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Chapter 10 yarısı,12,13,14,15 government system regimes

THE THREE WORLD TYPOLOGY  How is government power acquired and


transferred? Is a regime open and
 Is the belief that politicfal World divided
three blocs competitive, or is it monolithic?
1. A capilatist “first World”  What is the balance between the state and
2. A communist “ second World” the individual? What is the distribution of
3. A developing “third World” rights and responsibilities between
 Third World regimes were typically government and citizens?
authoritarian and govern by traditional  What is the level of material development?
monarchs How materially affluent is the society, and
 new pattern of economic development how equally is wealth distributed?
have brought material affluence to parts  How is economic life organized? Is the
of third World like oil-rich states like economy geared to the market or to
middle east and newly industrialized planning, and what economic role does
states of east asia government play?
 How stable is a regime? Has the regime
survived over time, and does it have the
L IBERAL D EMOCRACY
capacity to respond to new demands and
 Is an political regime in which a “liberal”
challenges?
commitment to limited government is
blended with a “democtatic” belief. Democratization
Key peatures are;
1. The right to rule gained through
 Democratization is transition from
authoritarianism to liberal democracy.
success in regular and competitive
This has a 3 processes
elections, based o universal adult
suffrage 1. The breakdown of the old
2. Constrains on government imposed by
regime; this usually involves a
a constitution, instutional checks and loss of legitimacy and the
balances and protections for faltering loyalty of the police and
individual and minority rights. military.
3. vigorous civil society including a private 2. ‘Democratic transition’ witnesses
enterprise economy, independent trade the construction of new liberal-
unions and a free press. The terms liberal democratic structures and
democracy and and pluralist. processes
3. ‘Democratic consolidation’ sees
these new structures and
REGIMES OF THE MODERN WORLD processes becoming so
 Who rules? Is political participation embedded in the minds of elites
confined to an elite body or privileged and the masses that democracy
group, or does it encompass the entire becomes ‘the only game in town’
population?
 How is compliance achieved? Is government
obeyed as a result of the exercise or threat of
force, or through bargaining and
compromise? FIVE REGIME TYPES CAN BE
 Is government power centralized or IDENTIFIED IN THE MODERN WORLD:
fragmented? What kinds of check and 1. Western polyarchies
balance operate in the political system? 2. New democracies
Chapter 10 yarısı,12,13,14,15 government system regimes

3. East Asian regimes transition from central planning to market


4. Islamic regimes capitalism.
5. Military regimes Authoritarianism
Polyarchy  Authoritarianism is a belief in, or practice
 Polyarchy can be understood as a rough or of, government ‘from above’, in which
crude approximation of democracy, in that it authority is exercised regardless of popular
operates through institutions that force rulers consent.
to take account of the public’s wishes  authoritarianism is usually distinguished
Central features are; from totalitarianism.
1. government is based on election; Confucianism
2. elections are free and fair;
 Confucianism is a system of ethics formulated
3. practically all adults have the right to by Confucius (551–479 BCE) and his disciples
vote; that was primarily outlined in The Analects.
4. the right to run for office is  Confucian thought has concerned itself with the
unrestricted; twin themes of human relations and the
5. there is free expression and a right to cultivation of the self.
criticize and protest;  The emphasis on ren (humanity or love) has
6. citizens have access to alternative usually been interpreted as implying support for
sources of information; and traditional ideas and values; notably, filial piety,
7. groups and associations enjoy at respect, loyalty and benevolence.
least relative independence from  The stress on junzi (the virtuous person)
government. suggests a capacity for human development and
potential for perfection realized, in particular,
WESTERN POLYARCHIES through education.
 Western polyarchies are broadly equivalent East Asian Regimes
to regimes categorized as ‘liberal
democracies’, or even simply ‘democracies’ 1. First, they are orientated more around
economic goals than around political ones.
 the term ‘polyarchy’ is preferable to ‘liberal
Their overriding priority is to boost growth
democracy’ for two reasons.
and deliver prosperity, rather than to enlarge
1. Liberal democracy is sometimes
individual freedom in the western sense of
treated as a political ideal, and is
civil liberty.
thus invested with broader
2. Second, there is broad support for ‘strong’
normative implications.
government. Powerful ‘ruling’ parties tend
2. The use of ‘polyarchy’
to be tolerated, and there is general respect
acknowledges that these regimes
for the state.
fall short, in important ways, of
3. third, by a general disposition to respect
the goal of democracy.
leaders because of the Confucian stress on
loyalty, discipline and duty.
New democracies 4. Finally, great emphasis is placed on com -
munity and social cohesion, embodied in the
 this process has been characterized by the central role accorded to the family.
adoption of multiparty elections and market-
based economic reform. Islamic Regimes
Transition countries: Former Soviet Bloc  Political Islam thus aims at the construction
countries that are in the process of of a theocracy in which political and other
Chapter 10 yarısı,12,13,14,15 government system regimes

