& . Citizen
Definition:
> A person with certain rights and duties under a government.
> A native or naturalized person who owes allegiance to a
government and is entitled to protection from it.
‘+ The founder of political science Aristotle says that, “A person is
a citizen who takes active part in the administrative affairs of
the city-state.”
<%+ Professor Laski says, “A person is a citizen who enjoys the
.. facilities of the state and pays obedience to state.”
By birth: Those who acquire citizenship by birth are called the
citizens by birth.
I., By.naturalization or formal grant: Those who acquire citizenship on
the approval, of law, fulfilling various conditions of a state are called
___ypThe method of acquiring citizenship:
9
the naturalized citizens. Solelbgent: A.gord citiren 6 Intelligent
Anoughta shdt good from bad amd takes a dispassionae
eae Mic) cto everything . He 5 educated «His education.
of a good citizen: a ‘
Qualities g enobus im to ploy Ws pont in the
socely mere sucessful amd vseful+
I. Intelligent
i. nace Suef contol. A amd citirer is sobre ceny
. Conscien TA temperament amd Cxeruces self
IV. Obeys the law/ respects authority contng| ta
Ws pueve déabrg
5
V. Performs Civic duty He posgecses @ diset pined chanocen -
VI. Patriotism
Vil. Tolerance Re doesvret indulge Tn vicious
Vill. Accountability habits. He is set¢ confidant
IX. Moral courage Ww itheyt tating ae
X. Responsibilityim
4 Rights of a citizen:
According to prof. laski,” Rights are these conditions of social life :
without which no man can sick in general to be himself at his best.
The rights of a citizen are generally divided into two broad categories
as:
1. Moral rights and 2. Legal rights.
Moral rights: The rights that are created from the rules of society
and conscience are called moral rights. If the moral rights are
violated, the society hates or criticizes. But there is no provision for
inflicting punishment for it.
Legal rights: The rights created and approved by the state are called
legal rights. For the violation of this right the violator is punished.
Civics deals with the legal rights.
Legal rights is again divided into three divisions as:
a)-Civil rights; aa a inn
b) Political rights and
c) Economical rights.
Civil rights: The rights which help the citizens to lead a civil and
proved life and the rights which are indispensably necessary for safety
and security are called the social rights. The main social rights are
discussed below:
1. Right to security of life: The right to security of life is the right to life.
Unless there is the safety of life other rights become meaningless. It
is the responsibility of the state to save the life of the citizens.
2. Right to property: The right to property means to acquire property,
to enjoy property and the facilities to transfer property, The meaning
of this right is that one’s property is not to be encroached upon or
plundered by others. It is the responsibility of the state to give
security of property. ‘
3. The right to move: All the citizens have the right to move freely
everywhere in the state. This is a fundamental right. But if the freemovement of the individual becomes the cause of harm to the siate,
the state can debar him from that.
4. Right to express opinion: This right is the right of freedom to express
opinion. This is an important right because without this right
democracy cannot work. But if the opinion is anti-state or
destructive, the state can control it.
Freedom of the press: This is the right to express opinion freely
through newspapers or books. Newspapers criticizes the government
activities and policies. They publish opinions of the government or
opposition. These are necessary to form public opinion. In a
democratic state this is an important right.
6. Right to meeting: The state recognizes the right of holding meetings
on different matters. But if the holding of meetings are anti-state or
with unlawful motive, the state can control those activities.
7. Right to contract: The citizens have the right to contract for trade
and commerce, transfer of property or any other matter. The state
helps the citizens to maintain the terms of the contract.
8. Right to form family: Right to form family is indispensably necessary
for a civilized society. To marry, to produce children, to bring up
them and the inheritance are under this right.
9. Right to religion: With the right to religion the citizens at their own
will can accept religion, perform the religious rites and preach their
religion. Others cannot put obstruction to it.
w
10.Equity in the eye of law: The rich and the poor, the strong and the
weak- all must obey the law of the state. For committing crime all will
suffer the punishment.
11.Right to health and education: For the development of life, health
and education are indispensably necessary. The state must ensure the
security of public health providing treatment of illness, cleanness,
nutrition and safe drinking water. Education makes worthy and
conscious citizen. Every citizen has the right to education.
12.Right to culture and language: Every citizen has the right to
maintain the identity of his own culture and language. This right isindispensably necessary for the citizens of all religion and community to \
maintain their own independence and identity.
Political rights: The facilities by which the individual can actively
participate in conducting the administration of the state are called
the political right. Some important political rights are discussed
below:
1. Right to live: Every citizen has the right to live in any corner of the
state without encroaching upon the right of other citizens and not
doing any harm to the state.
2. Right to vote: In a democratic state, every adult citizen is given
the right to vote. By the use of this right, citizens elect the
government of their choice. This right is given only to the adults
i.e. persons above a particular age of 18 years or 21 years.
3. Right to elected: In a democratic state every citizen is also given
the right to get elected to any public office. He can get elected to
a legislature, or municipal corporation/ municipal committee or
panchayat and work as its member. Some qualifications are
however fixed for seeking election.
4. Right to hold public office: citizens also have the right to hold
public offices after getting elected as representatives of the
people. While fixing qualifications, no discrimination is made and
proper care is taken that only competent persons may get elected.
5. Right to petition: Citizens have the right to petition and they can
send applications individually or collectively to the authorities for
the redress of their grievances.
6. Right to form political parties: In every democratic state; people
have right to form their political parties and to participate in the
political process through these.
7. Right to criticize: In a democratic state citizen also enjoy the right
to criticize the polities of the government. It is through the
exercise of this right that the government is made responsible.8. Right to oppose the government: Citizens of a democratic state
have the right to oppose the government when it may fail to
protect their interests. However, such a resistance has to be
peaceful and by constitutional means.
Economic rights: The main economic rights are given below:
1. Right to work: A citizen can take up any lawful profession
according to his qualification.
2. Right to rest and leisure: After working for some hours and days
man needs rest because he is not a machine which can work
continuously. Therefore, the state gives the right to rest and
leisure which enables the workers to protect their health. For this
purpose state fixes working hours, makes provisions for a break or
interval between the working hours, establishes rest houses etc.
