Separation of Power

SYSYTEM OF GOVERNANCE
SYSTEM OF THE STATE GOVERNANCE
What is a system ?
 SYSTEM MEANS

Arrangement of things to
form a unity or an organic
whole.
Arrangement of things in a
regular ,orderly form to carry
out a function.
Why do we need a system ?
System is required to get things
done in the best possible way.

Best system ---- Best result.

Bad system ---- Bad result.
STATE GOVERNANCE
WHAT A STATE REQUIRES
TO GOVERN ?
 STATE IS REQUIRED TO GOVERN

❑ State Governance is
required to save its citizens.
From whom a State is
required to save its
citizens ?
From external and internal
security threats to its citizens.

Does a citizen needs safety in

other areas of his life ?
Citizens demand safety
from the State against the
poverty, diseases,
illitracy,etc…….
State requires to maximize
welfare of its citizens.

HOW MAXIMIZATION…?
 State can maximize
welfare of its citizens by
adopting the best system
of the State Governance .
Which are the
standardized systems of
the State Governance?
 STANDARDIZED SYSTEMS OF THE
STATE GOVERNANCE

•PARLIAMENTARY SYSTEM
•PRESIDENTIAL SYSTEM
How will you organize yourselves
against the aggression ?
• Will you require a leader?

• Do you require to follow his

directions?
In case of permanent
threat… will you require
to have a constant
arrangement…?
May we call such
constant arrangement
as an institution?
State is to govern
( control) the issues.
STATE IS GOVERNED THROUGH
INSTITUTION
OR
INSTITUTIONS
Why Institutions ?
Which institutions have
developed so far for
Governance of a Democratic
State ?
Fundamental
Institutions(Organs) of a
State
 Organs of a State
• Legislature
• Executive ( Government)
• Judiciary
State Powers?
 State Powers

1. Legislative Power
2. Executive Power
3. Judicial Power
 Should the State Powers
be in one hand ?
1. Legislative Power
2. Executive Power in one hand
3. Judicial Power
Separation of Power
•Why Legislature ?
Why Executive
( Government) ?
Why Judiciary ?
‘Separation of Powers’ under
two state governance systems.
 State Governance Systems

1.Parliamentary
System
2.Presidential System
PARLIAMENTARY SYSTEM
PARLIAMENT MEANS:
 PARLIAMENT MEANS

•A formal conference
concerned with the public
affairs.
•The National Legislature
comprising of the public
representatives.
System before
Parliament
BEFORE PARLIAMENTNTRY SYSTEM

▪ King was having all powers of

the State.
▪ He was law maker.
▪ He was law enforcer.
▪ He was supreme judge ( He and
his officers were not accountable
to the courts).
Evolution of
Parliamentary
System
ST
1 Stage
King will not make laws.
King will enforce
the laws only .
Law makers and law
enforcers should not be
same.
Parliamentary
system hails from
Britain.
King is sovereign
or parliament ?
KING IN PARLIAMENT
British Parliament became
sovereign and the king
(earlier sovereign)
surrendered his sovereignty
to the Parliament.
Growth of the
Parliament in Britain.
Evolution of Feudal
System in England
 Feudal System in England

The feudal system

evolved in England
following the Norman
th
Conquest in 11
centaury.
Normans created a layer
between king and people
and they were the feudal
( religious and landed
influential) and created a
system to this effect.
The Feudal were given
the king’s taxation
and penal powers
Archbishops, bishops,
abbots, barons and
earls were pillars of the
feudal system.
The English Feudal
(monarchs )united
against the King
 th
Post-11 Centuary
English Monarchs
 Great Council

In order to seek consultation and

consent from the nobility and
the senior clergy on major
th
decisions, post 11 centuary
English monarchs were termed
as Great Council.
Magna Carta
In 1215, the feudal secured
Magna Carta from King John,
which established that the king
might not levy or collect any
taxes, save with their consent,
which gradually developed into
a parliament[ House of Lords].
King towards
reducing powers of
the lords.
Commoners in politics
 In 1275 King Edward - I invited
representatives from every shire
and town in England.
The persons entitled to attend the
king’s meeting were to be the
elected representatives.
When the representatives arrived, they
met in five different groups:
(1) the prelates (bishops and abbots);
(2) the magnates (earls and barons);
(3) the inferior clergy;
(4) the knights from the shires;
(5) the elected citizens( the common)
from the towns.
Growth of the House
of Common
In 1341 the Commons met separately from the
nobility and clergy for the first time in history
and got recognition from the king.
It created an Upper Chamber ( sitting in front)
and a Lower Chamber, with the knights and
burgesses (sitting in the latter).
This Upper Chamber became known as the
House of Lords from 1544 onward, and the Lower
Chamber became known as the House of
Commons, collectively known as the Houses of
Parliament.
In 1548, the House of
Commons was granted a
permanent meeting
place by the Crown.
The Common
became stronger
Conflicts between the King and
the Parliament (for the most part,
the House of Common) ultimately
led to the English Civil War during
the 1640s (Oliver Cromwell was a
Parliamentary commander during the
British Civil Wars)
Charles I (King) was
execution in 1649.
• Charles I succeeded his father
James I in 1625 as King of
England and Scotland.