affairs are structured according to ‘higher’


religious principles. Nevertheless, political
Islam has assumed clearly contrasting forms,
ranging from fundamentalist to pluralist
extremes.
Military regimes
1. In some military regimes, the armed forces
assume direct control of government.
2. The second form of military regime is a
military-backed personalized dictatorship. In
these cases, a single individual gains pre-
eminence within the junta or regime, often
being bolstered by a cult of personality
designed to manufacture charismatic
authority.
3. In the final form of military regime, the
loyalty of the armed forces is the decisive
factor that upholds the regime, but the
military leaders content themselves with
‘pulling the strings’ behind the scenes
In what circumstances does the military seize
power?
1. In the first place, there is a clear link between
the incidence of military coups and economic
underdevelopment
2. Second, the military is likely to intervene in
politics only when it senses that the legitimacy
of the existing institutions and the ruling elite is
challenged, and when it calculates that its
intervention is going to be successful.
3. Third, military intervention is associated with
the degree to which the values, goals and
interests of the armed forces differ from those of
the broader regime.
4. Finally, the military’s decision to seize power
may also be affected by international
considerarion.

Political Executives and Leadership


 either by forcing them to operate within a
constitutional framework
 by making them accountable to a popular
assembly or democratic electorate.
ROLE OF THE EXECUTIVE
Chapter 10 yarısı,12,13,14,15 government system regimes

Who’s who in the executive? Functions of political executives


 The division of government into executive,  ceremonial duties
legislative and judicial institutions has been  control of policy-making
sustained by the doctrine of the separation of  popular political leadership
powers, and has been the traditional basis on  bureaucratic management
which to analyse government since the time  crisis response.
of Montesquieu.
Ceremonial leadership
 From this point of view, three distinct
branches of government can be identified: 1. First, it provides a focus for unity and
 Legislatures make law; they enact political loyalty, and so helps to build
legislation. legitimacy.
 Executives implement law; they execute 2. Second, it allows those at the top of the
law executive to portray themselves as ‘national
 Judiciaries interpret law; they adjudicate leaders’, which is vital to the maintenance of
on the meaning of law. public support and electoral credibility.
1. First, a distinction is often drawn Policy-making leadership
between the ‘political’ executive and the
 the executive is expected to ‘govern’.
‘bureaucratic’ executive. This highlights
 The political executive is looked to, in
the differences between politicians and
particular, to develop coherent economic
civil servants, and, more broadly,
and social programmes that meet the needs
between politics and administration.
of more complex and politic ally
2. Second, various levels of status and
sophisticated societies, and to control the
responsibility have been identified
state’s various external relationships in an
within executives. Whereas assemblies
increasingly interdependent world.
tend to respect at least the formal
equality of their members, executive Popular leadership
branches are typically pyramidal,  The popularity of the political executive,
organized according to a clear leadership more than any other part of the political
structure system, is crucial to the character and
 The distinction between political and stability of the regime as a whole
bureaucratic, or official, posts is most clear-cut  Quite simply, without support from the
in the case of parliamentary executives, where public, or from key groups in society, policy
differences in recruitment, responsibility, status
implementation becomes difficult, perhaps
and political orientation can be identified.
impossible
 The overlap is usually even greater in
presidential executives. In the USA, for
example, the president is the only elected Bureaucratic leadership
politician in the executive. 1. First, as political executives are staffed by
 On the one hand, there is the head of state, an politicians, they often lack the competence,
office of formal authority and largely symbolic managerial experience and administrative
importance. On the other, there is the head of knowledge to control a sprawling
government, or the chief executive, a post that bureaucratic machine effectively.
carries policy-making and political 2. Second, particular government departments
responsibilities. can develop their own interests, especially
 Whereas executive presidents, as in the USA, when they forge alliances with powerful
Russia and France, ‘wear two hats’, the posts in client groups.
parliamentary systems are usually separate.
Chapter 10 yarısı,12,13,14,15 government system regimes