3. Right to adequate wages: A person has the right to work but also
the right to be paid adequate wages for his labour. For this
purpose, state fixes minimum wages according to the quality and
quantity of work. Wage is always regarded as a reward for the
work done.
4. Right to economic and social security: In a modern welfare state,
citizens are also given the right to economic and social security.
State provides security in case of old age, sickness, unemployment
etc. Most of the states give old age pensions, unemployment
allowances, benefits of provident fund, financial helps during
illnesses or accidents or natural calamities.
All these civil, economic and political rights are granted and guaranteed
by the state, in fact by a democratic state, to all its citizens without any
discrimination.we
Duties of a citizen:
With the enjoyment of the rights given by the state, the citizens have
to discharge some duties also. In civics these responsibilities are
called the duties. The main duties of the citizens are described
below:
. Allegiance: One of the responsibilities of the citizen is to owe his
allegiance to the state. Allegiance means to remain obedient. The
citizens will always be ready to make sacrifice also at the necessary
of the state.
. To obey the law: To obey all the prevalent laws of the state is
another important duty of the citizens. Everybody must obey the
laws for the maintenance of peace, discipline and security of the
state.
. To cast vote with honesty: The citizens take part in the
administration of the state through the casting vote honestly, the
government will be weak and unfit.
To pay tax: Money is necessary for conducting administration,
defense and development works of the state. The activities of the
government are hampered for want of money if the taxes are not
paid timely.
. To perform government activities properly: This is another
important duty. On the performance of proper activities of the
citizens depend the success, development and progress of the
government.
To give education to the children: Another duty of the citizens is to
impart proper education to the children and to build them up as
good citizens. The success of a democratic administration depends
on well-educated citizens.
. Work:
Every able-bodied citizen should work and try to add something to the
social fund. Idlers are a parasite on the society. Work brings in wealth
and prosperity in the country. In countries like Russia work is
considered to be a legal duty.8. Toleration:
Every citizen is expected to be tolerant towards others. Their religions
beliefs "Do unto others what you wish to be done by," should be the
motto before every citizen.
9. Resistance:
It is more or less a moral duty. It is the duty of a good citizen to resist
injustice from any quarter. If the government is unjust, it may also be
resisted.
10. Public Spirit:
Every citizen should be public spirited. He should not seek his self-
interest and should always be ready to contribute his mite to the
welfare of society.
J
GROUP-- 07
Prepared By---
MD.Ashraful Islam (132)
Co-operated with--
MD. Nafis Siddiqui Munna (131)
MD. Nafis Sadik (134)
MD. Delwar Hossain (110)\
SOVEREIGNTY \
Sovereignty is the most important and inevitable element of a state.
This is the absolute power of the state. There are two dimensions to it,
such as
internal and external. Internal sovereignty means that state exercises
its authority
over individuals and associations through fiats. On the other hand,
extemal
sovereignty keeps the state free from external control.
Definition
According to Jean Bodin, “sovereignty is supreme power over
citizen and subject unrestrained by law.”
According to Prof. Burgess, “original absolute unlimited power
over the individual subject and over all association of subjects is
called sovereignty.”
According to Grotius, “sovereignty is the sovereign political
power vested in him whose acts are not subject to any other and
whose will cannot be over-ridden.”
W.F Willoughby says, “sovereignty is the supreme will of the
states.”
Characteristics of Sovereignty
1) Permanence
2) Exclusiveness
3) All-Comprehensiveness
4) Inalienability
5) Unity
6) Imprescriptibility
7) Indivisibility
8) Absoluteness
9) Originality‘LPermanence: Permanence is the chief characteristics of sovereignty.
Sovereignty lasts as long as an independent state lasts. The death of the king,
the overthrow of the government and addiction of power does not lead to the
destruction of sovereignty.
2Exclisiveness: By exclusiveness we mean that there can be two sovereigns, in
one independent state and if the two sovereigns exist in a state, the unity of that
state will be destroyed. There cannot exist another sovereign slate within the
existing sovereign state.
3.All Comprehensivehess: ‘The state is all comprehensive and the sovereign
power is universally applicable. Every individual and every association of
individual is subject to the sovereignty of the state. No association or group of
individuals, however,tich or powerful it may, can resist or disobey the sovereign
authority.
ys
4Inalienability: Inalienability is another characteristic of sovereignty.
Sovereignty is inalienable. By inalienability we mean that the state cannot part
with its sovereignty.In other words, we can say that the sovereign does not
remain the sovereign or the sovereign state, if he or the state transfers his or its
sovereignty to any other person or any other state.Sovereignty is the life and
soul of the state and it cannot be alienated without destroying the state itself.
5:UnityUnity is the very spirit of sovereignty.The soverieign state is united just
we are united.
6.Imperscriptibility:By imperscriptibility,we mean that if the sovereign does
exercise his sovereignty for a certain period of time, it does not lead to the
destruction of sovereignty. It lasts as long as the state lasts.
Gu feai
Lindivisiblity:It is the life blood of sovereignty Sovereignty cannot divided
state,American stateman Calhoun has decleared,Sovereignty is an entire thing
,to divide it is to destroy it.It is the supreme power in a state and we might just
well divide it is to destroy it.
It is the supreme power in a state and we might just well speak of half square or
half a triangle as half a sovereignty.
Gis
s.Absolutshtss:Sovereignty is absolute and unlimited. The sovereign is entitled
to do whatsoever he likes,Sovereignty is subject to none.
(Fee, aes
9.Orginiality:By orginiality we mean that the sovereign wields power by virtue
of his own right and not virtue of anybody's mercy.
Onginality a °State \
: ,
Defi
‘There is no academic consensus on the most appropriate definition of the state. The
term "state" refers to a set of different, but interrelated and often overlapping,
theories about a certain range of political phenomena. The act of defining the term
can be seen as part of an ideological conflict, because different definitions lead to
different theories of state function, and as a result validate different political
strategies.