• During Charles' reign, his actions

frustrated the Parliament and
resulted in the wars of the
English Civil War, eventually
leading to his execution in 1649.
King Charles I
King Charles was beheaded(1649)
On 19 March 1649, the House of Lords was
abolished by an Act of Parliament, which
declared that "The Commons of England find by
too long experience that the House of Lords is
useless and dangerous to the people of England."
The House of Lords did not assemble again until
the Convention Parliament met in 1660 and the
monarchy was restored by the Commoners.
King, Lords, and
Commoners
What do you know
about Westminster?
Westminster Palace
Westminster Palace
The Palace of Westminster serves as
the meeting place for both the House of
Commons and the House of Lords.
Westminster
Palace was the
King’s palace
The King was forced to
leave the Palace of
Westminster for the
Parliament in 1530.
People in
Westminster
( people are
sovereign not king)
Henry -VIII was the last
monarch to use the
Palace of Westminster as
a place of residence.
King shifted to
Whitehall palace.
The Palace of Whitehall
was the main residence of
the English monarchs in
London from 1530 until
1698.
Now the Queen’s
residence is
Buckingham Palace.
The House of Lord was
made ineffective.
The Parliament Acts of
1911 and 1949 effectively
abolished the power of the
House of Lords to reject
legislation.
Growth of the
Executive.
Appointment of the
Executive[ ministers]
by King.
King was having absolute
powers in appointment of
his ministers.
Privy Council
 Privy Council

The word "privy" means "private" or

"secret"; thus, a privy council was
originally a committee of the
monarch's closest advisors to give
confidential advice on affairs of the
state.
 Privy Council
During the reigns of the Norman
monarchs[ 11th century], the English
Crown was advised by a royal court
and known as Privy Council.
By the end of the English Civil
War[1649], the monarchy:
House of Lords and Privy
Council were abolished.
King was forced to
surrender his power of
appointing ministers.
Council of State
After end of the Civil War ,the House of
Commons, instituted a Council of State to
execute laws and to direct administrative
policy.
The forty-one members of the Council were
elected by the Commons; the body was headed
by Oliver Cromwell ,the de facto military
dictator of the nation.
 Parliament[ House of Common]
got power to appoint its own
Executive (Ministers) from its
members and King became
ceremonial.
Cabinet system
th
18 Centaury
 Cabinet system

• Since the reign of King George I&II [18th

centaury] the Cabinet has been the principal
executive group of British government.
• Both George I & II made use of the system,
as both were non-native English speakers,
unfamiliar with British politics, and thus
relied heavily on selected groups of advisers.
• The term "minister" came into being since
the royal officers "ministered" to the King.
 Cabinet system

During the reign of George-I, the powers of

the monarchy diminished and Britain began a
transition to the modern system of cabinet
government led by a prime minister.
Towards the end of his reign, actual power
was held by Robert Walpole, Britain's first de
facto prime minister.
 Cabinet system

The modern Cabinet system was set up by Prime

Minister David Lloyd George during his
premiership 1916–1922, with a Cabinet Office
and Secretariat, committee structures,
unpublished minutes, and a clearer relationship
with departmental Cabinet Ministers.
(The formal procedures, practice and
proceedings of the Cabinet remain largely
unpublished, but not secret.)
Executive from the
House of Common
• In U.K. Executive power and Legislative
power came in one hand again.

• Parliament replaced King.

Was there any difference ?

When legislative power and
executive power are in one hand….

What about their accountability?

In Britain, Parliament( for laws)
and Political Executive( for
Policy) are not accountable to
the Courts?
HOW DO YOU RATE
GOVERNANCE
SYSTEM OF U.K.
PRESIDENTIAL SYSTEM
Presidential System
evolved from USA
 Presidential System of USA
• Law makers are directly elected
(Congress-House of Representative,Senate).
• Executive (President) is directly elected.
• Cabinet consists on the discretion of the
President .Mostly members are technocrats.
• President can not be removed through ‘vote of
no confidence’ like Pakistan, or India.
• Executive can interfere in law making.
• Legislature makes laws.
• Executive makes policies and implement the
laws.
 PRESIDENTIAL SYSTEM

• Law making in one hand.

• Law enforcement in another hand.
• Both are independent.
But the question of their
accountability ?
 PRESIDENTIAL SYSTEM

Accountability of the
both by the Judiciary.
 PRESIDENTIAL SYSTEM

• President and his Ministers ( Executive) are

not part of the Parliament .
• Executive is not accountable to the
Parliament.
• More separation of powers among the
Organs of State.
Parliamentary System
 Parliamentary System of UK
• Law makers are directly elected (House of Common,
House of Lord –indirectly elected).
• Executive ( P.M.) is 1st directly elected as a member
of Lower House,then elected by members of the
Lower House.
• Cabinet formed on discretion of the P.M.but its
member must be elected.
• P.M. can be removed through ‘vote of no
confidence’ like Pakistan, or India.
• Executive is part of law making. P.M. is Leader of
House in Parliament.
• Legislature makes laws.
• Executive makes policies and implement the laws.
HOW DO YOU RATE
GOVERNANCE UNDER BOTH
SYSYEM ?
Parliamentary form of
system of State
Governance is followed
by Pakistan ?
Q-1: Under the Constitution of Pakistan ,how do
you see ‘Separation of Power’ among three
organs.
( Ref: Part III Federation of Pakistan: Chapter 3
(Parliament Articles-51-53,59,60,62,
63.63A,142), Schedule IV-Federal Legislative
List.)
(Ref : Federal Govt: Article 90-100)
(Ref: Supreme Court: Art 175 -191)
Q-2 Write about ‘Separation of power’ under
both Parliamentary System and Presidential
System.