3. Third, the bureaucracy as a whole can from that in presidential ones. Parliamentary
develop interests that are separate from executives have three essential features.
those of the political executive, encouraging  The unusual level of power wielded by
it to resist the control of its notional political prime ministers stems from various sources,
masters. including the following:
Crisis leadership o the level and range of their patronage
o their control of the cabinet system,
 A crucial advantage that the political especially their ability to set up and staff
executive has over the assembly is its ability cabinet committees
to take swift and decisive action. o their ability to dominate the assembly as
 When crises break out, in either domestic or leaders of the largest party, especially
international politics, it is invariably the when that party has majority control of
executive that responds, by virtue of its the lower chamber
hierarchical structure and the scope it o their position as head of the civil
provides for personal leadership. service, and the control this gives them
over the bureaucratic machine
WHO LEADS? o their direct access to the media, which
Presidents enables them to make personalized
appeals to the voters.
 A president is a formal head of state, a title
that is held in other states by a monarch or Cabinets
emperor. An important distinction, however,  Virtually all political executives feature a
must be made between constitutional cabinet of some sort. In France, the cabinet is
presidents and executive presidents. known as the ‘Council of Ministers’ and, in
Constitutional or nonexecutive presidents, China, it is called the ‘Politburo’. A cabinet is a
found in India, Israel and Germany, for committee of senior ministers who represent the
example, are a feature of parliamentary various government departments or ministries.
systems and have responsibilities confined  This term is not to be confused with ‘cabinet’, as
largely to ceremonial duties. used in France and the EU to denote small
 The best-known example of limited groups of policy advisers who support individual
ministers.
presidentialism is found in the USA, but
semi-presidential systems like those in
France and Finland also conform to this
model. THE POLITICS OF LEADERSHIP
 The ability of US presidents to get their way  In some respects, the subject of political
depends on four crucial relationships, leadership appears to be outdated. The
specifically those with: division of society into leaders and followers
o Congress is rooted in a predemocratic culture of
o the federal bureaucracy deference and respect in which leaders
o the Supreme Court ‘knew best’ and the public needed to be led,
o the media. mobilized or guided.
Prime ministers Theories of leadership
 Most of the political executives in the  Four contrasting theories of leadership can be
modern world can be classified as identified. Leadership can be understood as;
parliamentary executives. The structure and o a natural gift
form of executive power found in o a sociological phenomenon
parliamentary systems differs significantly
Chapter 10 yarısı,12,13,14,15 government system regimes

o an organizational necessity Greenstein (2009), is the key to establishing a


o a political skill successfull leadership style.

A natural gift
Styles of leadership
 The traditional view of leadership sees it as a  laissez-faire leadership
rare but natural gift. As Aristotle put it, ‘men are  transactional leadership
marked out from the moment of birth to rule or  transformational leadership
be ruled’. From this perspective, leadership is
strictly an individual quality, manifest in the
personalities of what were traditionally thought
of as ‘men of destiny’.
 He therefore identified four character types:
o active-positive
o active-negative
o passive-positive
o passive-negative.
A sociological phenomenon
 An alternative view of leadership sees it as a
sociological, rather than psycho - logical,
phenomenon. From this perspective, in other
words, leaders are ‘created’ by particular socio-
historical forces.
An organizational necessity
 The third theory of leadership sees it in largely
technical terms as a rational, or bureaucratic,
device. In this view, leadership is essentially an
organizational necessity that arises from the
need for coherence, unity and direction within
any complex institution.