According to Jeffrey and Painter, "if we define the ‘essence’ of the state in one
place or era, we are liable to find that in another time or space something which is
also understood to be a state has different ‘essential’ characteristics” / According +40 Speakers
oH Amemicam. English. stateomd avi. as synonym with beth words
referring to om brganized political -. fF
Elemen' s of States over a Fein PASE authariby
A State stands identified with its four absolutely essential elements:
1. Population:
State is a community of persons. It is a human political institution. Without a
population there can be no State. Population can be more or less but it has to be
there. There are States with very small populations like Switzerland, Canada and
others, and there are States like China, India and others, with very large
populations.
The people living in the State are the citizens of the State. They enjoy rights and
freedom as citizens as well as perform several duties towards the State. When
citizens of another State are living in the territory of the State, they are called
aliens. All the persons, citizens as well as aliens, who are living in the territory ofthe State are duty bound to obey the state laws and policies. The State exercises
supreme authority over them through its government.
2. Territory:
Territory is the second essential element of the State. State is a territorial unit.
Definite territory is its essential component. A State cannot exist in the air or at
sea. It is essentially a territorial State. The size of the territory of a State can be big
or small; nevertheless it has to be a definite, well-marked portion of territory.
States like Russia, Canada, U.S.A., India, China, Brazil and some others are large
sized states whereas Nepal, Bhutan, Sri Lanka, Maldives, Switzerland, Togo,
Burundi and many others are States with small territories. The whole territory of
the state is under the sovereignty or supreme power of the State. All persons,
organizations, associations, institutions and places located within its territory are
under the sovereign jurisdiction of the State.
Further, it must be noted that the territory of the state includes not only the land but
also, rivers, lakes, canals inland seas if any, a portion of coastal sea—territorial
waters or maritime belt, continental shelf, mountains, hills and all other land
features along with the air space above the territory.
3. Government:
Government is the organization or machinery or agency or magistracy of the State
which makes, implements, enforces and adjudicates the laws of the state.
Government is the third essential element of the State. The state exercises its
sovereign power through its government.
This sometimes creates the impression that there is no difference between the State
and Government. However it must be clearly noted that government is just oneelement of the State. It is the agent or the working agency of the State. Sovereignty
belongs to the State; the government only uses it on behalf of the State.
Each government has three organs:
(1) Legislature
(2) Executive
(3) Judiciary
4. Sovereignty:
Sovereignty is the most exclusive element of State. State alone possess
sovereignty. Without sovereignty no state can exit. Some institutions can have the
first three elements (Population Territory and Government) but not sovereignty.
State has the exclusive title and prerogative to exercise supreme power over all its
people and territory. In fact, Sovereignty is the basis on which the State regulates
all aspects of the life of the people living in its territory.
As the supreme power of the State, Sovereignty has two dimensions:
Internal Sovereignty and External Sovereignty
The main Functions of a State
The state is a limited agency:
The Modem State’. According to him, the very nature of the state sets a limitation
on the functions of the state. The state has limits to what it can do. The state, as
stated above, though universal yet it is a limited agency. It is limited by the means
at its disposal. It is limited by the customs of the community.Maintenance of order:
Taking the first type of functions, i.e., which the state alone can perform, the
primary function is the maintenance of order in society. The state is possessed of
peculiar attributes which enable it to perform this function, it “has the power of life
and death over all associations no less than over persons because of its unabated
right to make war and peace.”
Conservation and development:
Considering the sccond type of functions i.e., functions for which the state is well
adapted, Maclver includes in this category “the conservation and development of
human capacities as well as of economic resources.” The state is well adapted to
regulate the exploitation of natural resources in the interest of present and of future
generations of the entire community.
Should not control public opinion:
Taking up the functions which the State should not undertake, Maclver says, “The
State should not seek to control public opinion, no matter what the opinion may
be,” provided there is “no incitement to break its laws or defy its authority.” “To
urge law breaking is to attack the fundamental order, the establishment of which is
the first business of the state, and for the preservation of which it is endowed with
coercive power.”
Should not enforce morality:
Secondly, the state should not enforce morality. “The sphere of morality is distinct
from the sphere of political law. “Morality is always individual and always in
relation to the whole presented situation, of which the political fact is never more
that an aspect.” There is no such thing as ‘state morality". There is no morality save
individual morality. Law cannot prescribe morality it can prescribe only externalconditions. It cannot cover all the grounds of morality. “To turn all moral into legal
obligations would be to destroy morality.”
Should not interfere with custom and fashion:
Thirdly, the state should not interfere with custom and fashion directly. “The state
has little power to make custom, and perhaps less to destroy it, although indirectly
it influences customs by changing the conditions out of which they spring.”
Maclver states in forceful words: “Custom, when attacked, attacks law in turn,
attacks not only the particular law which opposes it, but, what is more vital, the
spirit of law abidingness, the unity of the general will.”
Should not create culture:
Lastly, the state cannot create culture because culture is the expression of the spirit
of a people or of an age. “It is the work of community, sustained by inner forces far
more potent than political law.” Art, literature and music do not come directly
within the purview of the state. “In all these activities a people or a civilization
goes its own way, responsive to the influences and conditions for the most part un-
comprehended and uncontrolled by the state.
a THE END----POLITICAL PARTIES
Definition:
A political party consists of a group of like-minded people
who work together as a unit to influence the general public,
context elections to gain control over the government.
Political parties are a special form of social organization.
According to the American political scientist Antony Downs,
“A political party is a team of men seeking to control the
governing apparatus by gaining office in a duly constituted
election”.
cording to Professor Edmond Burg, “Party is a body of man
united for promoting by their joint endéavors the national
interest upon:some particular principle on which they are all
agreed.
“According to Professor Disraeli, ‘A party is a group of man
bonded together to pursue certain principles.
Types of political parties:
1. One-party system. 3.Multi-party system.
2. Two-party system.
One-party system: A system in which a single political
part has the right to form the government, usually based on
the existing constitution. Or a type of system where only one
party has the exclusive control over political power.
