Faculty of Law

(FOL)

PGP 0022
Introduction to Politics & Governance

Foundation in Law

ONLINE NOTES

Chapter 3

Types of Political System

FOl , MULTIMEDIA UNIVERSITY (436821-T)

MELAKA CAMPUS, JALAN AYER KEROH LAMA, 75450 MELAKA
MALAYSIA.
PGP0022 Introduction to Politics & Governance Chapter 3

CHAPTER 3: TYPES OF POLITICAL SYSTEM

1) NATURE OF DEMOCRACY

• Derived from 2 Greek roots

“demos”=people and “kratia” = connotes rule

• Literally means-rule by the people

• For a society to be democratic-a large number of its people must enjoy the
right to have some say over important decisions that affect their lives

• In other words, democratic gov. is based on the consent governed.

• Abraham Lincoln define democracy as:

“ the government of the people, by the people and for the people”.

• Austin Ranney defines it as:

“a form of government organized in accordance with the principle of popular

sovereignty, political equality, popular consultation and majority rule”

• Democracy-characterized by 4 features:

a) Ultimate power to make political decisions-vested in all the people

a) Each adult citizen has the same opportunity to participate in the decision
making process. This means “one person one vote”

a) Public policies are made only after ascertaining the wishes of the people

a) All political decisions must be made according to the wishes of the majority

2) TYPES OF DEMOCRACY

• On the basis of relationship between the Exec. and Legislature, democracies

are classified into two types:

a) The Parliamentary System

b) The Presidential System

• The Parliamentary System

i- A system in which the executive and legislative are “fused”.

ii- Great Britain – the leading example of a Parliamentary system

iii- Others :Canada, Malaysia, India, Bangladesh & ors adopted this system.

• The Presidential System

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i- The one where the 2 branches (Executive & Legislature) are separated from each
other.

ii- US – the major representative of the presidential / congressional system.

Iii- Others:
Indonesia & Philippines.

a) Parliamentary System

Definition of “Parliamentary System”:

“ A representative system that features fusion rather than separation of executive

and legislative institutions and powers”.

• Most countries have a Parliamentary form of government.

• Citizens – in these countries do not vote directly for a Chief Executive.

• They vote for legislative representatives / members of Parliament who are

organized into one or more political parties.

• Chief Executive is:

*PM –as in Canada, M’sia, Britain
*Premier - Italy

• PM – selects the other ministers of the gov.-who constitutes the Cabinet.

• Each Cabinet Minister responsible for administering a particular department of

Gov.
i- Education
ii- Labor
iii- Foreign affairs
iv- Defence
v- Treasury

CHARACTERISTICS OF THE PARLIAMENTARY SYSTEM

1. The Executive is divided into 2 parts :dignified & efficient.

2. The Head of State of gov. (Monarch or President) appoints the Head of
Governments.
3. The Head of Gov. (PM or Premier) appoints the Ministry.
4. The system based upon-principle of ‘fusion of powers’
5. Ministers – usually members of Parliament.
6. Head of Gov. may advise the Head of State to dissolve Parliament.
7. Gov. – collective body and responsible to the assembly.
8. Gov. (as a whole) – indirectly responsible to the electorate

ESSENTIAL CRITERIA OF PARLIAMENTARY SYSTEM

1) Distinction between the “dignified” and “efficient” aspects of government:

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• “Dignified/ceremonial leadership”
- centers upon the HOS

• “Efficient leadership”
- rest with a team of ministers
- headed by a PM and accountable to Parliament

• Britain & Malaysia:

= The HOS is the monarch

• Australia, Canada, New Zealand & several other Commonwealth countries.

= The HOS – still a Governor-General acting in the Queen’s name.

• The role of monarchy – purely symbolic & ceremonial

• The monarch still appoints the PM after general election –though in reality he
is always a leader of the majority party in the Parliament.

• On most occasion-HOS-has little discretion in the matter.

2) “Executive is drawn from the national assembly & ultimately responsible to it.”
• Gov. holds office – as long as it retains the confidence of the assembly.
• If that confidence is withdrawn, the gov. is expected to resign.