A political skill
The final theory of leadership portrays it very
Assemblies
much as an artefact; that is, as a political skill
that can be learned and practised. Political  Assemblies (sometimes called ‘parliaments’ or
leadership, in this sense, is akin to the art of ‘legislatures’) occupy a key position in the
manipulation, a perhaps inevitable feature of machinery of government.
democratic politics in an age of mass ROLE OF ASSEMBLIES
communications.
 In practice, a bewildering variety of terms are
1. Obama was able to convey professionalism and used to describe political bodies with very
gravitas whilst also, as appropriate, using similar functions:
humour and self-deprecation. o Congress (USA), national assembly
2. Second, he demonstrated strong emotional (France), house of representatives
intelligence, the capacity that, according to
Chapter 10 yarısı,12,13,14,15 government system regimes

(Japan), parliament (Singapore),


congress of deputies (Spain) and so on.
 An assembly, in its simplest sense, is a
collection or gathering of people; as in, for
example, a school assembly. As a political term,
‘assembly’ has come to be associated with
representation and popular government, an
assembly, certainly in the French tradition, being
viewed as a surrogate for the people.
 To see these bodies as legislatures is to classify
them according to their primary function as law-
making bodies.
 The term ‘parliament’ (from the French parler,
meaning ‘to speak’) is sometimes preferred
because it avoids the limitations of the term
‘assembly’ and the confusion
 It implies that their defining feature is that they  During the fourteenth century, separate
are consultative or deliberative bodies. chambers (the House of Commons and the
Parliamentary, presidential and semi- House of Lords) were created to represent the
knights and burgesses on the one hand, and the
presidential systems barons and churchmen on the other
 One of the key features of any political system is  Parliament’s supremacy over the king was,
the relationship between the assembly and the nevertheless, not established until the Glorious
government and, therefore, the relationship Revolution of 1688, and its capacity to call
between legislative and executive authority. government to account not recognized until the
 In exceptional cases, a form of ‘assembly gradual emergence of a democratic franchise
government’ may develop in which executive during the nineteenth century.
and legislative power is vested in the assembly,  Similar parliamentary systems came into
there being no separate executive body existence in states such as Germany, Sweden,
 Such a system, for example, emerged briefly India, Japan, New Zealand and Australia.
under Robespierre and the Jacobins during the  Government is effective, In short, parliamentary
French Revolution, influenced by the radical executives can get things done.
democracy of Rousseau  However, responsible government is maintained
 In other cases, notably in orthodox communist because the executive can govern only as long as
regimes, both the legislative and the executive it retains the confidence of the assembly
bodies have been subordinate to the Responsible government: A government that is
unchallengeable authority of a ‘ruling’ party. answerable or accountable to an elected assembly
 However, assembly–executive relations more and, through it, to the people.
commonly conform to one of two institutional
Elective dictatorship: An imbalance between the
arrangements: parliamentary and presidential
executive and the assembly that means that, once
government
elected, the government is only constrained by the
need to win subsequent elections
Parliamentary system of government
Lobby fodder: A pejorative term denoting
assembly members who vote consistently and
unquestioningly as their parties dictate.
Immobilism: Political paralysis stemming from the
absence of a strong executive, caused by multiple
divisions in the assembly and (probably) society.
Chapter 10 yarısı,12,13,14,15 government system regimes