Two-party system: Powers usually changes between two
main parties. Several other parties exist & also contestonal legislatures.
a majority to
arty system.
elections but will only a few seats in nati ;
Only two main parties have a chance to win
form government. This system is known as two Pi
example: USA, UK.
Multi-party system: A system in which multiple political
parties have the capacity to gain control of government
offices, separately or in coalition.
Three party system, a sub-set of multi-party system, all
exhibit the same dynamic: two large parties, and a third,
smaller party. Example: Bangladesh, India.
These are the types of political parties.
Role of political parties:
Political parties are indispensable for the working of modern
democratic governments. The importance of political parties
lies in the fact that democracies can’t function without the
existence of political parties.
1.It makes the working of parliamentary
government possible: A parliament consist of the
representatives of the people. The political parties organize
these representatives on party lines. The electorate chooses
their representatives on the basis of their party affiliation.
The partywhich gets the majority of votes forms the
government & runs the state and the other party legislatureconstitute the opposition and try to fault with the
government, thus making it more responsible.
1.Political parties formulate public policies: Each
political party fights the election to achieve its objectives
incorporated in their political manifesto. Soon after the
election the majority party forming the government seeks to
formulate its policies of administration on the basis of
promises made in the election manifesto. These policies are
made keeping in mind the interest of general public. They
make the policies on national security, internal law and
order, etc.
3.Political parties educate public opinion: Parties
in any system of government educate, formulate and
organize the public opinion. They also help in the growth of -
the level of political consciousness of common citizens. The
common people is made aware of the economic , social, and
political condition of the country. The general people is made
aware of their voting rights. The common people who
organize and formulate public opinion on important issues.
4.It helps in the recruitment of leaders: The
essential function of any party is to recruit men of integrity,
letters , action, leadership to its fold as members and prepare
them for election in future. Because it is these members of
party who propagate the party ideologies, discuss the
burning issues and hold meetings and press conferences to
mobilize public support. It is these leaders again who contest
in the election and form government if elected to power.Cre ea) te
F elec,
parties always get popularity and recognition though their
leaders only.
5.Mobilize voters: Political parties inform and energize
their members. They send out brochures, run media
campaigns , knock on doors ,and call voters on the phone. In
addition, parties have fundraising apparatuses in place that
simplify their candidates ability to finance their campaigns.
6.Political parties provide political stability: The
political parties in more than one way unite, simplify &
stabilized the political process of the country .The
destabilizing forces of localism, regionalism, section ,
Interests and geographical situations are tackled by political
parties. The majority party forms the government and the
~~ other small partiés in the opposition. It provides the political
‘=: stability.
4-Z.Identify the political problems of state: Political
parties plays a vital role to identify the political problems of
state & find the alternative solution of it.
In other words, parties are pretty important. It is hard to
imagine our political system functioning as effectively
without them.
Problems of parties Bangladesh political
1.Not well organized : Political parties of Bangladesh is
not well organized.Though democracy is followed in this
country but, as there is so many political parties here thus it/
creates violence. Maximum of them do not follow the rules
of election.
2.Self-interest : Maximum political parties think about
their personal benefits. They give the most priority to their
self-interest.Their main aim is to capture political power
through election for their own sake.They have least interest
about public development.
3. Terrorism: Terrorism is the use of violence by non-state
actors against civilians in order to achieve a political goal. In
Bangladesh terrorism is increasing day by day. In contrast to
terrorism,guerrilla war has become a great issue now-a-
days.The indiscipline political party system is only responsible
for these fates.
4.Increasing of student politics: The political parties -
encourages the university students to involve in politics. They
join different parties according to their choice. Thus many
violence occurs between them. Their lives become risky and
many students lost their valuable life.
5.Election boycott: According to their willingness political
parties boycott the election . And thus creates petulance. The
parties who participate in election can’t tolerate each other.
It has become one of the biggest problem in Bangladesh.
Proper steps should be taken to solve this problem
immediately.
In fine we can say that, the political parties should
work together for the development of the state. They shouldbuild up good relation between them. And then violence wili
not create in our country and the political system wili be
stable,
Reed lossY Law
Introduction:
Lawis asystem of rules that are enforced through social institutions to govem
behavior. Laws can be made by a collective legislature or by a single legislator,
resulting in statutes, by the executive through decrees and regulations, or by judges
through binding precedent, normally incommon law jurisdictions. The formation of laws
themselves may be influenced by a constitution, written or tacit, and therights encoded
therein. The law shapes politics, economics, history and society in various ways and
serves as a mediator of relations between people.
‘The author Anatole France’said, "In its majestic equality, the law forbids rich and poor
alike to sleep under bridges, beg in the streets, and steal loaves of bread.”
‘The Greek philosopher Aristotle declared, “The rule of law is better than the rule of any
individual.”
p20. Holland stated that “Law isthe general rule of external human action and force by
ihe sovereign political authority.”
_ Prof, Lask said, “Law is those rules of behavior which secure the purpose of the
society".
Pru
eo cH hash Laws is goos to mules of-behw/owt which Secured the Piypese
at Be society.
Source of la
(1) Custom:
It's the established pattern of behavior that can be objectively verified within a particular
social setting. A claim can be carried out in defense of "what has always been done and
accepted by law." Related is the idea of prescription; a right enjoyed through long
custom rather than positive law.
(2) Religion:
Ks fefers to ethicaland moral codes taught by religious traditions. Examples
include Christian canon law, Islamic sharia, Jewish halakha, and Hindu law.The two
most prominent systems, canon law and sharia, differ from other religious laws in thatcanonlaw is the codification of Catholic, Anglican and Orthodox law as in civil law, while
sharia derives many of its laws from juristic precedent and reasoning by analogy.
In law, a judgment is a decision of a court regarding the rights and liabilities of parties in
a legal action or proceeding. Judgments also generally provide the court's explanation
Gf why it has chosen to make a particular court order.
(4) Scientific decession:
Science, of course. is only one factor to be considered when making public policy. It is,
however, a critical one because of its limiting or empowering effects on decisions. This
holds true whether the decisions are being made in regulatory agencies, Congress, or
the courts. It is the latter which is the focus of my testimony today.
