitution, that covers all the aspects of the political system adopted by the country. There are
two forms of government, Parliamentary and Presidential. In Parliamentary System, the
political party winning the majority seats in the parliament makes the government and elects a
person from among themselves as the Prime Minister who is the head of the Government.
On the other hand, in the presidential form of government, the President is the chief executive,
who is directly elected by the people or by the members of the electoral college. The difference
between the Parliamentary and Presidential form of government is discussed in the article in
detail.

PRESIDENTIAL
BASIS FOR PARLIAMENTARY FORM
FORM OF
COMPARISON OF GOVERNMENT
GORVERNMENT

Meaning In Parliamentay system the In Presidential system,

legislative and executive body the legislative, executive
of government are closely and judiciary body of the
related, while the judiciary is government are
independent of the other two independent of each
bodies of government. other.

Executive Dual executive Single executive

Accountability The executive is accountable The executive is not

to the legislature. accountable to the
legislature.

Powers Concentrated Divided

Ministers Only the members of Persons outside the

Parliament can be appointed legislature are appointed
as minster. as ministers.

Dissolution of Prime Minister can dissolve President cannot dissolve

lower house the lower house before the lower house.
expiry of its term.
 PRESIDENTIAL
BASIS FOR PARLIAMENTARY FORM
FORM OF
COMPARISON OF GOVERNMENT
GORVERNMENT

Tenure of Not fixed Fixed

Executive

Definition of Parliamentary form of Government

Parliamentary form of government represents a system of democratic governance of a country,

wherein the executive branch is derived from the legislative body, i.e. the Parliament. Here, the
executive is divided into two parts, the Head of the State, i.e. President, who is only the nominal
executive and the Head of the Government, i.e. Prime Minister, who is the real executive.

As per this system, the political party getting the maximum number of seats during federal
elections, in the Parliament, forms the government. The party elects a member, as a leader, who
is appointed as the Prime Minister by the President. After the appointment of the Prime
Minister, the Cabinet is formed by him, whose members should be out of the Parliament. The
executive body, i.e. the Cabinet is accountable to the legislative body, i.e. Parliament. This
system is prevalent in the countries like India, Japan and Canada.

Definition of Presidential form of Government

When a country follows the Presidential form of Government, it denotes that there is only one
person as the head of the state and government, i.e. the President. The election of the President
is made directly by the citizens of the country or sometimes by the members of the electoral
college for a fixed period.

The President elects some ministers as the Secretary and forms a small Cabinet, who assist in
governing the country. Neither the President nor the Secretaries are accountable to the
Congress (Parliament) for their acts. Indeed, they do not attend the sessions as well.This form
of government can be found in the countries like United States of America, Russia, Brazil and
Srilanka.

Key Differences Between Parliamentary and Presidential form of Government

The points presented below are important so far as the differences between parliamentary and
presidential form of government is concerned:

1. The Parliamentary system of government is one in which there exists a harmonious

relationship between the legislative and executive body, while the judiciary body
works independently. As against this, in Presidential form of government, the three
organs of the government work independently of each other.
2. In Parliamentary form of government, the executive is divided into two parts, i.e. the
Head of the State (President) and the Head of the Government (Prime Minister). On
 the contrary, the President is the chief executive of the Presidential form of
Government.
3. In the Parliamentary form of government, the executive body, i.e. the Council of
Ministers is accountable to the Parliament for its acts. Conversely, in the Presidential
form of Government, there is no such accountability, i.e. the executive body is not
accountable to the Parliament for its acts.
4. Fusion of powers exists in the Parliamentary system, whereas the powers are
separated in Presidential system.
5. In Parliamentary form, only those persons are appointed as ministers in the executive
body who are the members of Parliament. Unlike, in Presidential form, persons other
than those working in the legislature can be appointed as secretaries.
6. In Parliamentary government, the Prime Minister has the power to dissolve the lower
house before the completion of its term. As opposed, the President cannot dissolve
the lower house, in Presidential government.
7. The tenure of the executive is not fixed in Parliamentary government, as in, if a
no-confidence motion is passed in the Parliament, the Council of Ministers is
dismissed. Contrary to this, the executive has a fixed term in the Presidential
government.