Checks and balances: Internal tensions within the


governmental system that result from institutional
fragmentation
 Parliamentary systems have also been linked
with weak government and political instability.
This usually occurs when the party system is
fractured, and it is often associated with highly
proportional electoral systems.
 The principal alternative to parliamentary
government is a presidential government .
Presidential systems are based on the strict
application of the doctrine of the separation of
powers, associated with Montesquieu. Functions of assemblies
 Outside the USA, US-style presidential systems
have been confined largely to Latin America.  assemblies provide a link between government
However, a ‘hybrid’, or semi-presidential, and the people, a channel of communication that
system was established in France during the can both support government and help to uphold
Fifth Republic. the regime, and force government to respond to
public demands and anxieties. The principal
 In this system, there is a ‘dual executive’ in
functions of assemblies are:
which a separately elected president works in
o legislation
conjunction with a prime minister and cabinet
drawn from, and responsible to, the National o representation
Assembly. o scrutiny
 The principal virtue of presidential systems is o political recruitment
that, by separating legislative power from o legitimacy
executive power, they create internal tensions Legislation
that help to protect individual rights and
liberties. As Hobbes (see p. 61) put it, ‘liberty is  Assemblies or parliaments are typically vested
power cut into pieces’. with legislative power in the hope that the laws
thus made will be seen to be authoritative and
 Turkey has also adopted a presential system
binding.
since 2018
 More significantly, assemblies exercise little
Superpresidentialism: A president-heavy positive legislative power.
constitutional order in which the presidency is o Legislative proposals and programmes
invested with great power and the assembly or
emanate, in the main, from the
parliament operates as a mere ‘rubber stamp’
executive, which has the organizational
coherence and access to specialist
advice and information necessary for
policy formulation.,
o The negative legislative power of
assemblies – that is, their ability to
Seperations of power reject or amend proposed laws – is also
limited. In cases such as the Dutch
States-General, up to half of all
 However, in the UK, government defeats in the
House of Commons are usually rare events. All
too often, legislation is passed through
assemblies, rather than by assemblies
Representation
Chapter 10 yarısı,12,13,14,15 government system regimes

 Assemblies play an important representative role of political leaders, thus giving them experience
in providing a link between government and the of political debate and policy analysis.
people. Legitimacy
 In the eighteenth century, this was expressed by  The final function of assemblies is to promote
the slogan adopted by the 13 American colonies the legitimacy of a regime by encouraging the
that rebelled against British rule: ‘no taxation public to see the system of rule as ‘rightful’
without representation’  This is why most authoritarian and, even,
 The extension of the franchise and the eventual totalitarian states tolerate assemblies; though, of
achievement of universal adult suffrage turned course, those that have no legislative
assemblies into popular forums, bodies that independence or policy-making power.
‘stood for’ the people themselves.  In addition to having propaganda value,
 For this reason, the power of an assembly within assemblies may also perform more creditable
the political system is usually seen as an educational functions.
important index of democratic government.  Parliamentary debates can help to inform and
However, it is less clear how this representative instruct citizens about the affairs of government
function is carried out in practice. and the major issues of the day.
Scrutiny and oversight STRUCTURE OF ASSEMBLIES
 While the legislative and representative roles of 1. For example, their members may be elected or
assemblies have declined in significance, greater appointed, or they may contain both elected and
emphasis has been placed on the ability of appointed members.
assemblies to constrain or check executive 2. The franchise may be restricted or universal, and
power. various electoral systems may be used. The sizes
 Assemblies have increasingly become of assembly also vary considerably.
scrutinizing bodies, the principal role of which is 3. The tiny republic of Nauru, in the West Central
to deliver responsibility or accountability. Pacific, has an assembly of 18 members, each of
 Most assemblies have developed institutional whom represents approximately 518 people. At
mechanisms designed to facilitate this role. the other extreme, there is the almost 3,000-
 However, assemblies are not always effective in member National People’s Congress in China, in
calling executives to account. which one member represents over 433,000
 In the National People’s Congress in China, for people.
example, control by a monopolistic party has Unicameralism: The principle or practice of having
turned the assembly into a mere propaganda an assembly composed of a single legislative
weapon, with government policy nearly always chamber
being approved by unanimous votes. Party Bicameralism: The principle or practice of
discipline also con strains parliamentary scrutiny fragmenting legislative power through the
elsewhere. establishment of two (in theory, co-equal) chambers
Recruitment and training in the assembly.
 Assemblies often act as major channels of Do assemblies make policy?
recruitment, providing a pool of talent from  The key issue here is the nature of assembly–
which leading decision-makers emerge. executive relations and the distribution of power
 In parliamentary systems, however, service in between the two major branches of government.
the assembly is a required career path for On this basis, the assemblies of the world can be
ministers and prime ministers, who then classified into three broad categories:
continue to hold their assembly seats alongside 1. policy-making assemblies, which enjoy
their executive offices. significant autonomy and have an active
 In many developed and developing states, impact on policy
assemblies recruit and train the next generation
Chapter 10 yarısı,12,13,14,15 government system regimes