(5) Equality:
Equality in the eyes of the law, or legal equality, is the principle under which all people
are subject lo the same laws of justice. Law also raises important and complex issues
concerning equality, fairness, and justice.
(6)Lagislature:
A legislature is a deliberative assembly with the authority to make laws for a political
entity such as a country or city. Legislatures form important parts of most governments;
in the separation of powersmodel, they are often contrasted —_ with
the executive andjudicial branches of government.Laws enacted by legislatures are
known as legislation. Legislatures observe and steer governing actions and usually
have exclusive authority to amend the budget or budgets involved in the process.
(7)Public opinion:
There is a close. relaiionship between law and public opinion. Laws, in Democracy, are
deep-rooted in public opinion. In these days of Democracy the most important source of
law is legislature, a body of people's representatives. This body represents the public
will.
(8) Administrative declination:
Branch of law governing the creation and operation of administrative agencies. Of
special importance are the powers granted to administrative agencies, the substantive
ules that such agencies make, and the legal relationships between such agencies,
other government bodies, and the public at large._
(9) Constitution:—=
Constitutional law is the body of law which defines the relationship of different entities
within a state, namely, the executive, the legislature, and the judiciary.
(10) Morality:
The contrast between what the state demands and what the gods demand is not the
only way that this legal. Moral distinction is expressed. We find it also in the important
Greek philosophers, who frequently discuss the distinction in terms of appearance and
reality, or between what superficially seems or appears to be the case and what a
thorough rational investigation reveals.
Classification of law:
(1)Municipal law: *
Municipal law is the national, domestic, or internal law of a sovereign state. Municipal
law includes many levels of law, not only national law but also law at the state,
provincial, territorial, regional or local levels. While the state may regard these as
distinct categories of law, international law is largely uninterested in this distinction and
treats them all as one. Similarly, international law makes no distinction between the
ordinary law of the state and its constitutional law.
(2) International law:
International Iawis the set of rules generally regarded and accepted as binding in
relations between states and between nations. It serves as a framework for the practice
of stable and organized international relations. International law differs from state-
based legal systems in that it is primarily applicable to countries rather than to private
citizens. National law may become international law whentreaties delegate national
jurisdiction to supranational tribunals such as the European Court of Human Rights or
the International Criminal Court. Treaties such as the Geneva Conventions may require
national law to conform to respective parts.
(3) Constitutional law:Constitutional law is the body of law which defines the relationship of different entities
within a state, namely, the executive, thelegislature, and the judiciary.
Not all nation states have codified constitutions, though all such states have a jus
commune, or law of the land, that may consist of a variety of imperative and consensual
rules. These may include customary law, conventions, statutory law, judge-made law,
or international rules and norms. Constitutional law deals with the fundamental
principles by which the government exercises its authority. In some instances, these
principles grant specific powers to the government, such as the power to tax and spend
for the welfare of the population. Other times, constitutional principles act to place limits
on what the government can do, such as prohibiting the arrest of an individual without
sufficient cause. In most nations, including the United States, constitutional law is based
on the text of a document ratified at the time the nation came into being. Some
constitutions rely heavily on unwritten rules known as constitutional conventions; their
status within constitutional law varies, and the terms of conventions are in some cases
strongly contested.
(4) Administrative law:
Administrative lawis the body oflawthat governs the activities of administrative
agencies of government. Government agencyaction can
include rulemaking, adjudication, or the enforcement of a specific regulatory agenda.
Administrative law is considered a branch of public law. As a body of law, administrative
law deals with the decision-making of administrative units of government that are part of
a national regulatory + schemein such areas as police _ law, international
trade, manufacturing,
the environment, taxation, broadcasting, immigration and transport. Administrative law
expanded greatly during the twentieth century, as legislative bodies worldwide created
more government agencies to regulate the social, economic and political spheres of
human interaction.Civil law countries often have specialized courts, administrative
courts that review these decisions.
(5) Criminal law:
Criminal law is the body of law that relates to crime. It regulates social conduct and
proscribes whatever is threatening, harmful, or otherwise endangering to the property,
health, safety, and moral welfare of people. It includes the punishment of people who
violate these laws. Criminal law varies according to jurisdiction, and differs from civil
law,where emphasis is more on dispute resolution and victim compensation than
on punishment. -Wy
Liberty
Introduction:
Liberty is the positive power to doing and enjoying those things which are worthy of
doing and — enjoying. +—Liberty —_—involves free —willas._-—~—contrasted
with determinism. In theology, liberty is freedom from the effects of “sin, spiritual
servitude, [or] worldly ties.”
Generally, liberty is distinctly differentiated from freedom in that freedom is primarily, if
not exclusively, the ability to do as one wills and what one has the power to do; whereas
liberty concerns the absence of arbitrary restraints and takes into account the rights of
all involved. As such, the exercise of liberty is subject to capability and limited by the
right of others.According to Thomas Hobbes, “a free man is he that in those things
which by his strength and wit he is able to do is not hindered to do what he hath the will
to do.” c
Roman Emperor Marcus Aurelius wrote of “a polity in which there is the same law for
all, a polity administered with regard to equal rights and equal freedom of speech, and
the idea of a kingly government which respects most of all the freedom of the
governed.”
yy Prof Cractlel Liberty us te posite wer of doing ard inguinng tuose
Tings which ae brady aloing ore indojgg .
Save Guards of Liberty:
(1) Law:y
“The Rule of Law’ could do with some refinement in order to appreciate that the kind of
liberty that is constituted by a regime of public laws defended by contemporary
republicans in terms of an ideal of freedom as non-domination.
(2) Fundamental rights in the constitution:
Rights are claims that are essential for the existence and development of individuals.
Some of the most important rights are recognized by the State and enshrined in the
Constitution. Such rights are called fundamental rights. They are likely
(i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to
freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional
remedies.