Conclusion

The members of the cabinet possess double membership, i.e. of legislative and executive
organ of government. Contrary to this, in the presidential form of government, the members
of the cabinet possesses the membership of executive organ only.

When it comes to dominance, in the Parliamentary System, the President is only the titorial
head, while the real powers lie in the hands of the Prime Minister. On the contrary, in the
Presidential System, the President has got the supreme power.
Branches of the U.S. Government
How the U.S. Government Is Organized

The Constitution of the United States divides the federal government into three branches to
make sure no individual or group will have too much power:

 Legislative—Makes laws (Congress, comprised of the House of Representatives and

Senate)
 Executive—Carries out laws (president, vice president, Cabinet, most federal
agencies)
 Judicial—Evaluates laws (Supreme Court and other courts)

Each branch of government can change acts of the other branches:

 The president can veto legislation created by Congress and nominates heads of
federal agencies.
 Congress confirms or rejects the president's nominees and can remove the president
from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn unconstitutional laws, are
nominated by the president and confirmed by the Senate.

This ability of each branch to respond to the actions of the other branches is called the system
of checks and balances.
Legislative Branch of the U.S. Government

The legislative branch drafts proposed laws, confirms or rejects presidential nominations for
heads of federal agencies, federal judges, and the Supreme Court, and has the authority to
declare war. This branch includes Congress (the Senate and House of Representatives)
and special agencies and offices that provide support services to Congress. American citizens
have the right to vote for Senators and Representatives through free, confidential ballots.

 Senate—There are two elected Senators per state, totaling 100 Senators. A Senate
term is six years and there is no limit to the number of terms an individual can serve.
 House of Representatives—There are 435 elected Representatives, which are divided
among the 50 states in proportion to their total population. There are additional
non-voting delegates who represent the District of Columbia and the territories. A
Representative serves a two-year term, and there is no limit to the number of terms an
individual can serve.

Executive Branch of the U.S. Government

The executive branch carries out and enforces laws. It includes the president, vice president,
the Cabinet, executive departments, independent agencies, and other boards, commissions,
and committees.

American citizens have the right to vote for the president and vice president through free,
confidential ballots.

Key roles of the executive branch include:

 President—The president leads the country. He or she is the head of state, leader of
the federal government, and Commander in Chief of the United States Armed Forces.
The president serves a four-year term and can be elected no more than two times.
 Vice president—The vice president supports the president. If the president is unable
to serve, the vice president becomes president. The vice president can be elected and
serve an unlimited number of four-year terms as vice president, even under a different
president.
 The Cabinet—Cabinet members serve as advisors to the president. They include the
vice president, heads of executive departments, and other high-ranking government
officials. Cabinet members are nominated by the president and must be approved by a
simple majority of the Senate—51 votes if all 100 Senators vote.
Executive Branch Agencies, Commissions, and Committees

Much of the work in the executive branch is done by federal agencies, departments,
committees, and other groups.

Executive Branch Agencies, Commissions, and Committees

Much of the work in the executive branch is done by federal agencies, departments,
committees, and other groups.

Judicial Branch of the U.S. Government

The judicial branch interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution. It is comprised of the Supreme Court and other
federal courts.
Checks and Balances. Each branch can counter each others power to prevent any abuse of
one . With checks and balances, each of the three branches of government can limit the
powers of the others. This way, no one branch becomes too powerful. Each branch “checks”
the power of the other branches to make sure that the power is balanced between them.
Separation of powers is a doctrine of constitutional law under which the three branches of
government (executive, legislative, and judicial) are kept separate. Separation of powers,
therefore, refers to the division of government 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.

Veto power is the power or right vested on the head of the executive branch or the president
to reject a proposed bill from the legislative branch.

Bills- a draft of a proposed law.

Lawmaking - passing laws into bills.