• Procedure:

i- Either a new gov. is formed; or

ii- The assembly is dissolved & fresh elections are held for a new gov.
• Canada, Britain & M’sia

-The Executive consists of the PM & a Cabinet –which responsible for policy
formation & for the administration of the various gov. departments.

= A Parliamentary executive is a plural executive but they act according to a

convention known as Collective responsbility.

“Collective responsibility”

-The decision taken in Cabinet are potrayed as collective decision which all members
support and agree with.

-All the ministers collectively share responsibility for the decision agreed by the
Cabinet.

3) No clear Separation of power exist

• No clear Separation of power exist and indeed the Executive is located

primarily within legislature.

• PM- not only Head of Government

- Leader of his party

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- Leader of the Parliamentary majority

• Ministers (Cabinet) – members of either House of Representative / House of

Senate

b) Presidential System

• Presidential system – organized according to principle of Separation of

Powers.
• Responsibilities of leadership are vested in the Chief Executive, the President,
elected for a fixed term and independent of the legislature.
• President – both Chief Executive & Head of State.
• Chief Executive is isolated from the legislature.

CHARACTERISTICS OF THE PRESIDENTIAL SYSTEM

1. The Executive is a President elected by the people for a fixed term (4 - 5

years).

2. The Head of Government is the Head of State.

3. The President appoints Head of Departments who are responsible to the

President. The President cannot dissolve or coerce the assembly.

4. The assembly is ultimately supreme over the other branches of government.

5. The system is based on the principle of Separation of Powers i.e the division
of government power among coequal executive, legislative and judicial branches.

6. The executive is directly responsible to the electorate.

7. There is no focus of power in the political system.

ESSENTIAL CRITERIA OF PRESIDENTIAL SYSTEM

1) The Chief Executive is chosen by the people – not by Legislature (as in

Parliamentary system).

• He selects his Cabinet officers, and in turn they are accountable to him and
not to the legislature.

• The legislature cannot dismiss the government, except under the unusual
circumstances of conviction of the president following impeachment by the
legislative branch.

2) There is a clear separation of power between executive, legislative and judiciary.

• The chances of tyranny or dictatorship are reduced in so far as legislative,

executive and judiciary (branches of government) are separated in terms of
institutions and personnel

3) Direct election of the executive by the electorate

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3) UNITARY SYSTEM

• A unitary state is one in which all the sovereign power resides in the central
or national government.
• There are smaller units of government such as states or provinces but they do
not have the authority to make independent decisions.
• In other words, all units of government below the national level are merely its
subdivisions.
• The features of the unitary government are as follows:

a) Formal power and authority is located at the national centre and sub-
national government and other local units do not exercise any political powers
independently of the central authority.
b) The local or regional units of government exercise powers and authority
that are delegated to them by the centre and may also be withdrawn by it.
c) The central government may at any time re-draw or abolish the boundaries
of local or regional units.
d) The actions and policies of the central government control and override the
policies and actions of sub-national levels of government.

4) FEDERAL SYSTEM

• The word “federal’ comes from the Latin foedris, meaning “league”. It implies
an alliance of various units and people of a state.
• A federal state is one in which there exists at least two sets of government,
and there is a division of governmental powers between the national
government and constituent units (states, provinces, republics, regions or
cantons).
• Federalism has the following features:
a) Two sets of government, one is called central or national government while
the other is provincial, regional or unit government. Each government is
independent of the other within their own jurisdiction.
b) There is a division of power between the central and regional governments.
This division of power is clearly spelled out in the Constitution.
c) The Constitution is the supreme law of the land and any legislation no in
conformity with the provisions of the Constitution is deemed invalid. It,
therefore, follows that the Constitution must almost necessarily be a written
and a rigid Constitution.
d) The Court has the power of Judicial Review. The courts should have the
authority to interpret the constitution. In this respect, the courts will decide
disputes of jurisdiction arising between the central government and regional
governments or among regional governments and will keep different
governments within their limits so that none may encroach upon the
jurisdiction of the other.

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