(3) Responsible Government:
Responsible government is a political principle, which states that governments and
members of parliament (MPs) must be accountable for their actions. A government is
accountable and answerable to its parliament, and therefore parliament is accountable
and answerable to the people<'s necessary for liberty of a nation
(4) Direct democrative method:
Ina true direct democracy. every single law, bill, or issue of justice is voted on by all the
people. A direct democracy is usually contrasted with a representative democracy. In a
representalive democracy, the general public votes for representatives, who then make
laws on its behalf. .
(5) Rule of Law:
Rule of law implies that every citizen is subject to the law. It stands in contrast to the
idea that the ruler is above the law, for example by divine right. Despite wide use by
, politicians, judges and academics, the rule of law has been described as an exceedingly
elusive notion,
(6) Separation of Power:
Separation of power means division of the legislative, executive, and judicial functions
of government among separate and independent bodies. Such a separation, it has been
argued, limits the possibility of arbitrary excesses by government, since the sanction of
all three branches is required for the making, executing, and administering of laws.
(7) Decentralization of Power:
The term decentralization is used to cover a broad range of transfers of the “locus of
decision making" from central governments to regional, municipal or local governments.In contrast, political, or democratic, decentralization refers to the transfer of authority to
representative and downwardly accountable actors, such as elected local governments.
(8) Organized party system:
The most well known type of political organization is the political party. Political parties
are directly involved in the political processes of countries with party systems, of which
there are several types.Some of the most common types are democratic multi-party
systems, single party dictatorships, and US-style two party systems. In democratic
systems, political parties essentially represent the motives and agenda of its founders and corporate
sponsors.
(9) Constitutional Government:
Constitutional government is defined by the existence of a constitution—which may be a
legal instrument or merely a set of fixed norms or principles generally accepted as the
fundamental law of the polity—that effectively controls the exercise of political power.
The essence of constitutionalism is the control of power by its distribution among
several state organs of offices in such a way that they are each subjected to reciprocal
controls and forced to cooperate in formulating the will of the state.
(10) Proper understanding between Gov. & public:
When politicians attempt to communicate their views in the public forum, the practice
can be seen as a perquisite of the democratic*process. This can prove to be an ideal
environment for public relations, as the industry can identify and clarify arguments made
among parties competing for information. Public servants, who work in the government's
public relations departments, could be labeled as enablers of partisan political
communication. The government should understand the mass people demand_&.their
opinions about any circumstance. :
(14) Vigilant public opinion:
The Government should oversee the mass people demand & their opinions. Political
parties need to concerned about their agenda.“Where there is no law there is no freedom", says John Locke. Therefore, the existence
of law is essential for the existence of liberty. It is the laws that protect liberty. In the
absence of law the individual will have to seek the help of might in ‘order to safeguard
his liberty.
And there will be “might is right’. In the absence of laws anarchy will prevail in society
and people will degenerate into primitive savages who lived in the state of nature as
described by Hobbes.Professor Willoughby has asserted that “Freedom exists only
when there is restraint”. Gettell observes, “Liberty in any real and dependable sense is
possible only if sovereignty cists and becomes more perfect as sovereignty is more
completely organised’./
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Question: Define Good Governance. Write down the elements of good
governance. How to ensure it? How good governance catt Ba esta haheNms™
ina developing country like Bangladesh?
Answer: Good governance means an excellent governing process by
means of which any nation’s top to bottom development is possible. It is a
great idea for ensuring a better living people as Well as country.
Definition:
* According to Kim and Marc- “Good governance Is the term that
expresses the paradigin shift of the role of the government.”
According to Kofi Annan, the former UN Secretary General- “Good
governance is perhaps the single most important factor in eradicating
poverty and promoting development.”
ccording to. WB: “Gadd governance Is the manner In which power | _
‘Is exercised in the management of country’s economic and . social
resources of development” .
The elements of Good Governance are given below:
(1) The democracy: Transparency in the election process,
parliamentary conduct, decentralization of authority all are the
element of democracy as well as good governance.
(il) Accountability: Political, financial and human right preserving
accountability are the elements of good governance. ,
(if) Civil soclety: non-governmental organizations, the media and
Investigative journalism, academic communities are also the
elements of good governance.
(iy) Reshape of public administration: Adequate remuneration as a
disincentive to corruption, ethical of conduct, training and education
are also elements cf good governance.
pvapaved By: Hasan Bin Firoz(533)
Publts Adininistration(SS-303){v) Enforceisent of law: Enforcement of law, improved access tu seek
Justice is also the element of good governance.
{vi) Judicial system: independence of the judiciary, removal of judges”
for cause, adequate remuneration; promotion of judges,
independent prosecutors all are the elements of good governance.
(vii) Participation: participation of citizens in decision making and
implementation is also the element of good governance.
(viii) Privatization: monopolies as a vehicle for corrupt practices;
privatization procedures; transparency in government procurement
_are also the elements of good governance. .
(ix) Enforcement mechanisms: Independent anti-corruption
agencies; prosecutorial power; civil and criminal penalties all are
the elements of good governance.
ce:
By following the steps below good governance can be assured-
(a) Ensuring law and order system to protect life and security of the
people.
(b) By making a transparent and responsible government.
{c) Designing the diagram of a government which is development
friendly and this kind of development should be for those people
who are poor.
(d) By increasing the management system in public sector.
{e) By improving public sector financial accountability.
(8) Sustainable development in livelihood earning also ensure the good
governance.
(g) By enhancing business field by inspiring the foreign business
companies and people.
(h) By working for the promotion and protection of civil and human
rights good governance can be ensured.
(i) By helping the country to put international human rights
agreements into practice,
Prepared By: Hasan Bin Firoz(533)
Dihliy Adininistration(S$-33)(J) Improved realization of human tights and improvement in the
i . positions of women and disadvantages in the society
(k) Promoting fairness and .justice within the .organizat a
oe, 8, f i ganization .of Avie...
From above discussion it’s clear that good governance is a very good
governing system in ensuring a happy and peaceful country. If the challenges
in the path of acquiring it can be blocked then It will be fruitful concept for
everyone.