2. policy-influencing assemblies, which  Unicameralism ; the principle or


can transform policy but only by practice of having an assembly
reacting to executive initiatives composed of a single legislative
3. executive-dominated assemblies, chamber
which exert marginal influence or  Bicameralism; the principle or
merely rubber-stamp executive practice of fragmenting legislative
decisions power through the establishment of
Why are assemblies in decline? two (in theory, co-equal) chambers
in the assembly.
 There is, nevertheless, general agreement that, 5. What kind of role do committees
during the twentieth century, the power and play in assemblies?
status of assemblies changed, and usually for the
worse. Whether this amounts to a general
decline of assemblies, or, rather, a shift in their
purpose or function, is another matter. The
principal factors that have brought about
these changes are the following:
 the emergence of disciplined political parties
 the growth of ‘big’ government
 the organizational weaknesses of assemblies
 the rise of interest-group and media power.

 How do assemblies differ?


1. Are their members elected or
appointed?
For example, their members may be
elected or appointed, or they may
contain both elected and appointed
members.
2. What kind of electoral system is
used? Is the franchise or
universal?
The franchise may be restricted or
universal, and varius electoral system
may be used.
3. What is the size of the assembly?
 The tiny republic of Nauru, in the
West Central Pasific, has an
assembly of 19 members, each of
whom represents approximately 592
people.
 At the other extreme, there is the
almost 3,000-member National Constitutions, Law and Judges
People’s Congress in China, in
which one member represents over KEY ISSUES
482,000 people.
4. Does unicameralism or  What is a constitution, and what forms can it
take?
bicameralism prevail?
Chapter 10 yarısı,12,13,14,15 government system regimes

 What is the purpose of a constitution?  More broadly, constitutionalism is a set of


political values and devices that fragment power,
 To what extent do constitutions shape political
thereby creating a network of checks and
practice?
balances.
 What is the relationship between law and  Examples of such devices include codified
politics? constitutions, bills of rights, the separation of
 What is the political significance of the courts? powers, bicameralism, and federalism.
 Can judges keep out of politics? Should judges CONSTITUTIONS
keep out of politics? Constitutions: their nature and origins
Constitution  The idea of a code of rules providing guidance
A constitution is, broadly, a set of rules, written and for the conduct of government has an ancient
unwritten, that seek to establish the duties lineage.
1. powers and functions of the various institutions  These codes traditionally drew on the idea of a
of government higher moral power, usually religious in
2. regulate the relationships between them character, to which worldly affairs were
3. define the relationship between the state and the supposed to conform.
individual o Egyptian pharaohs acknowledged the
 The balance between written (legal) and authority of Ma’at or ‘justice’
unwritten (customary or conventional) rules o Chinese emperors were subject to Ti’en
varies from system to system or ‘heaven’
 The term ‘constitution’ is also used more o Jewish kings conformed to the Mosaic
narrowly to refer to a single, authoritative Law
document (a ‘written’ constitution), the aim of o Islamic caliphs paid respect to Shari’a
which is to codify major constitutional law.
provisions; it constitutes the highest law in the  Not uncommonly, ‘higher’ principles were also
land. enacted in ordinary law, as seen, for example, in
the distinction in the Athenian constitution
Convention
between the nomos (laws that could be changed
 A convention, in everyday language, is either a only by a special procedure) and the
formal political meeting, or an agreement psephismata (decrees that could be passed by a
reached through debate and negotiation. resolution of the assembly).
 A constitutional convention, however, is a rule  However, such ancient codes did not amount to
of conduct or behaviour that is based not on law, constitutions in the modern sense, in that they
but on custom and precedent. generally failed to lay down specific provisions
 These non-legal rules are upheld either by a relating to the authority and responsibilities of
sense of constitutional propriety (what is the various institutions, and rarely established
‘correct’), or by practical circumstances (what is authoritative mechanisms through which
‘workable’) provisions could be enforced and breaches of the
 Conventions of this sort exist in all fundamental law punished.
constitutional systems, usually providing  Constitutions are thus best thought of as a
guidance where formal rules are unclear or relatively recent development. Although the
incomplete, but they are particularly signify evolution of the British constitution is
 cant in ‘unwritten’ constitutions. sometimes traced back to the Bill of Rights of
Constitutionalism 1689 and the Act of Settlement of 1701, or even
to the Magna Carta (1215)
 Constitutionalism, in a narrow sense, is the
practice of limited government ensured by the  The ‘age of constitutions’ was initiated by the
existence of a constitution. enactment of the first ‘written’ constitutions: the
US constitution in 1787 and the French
Chapter 10 yarısı,12,13,14,15 government system regimes