How are laws made? Laws start in Congress. When someone in the House of
Representatives or the Senate wants to make a law, they start by writing a bill. A bill is like an
early version, or a draft, of the proposed law.

Each Congress lasts about two years. During that time, Senators and Representatives may
introduce thousands of bills. Yet only some of those bills will eventually become laws.

The bill has to be voted on by both houses of Congress: the House of Representatives and the
Senate. If they both vote for the bill to become a law, the bill is sent to the President of the
United States. He or she can choose whether or not to sign the bill. If the President signs the
bill, it becomes a law. If the President decides not to sign the bill into law, it is called a veto
and the bill is sent back to Congress. Congress can bypass, or override, the veto with a
two-thirds vote in both the House and the Senate. The bill would then become a law.

Process of law

1. Should be approved by the president.

2. Override the bill from veto power.

3. If the the bill has lapsed 30 days of no response from the president’s office.
A constitution is the fundamental law of the land that guides how a country, state, or other
political organization works. The constitution may tell what the branches of the government
are, what powers they have, and how they work. It may also state the rights of citizens.

Unitary And Federal Systems

The distinction between unitary and federal states

Law vs Statute

“Law” and “statute” both refer to certain laws that have been made and implemented in a

society for some kind of discipline, rules, and regulations to be followed by a community or

society or nation as a whole. “Law” and “statute” are different from each other as a law refers

to some common rules made and followed by the society for a long time which are still being

followed. These are not necessarily written whereas a statute refers to laws which have been

passed as bills by the legislature of a country or have been written down and are consulted for

use.

Law

“Law” can be defined as the body of principles and rules governing the affairs or behavior of

society or a community. In the United States, the law appears in the U.S. Code. A law stays

and keeps appearing in the U.S. Code till that law is actively in force. The law of the United
States is cumulative no matter which law came into existence at what time. Laws are

guidelines and rules enforced by different institutions. There are many different laws such as:

Property law- This law deals with the ownership and transfer of personal or real property

according to the asset of rules made.

Contract law- It includes rules which bind you to a contract like buying shares or simpler

actions like buying tickets for the train, etc.

Trust law- These laws deal with the assets one holds for investments and the laws which are

applied in financial trading or securities.

Criminal law- Criminal law is the law which deals with a person committing a crime against

society and the rules which punish them.

Constitutional law- The law which gives guidelines for making new laws or maintaining the

old ones, and the laws which protect human rights is called Constitutional law. It also sets

guidelines for the election of politicians.

Administrative law- This law helps in reviewing the government’s decisions. These are just a

few of the laws which set guidelines for the better functioning of a community. When the

community being considered is not only a nation, then there are international laws too.

Religious laws are very much followed and obeyed in many countries. Thus, there are many

kinds of laws which might or might not be written.

Statute

“Statute” is also called statute law. It is a written law which has been decided upon by the

legislature of a country or by the legislators in case there is a monarchy in the country. It is a

written law thus it is different from many oral laws or customary laws where no rules are

written, but certain regulations and guidelines have been followed for a long time.

Statute law originates from municipalities or the state legislature or at a higher level the

national legislature. The municipal or state statute is subordinate to the national statute laws.
A statute is also called “session law,” and these two words can be used interchangeably.

Statutes, unlike laws, are published in the United States Statutes at Large. These are not

cumulative; each legislative session has a separate volume.

Summary:

1.Statute law is written laws originating from municipalities, states, or national legislatures;

laws are written or unwritten guidelines or rules that are followed by communities.

2.Statutes are not cumulative; each legislative session has a separate volume. Laws are

cumulative. They appear in the U.S. Code until that law is actively in force.

3.Statute laws are published in the United States Statutes at Large; laws appear in the U.S.

Code.

The terms devolution and decentralisation are often confused. Devolution

is ‘the transfer of decision-making capacity from higher levels in an
organisation to lower levels, that is it is about who is best placed in
an organisation to make decisions’.1 Decentralisation is ‘the
redistribution of functions or tasks from central units in organisations
to more widely dispersed units, that is it is about where in an
organisation particular functions are best carried out.’