Bangladesh:
The instrymental nature of governance implies that the governance ‘pillars’
(accountability, transparency, predictability and participation) are universally
applicable regardless of economic condition, strategic priorities or policy
choices of the government. So, the implementation of the. mentioned
ingredients will enhance the process of good governance in any developing
country. We can consider the following paradigin in this aspect. — ——-- —_———
4 DECENTRALIZATION ~
SOCIAL ACCOUTABILITY ‘TRANSPARENCY
At present, good governance in Bangladesh is far from the actual consonance
of the term. There are several factors and issues that are constraining the very
process of good governance. The impediments are-
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4, Corruption: Corruption is a big obstacle in the way of good governance
in Bangladesh. Rampant corruption in public and private sectors slow
Prepared By: Hasan Bin Firoz(533)
Public Admintstration(SS-303)of a few and
flown the ‘avestiuent and growth. I peammoces Incer
creates maldistribution of national wealth. .
. Inefficiency of Bureaucracy: The capacity of policy implamentation of
our bureaucracy is very poor. Bureaucrats are not accountable and
transparent to the people.
Political interference in administration: In our country,
administration always has to work under the influence of party in
power. Sometimes, political influence breeds factionalism in the
administration which in turn results into demoralization, utter
negligence of work and often serious tension among the bureaucrats.
» Nepotism: The rules of administration in our country persue nepotism.
They give privilege and undue advantage to thelr family members, kiths
and kins on public resources. Thus the mass people remain deprived
and marginalized,
. Improper and non-observance of the rule of law: The mass people in
Bangladesh believe that rule of law is Just not in existence in the
country. It is sald that laws are there but these are applied only in
favour of privileged class. As a result, justice duffers and is denied to the
common people. ;
Improper use of resources: The fund flow in Bangladesh is not
smooth to the local government, especially the Union Parishad. Besides,
this is not utilized properly. So, the ordinary people cannot get the
benefits and this obviously affects the efforts, If any of ensuring good
governance,
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7. Burenurcrotle resishomen :
8. Judictot tndependenan:
9. Independenee of man radio,
io. Politico) constolal ling
Ay. Eosno ratond van steluilyg
fernactg any ia cachinu
Prepared By: Hasan Bin Firo2(533)
Pnblie Administration ($S-303)LV
1 Detine Constitution Write down the types of constitution,
Que
Describe the characteristics of suitable constitution for any country.
Describe the characteristics of Bangladeshi constitution. ay
Answer: A constitution {s a set of fundamental principles according to
which a state or other organization {s governed. These fundamental principles
are the “Code of contract” for every people of any nation. In fact a constitution
is the mirror of any country,
Definition:
According to Lord Bryce, “Constitution Is the aggregate of laws and is
customs under which the life of the state goes on.”
@According to Aristotle, “Constitution is the way of life the state has
chosen for itself.”
According to A.F. Strong, “Constitution is the collection of
;___ fundamental rules by which the power of the government; rights of the
“governed and the relation bétween the twoareadjusted:*— ; i
/ According to Leacock, “Constitution is nothing but the form of
government.” .
According to H. Finer, “The system of fundamental political
institutions {s the constitution.”
From above definitions it is clear that, every state needs some of order, some
: _ System by which a reasonably orderly process of government may emerge.
Without such an order there is anarchy. This order or system, in technical
term called constitution.
While possessing a common characteristic in content, constitutions differ
greatly in type, The types of constitution are mentioned here with minimum
explanatlon- .
Prepared By: Hasan Bin Firoz(533)
Public Adfajnistration(SS-303)a the typ
Describe the characteristics of suitable constitution for any country.
Describe the characteristics of Bangladeshi constitution. :
Question Tutine Constitution, Write dow
‘Answer: A constitution is a set of fundamental principles according to
which a state or other organization is governed. These fundamental principles
are the “Code of contract” for every people of any nation. In fact a constitution
is the mirror of any country,
Definition:
_ According to Lord Bryce, “Constitution is the aggregate of laws and
customs under which the life of the state goes on.”
@According to Aristotle, “Constitution is the way of life the state has
chosen for itself.”
According to AF, Strong, “Constitution is the collection of
fundamental rules by which the power of the government; cee of the
“y governed and the relation between the two areadjusted.”—-_-___________
“According to Leacock, “Constitution is nothing but the ‘form of
government.”
“According to H. Finer, “The system of fundamental political
institutions is the constitution.”
From above definitions it is clear that, every state needs some of order, some
system by which a reasonably orderly process of government may emerge.
Without such an order there is anarchy. This order or system, in technical
term called constitution.
Classification of Constitution:
While possessing a common characteristic in content, constitutions differ
greatly in type. The types of constitution are mentioned here with minimum
explanation.
. Prepared By: Hasan Bin Firoz(533)
Public AdmInistration(S$-303)According to brevity and definiteness, cunstitution is divided into wo
parts. They are-
‘ 1, Unwritten constitution
1 2. Written constitution
Unwritten constitution:
An unwritten constitution is one which reflects the evolutionary
conception which predicated the complex nature of institutions, their gradual
development and unpredictable change. An unwritten constitution is that
constitution which grows instead of being made. It is the result of a process in
which many element, like statutes, judicial decisions, precedents, usages and
traditions have entered, piling themselves one upon the other form age to age
and shaping the political institutions of the country according to the wants of
the people and needs of carious times. The best and the only example of .
Unwritten constitution, is that of Britain constitution.
—_Writterconstitution———_—____—_" ~~
A written constitution is a consciously planned system, a constitution
formulated and adopted by a deliberate creation, a constituent Assembly or a
convention. The constitution of India was formulated and adopted by the
constituents Assembly of India.
A written constitution is distinct in character and is held in special sanctity. It
is the supremacy of the constitution. It means nothing may be done or enacted
or altered according to the procedure prescribed by the constitution.