Declaration of the Rights of Man and the Citizen  Codified constitution: A constitution in which
in 1789. key constitutional provisions are collected
 The enactment of a constitution marks a major together in a single legal document, popularly
breach in political continuity, usually resulting known as a ‘written constitution’ or ‘the
from an upheaval such as a war, revolution or constitution’.
national independence.  Statute law: Law that is enacted by the
Classifying constitutions legislature.
Constitutions can be classified in many different  Uncodified constitution: A constitution that is
ways. These include the following. made up of rules drawn from a variety of
sources, in the absence of a single authoritative
 the form of the constitution and status of its document.
rules (whether the constitution is written or  Common law: Law based on custom and
unwritten, or codified or uncodified) precedent; law that is supposedly ‘common’ to
 the ease with which the constitution can be all.
changed (whether it is rigid or flexible)
Parliamentary sovereignty
 the degree to which the constitution is observed
in practice (whether it is an effective, nominal or  Parliamentary sovereignty refers to the absolute
façade constitution) and unlimited authority of a parliament or
 the content of the constitution and the legislature, reflected in its ability to make,
institutional structure that it establishes (whether amend or repeal any law it wishes.
it is, for example, monarchical or republican,  Parliamentary sovereignty is usually seen as the
federal or unitary, or presidential or central principle of the UK constitution, and
parliamentary) results from
Written and unwritten constitutions 1. the absence of a codified constitution,
2. the supremacy of statute law over other
 Written constitutions are, in theory, con - forms of law,
stitutions that are enshrined in laws, while 3. the absence of rival legislatures
unwritten constitutions are supposedly embodied 4. the convention that no parliament can
in custom and tradition bind its successors.
o Only three liberal democracies (Israel,  Popular sovereignty: The principle that there is
New Zealand and the UK) continue to no higher authority than the will of the people,
have unwritten constitutions, together directly expressed
with a handful of non-democratic states
such as Bhutan, Saudi Arabia and The purpose of a constitution
Oman.  Not only do the vast majority of states have
 Every constitution, then, is a blend of written constitutions, but also most institutions and
and unwritten rules, although the balance organized groups have rules that have some kind
between these varies significantly of constitutional effect.
o In countries such as France and  This applies in the case of international bodies
Germany, in which constitutional such as the United Nations and the European
documents act as state codes, specifying Union, and is also true of regional and
in considerable detail the powers and provincial government, political parties, interest
responsibilities of political institutions, groups, corporations, churches, clubs and so on.
the emphasis is clearly on written rules.  The popularity of these constitutional rules
o The US constitution (the world’s first draws attention to the fact that constitutions
written constitution) is, however, a somehow play a vital role in the running of
document of only 7,000 words that organizations.
confines itself, in the main, to broad
they have a number of functions and are used in a
principles, and so lays down only a
variety of ways. The most important of these are to:
loose framework for government.
Chapter 10 yarısı,12,13,14,15 government system regimes

 empower states  The rule of law is the principle that the


 establish unifying values and goals law should ‘rule’, in the sense that it
 provide government stability establishes a framework to which all
conduct and behaviour must conform.
 protect freedom
 This requirement applies equally to all
 legitimize regimes.
the members of society, be they private
Bill of rights citizens or government officials.
 A bill of rights is a constitutional document that THE JUDICIARY
specifies the rights and freedoms of the
 The judiciary is the branch of
individual, and so defines the legal extent of
government that is empowered to decide
civil liberty
legal disputes. The central function of
 Entrenched bills of rights can be distinguished judges is therefore to adjudicate on the
from statutory ones. meaning of law, in the sense that they
 An entrenched bill of rights is enshrined in interpret or ‘construct’ law.
‘higher’ law and, thus, provides the basis for
Judicial independence: The constitutional
constitutional judicial review
principle that there should be a strict
 A statutory bill of rights, or statute of rights, can separation between the judiciary and other
be amended or repealed through the same branches of government; an application of
processes as other statute laws. Unlike an the separation of powers
entrenched bill of rights, it does not breach
parliamentary sovereignty. Judicial review
Negative rights: Rights that mark out a realm of  The power of judicial review is the
unconstrained action, and thus check the power of the judiciary to ‘review’, and
responsibilities of government. possibly invalidate, the laws, decrees
Positive rights: Rights that make demands of and the actions of other branches of
government in terms of the provision of resources government
and support, and thus extend its responsibilities.  In its classical sense, the principle stems
from the existence of a codified
Human rights constitution and allows the courts to
 Human rights are rights to which people are strike down as ‘unconstitutional’ actions
entitled by virtue of being human that are deemed to be incompatible with
 they are a modern and secular version of ‘natural the constitution.
rights’. Human rights are  A more modest form of judicial review,
1. universal (in the sense that they belong found in uncodified systems, is
to human beings everywhere, regardless restricted to the review of executive
of race, religion, gender and other actions in the light of ordinary law using
differences) the principle of ultra vires (beyond the
2. fundamental (in that a human being’s powers) to determine whether a body
entitlement to them cannot be removed) has acted outside its powers.
3. indivisible (in that civic and political
rights, and economic, social and cultural Judicial activism: The willingness of judges to
rights are interrelated and co-equal in arbitrate in political disputes, as opposed to merely
importance) saying what the law means
4. absolute (in that, as the basic grounds
for living a genuinely human life, they
cannot be qualified). PARTY SYSTEMS
Rule of law
Chapter 10 yarısı,12,13,14,15 government system regimes

 Party system: A relatively stable network of


relationships between parties that is structured
by
 The most familiar way of distinguishing
between different types of party system is by
reference to the number of parties competing for
power. their number, size and ideological
orientation.
o ‘one-party’,
o ‘two-party’
o ‘multiparty’
Dominant-party systems
 Dominant-party systems should not be confused
with one-party systems, although they may at
times exhibit similar characteristics. A
dominant-party system is competitive in the
sense that a number of parties compete for
power in regular and popular elections, but is
dominated by a single major party that
consequently enjoys prolonged periods in
power.
Coalition
 A coalition is a grouping of rival political actors
brought together either through the perception of
a common threat, or through a recognition that
their goals cannot be achieved by working
separately. Electoral coalitions are alliances
through which parties agree not to compete
against one another, with a view to maximizing
their representation. Legislative coalitions are
agreements between two or more parties to
support a particular bill or programme.
Governing coalitions are formal agreements
between two or more parties that involve a
cross-party distribution of ministerial portfolios.
A ‘grand coalition’ or ‘national government’
comprises all major parties

DECLINE OF PARTIES?
 Evidence of a ‘crisis of party politics’ can be
found in a decline of both party membership and
partisanship, reflected in partisan dealignment.

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