A written constitution is, thus a deliberate design of the institutions that it
creates whereby government is conducted and all this is contained in a
document generally bearing one single date,
Bryce suggests a new scheme of classification of constitution. Under this
scheme constitutions are of two types- °
4, Flexible
2, Rigid
; Prepared By: Hasan Bin Firoz(533)
Public Administration (SS-303)Flexible constitution: (he dlexible cvastitutiva places wurstituuional law and
ordinary law on the same level in the sense that both are enacted in th ane
{ way and both proceed from the same source. Of the constitutional law can be
amended, replaced or altered by the same procedure aS the ordinary law, the
constitution is flexible, Flexible constitutions were almost the only kind
known to the ancient world. The position is now reversed. The only surviving
example ofa flexible constitution and unwritten, too is Britain.
Rigid constitution: The rigid constitution possess a special and higher status,
standing above the ordinary law and alterable by a procedure different from
the one used in the case of ordinary law, thus, making it difficult to change.
The object is to. emphasis that the constitutional law embodies will of the
sovereign and it should not be alterable by the ordinary, legislative process.
The constitution of Japan, Switzerland, Germany are the example of rigid
constitution,
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A good constitution must possess cértain characteristics. They are-
i “GPP Constitution should be flexible as it can be corrected as demand of time.
| sg: Briefness 1s a must key point for a constitution to be a suitable one.
ro According to K.C. Wheare, “One essential characteristic of the
ideally best form of constitution is that it should be short as
y Possible.” i
3, A suitable constitution must also be comprehensive. It should cover the
I whole field of government organization and clearly enunciate the
principles for the exercise of all political power. According to Professor
j Getel, “A constitution should be comprehensive, that is it should
cover the whole field of government.”
| wits good constitution should leave no gaps. It should not also go into
xa tather needless cletail at some points and at other omit fundamentals.
| yB"'A good constitution should be suitable for all the people as well as will
- durable to bea suitable constitution.
{ ” “propared By: Hasan Bin Firoz(533)
Publle Adimiatstration($8-303)abys. Stability ts one of the prime requisites of a suitable as well as good
9 constitution.
“A suitable as well as good constitution will preserve its documents.: *
We eentbO. Constitution should be acceptable to all to bea suitable one.
14. It must clearly define what it contains. It should be easily understood by
wer people. Written and carefully worded constitutions are considered to be
more satisfactory than unwritten ones.
Characteristics of Bangladeshi Constitution:
The constitution of Bangladesh was written and finally accepted on the 4%
November, 1972 for conducting the state. It took effect from the 16%
December, 1972.
1, The constitution is a written document.
2. “Bismillahir Rahmanir Rahim’ is written in its preamble.
3, Some fundamental principles have been included for conducting the
state.
There is-a long list of Fundamental Rights in the constitution. These
rights are indispensable for the development of personality and
personal freedom. For the protection of these rights there is also
guarantee in the constitution.
5. Universal Adult Franchise has been introduced,
6, Bangladesh has been declared a Republic.
7, Parliamentary democratic system has been introduced.
8. There will be Unitary Form of Governmentin the state.
9. The legislature will be unicameral. The name of legislature is National
Assembly.
40. The constitution is rigid (which cannot be changed easily).
14, The constitution is the Supreme Law of the country.
How Bangladeshi Constitution should be:
The type of constitution of Bangladesh should be ‘written and flexible’.
Because when the constitution of Banglaclesh will flexible and written then we
will get the facilities which are given below-
Prepared By; Hasan Bin Firoz(533)
Public Administration(SS-303)~
' ritucion is written then it
1, The constitution will be durable: (/ the constitution |
will be durable. If the constitution is durable,that time it does not get
the frequent change.for this reason we get the stable Jaw and regulations...
for the political and governing system. |
2, The constitution can be changed when necessary: ¥ for preserving
citizen’s rights sometimes the specific body needs to change the
constitution. So if the constitution is flexible that time it can be changed
when it is imperative and sometimes in crucial condition country needs
to change the constitution. So it is very important in our country
because we have many political problems and many other problems.
f 3. The constitution will preserve its documents: We know the written
{ constitution is rigid for its documents. So we get the safety about the
| documents of the constitution which help us to preserve our law of the
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country and we can also preserve our regulation for livelihood.
4. Constitution will be acceptable: the documents of the constitution
should be acceptable by all of the people of our country. if the
constitution will easy to understand it will be acceptable by all. So the
specific body should make the constitution easy to understand and éasy ~
to except.
Bangladesh needs a political system and a stable constitution which have thie
giving quality for developing. If we want to make our country prosperous arid
‘Want-to get the position like USA, Germany, UN etc we must need a good
Constitution. So ours government and we should concern to develop our
{ constitution. We see that our country get political violence to change our
, Constitution but it must be stopped as early as possible. Otherwise our
Country's constitution will lose its value and we will get a chaos country.
- Prepaved By: Hasan Bin Firoz(S33)
Pub: umnistration(SS-303)on: Whatis Bureau
2 the role ur bureaucracy.
Answer: In modern-state bureaucracy is playing a significant‘role.in .
them of running a government's duty and responsibility. The duty of
bureaucracy as well as bureaucrats is increasing day to day in life developing
in the country like Bangladesh.
Definition:
Literally bureaucracy means desk of government. But it’s practical definition
is so broad. The bureaucracy is a system of administration characterized by
expertness, impartiality and absence of humanity. The father of bureaucracy
Max-Weber pointed out, “Bureaucracy is the clear cut division of
individual activities with regarded as duties interest in the office.”
Role of Bureaucracy;
1, Determining policy: In our country and in other countries the
—_— -— buredutracy-particularize the policy-of government-by-didn't-of-their ——
bureaucrats. Government politics are complex, So, this work néeded the
artistic skills to be done and these are properly done by bureaucracy.
2. Framing legislation: In Bangladesh to enact any law, bureaucracy plays °
a very important role. Important bills are presented in the parliament
which is prepared by the bureaucrats of bureaucracy. :
3, impact on the legislature: Bureaucracy supply necessary Information
regarding different government departments and organizations.
Sometimes bureaucracy influences the conference committee according
to their interest.
4, Advisor of political rulers: The political leaders are elected by the
people. They do not have the vast knowledge about the complex affairs
of the state. But it is a matter of sorrow that the duties for making policy
are vested upon bureaucracy. Hence the bureaucracy system works as
the advisor of political rulers.
5, Meditation among different groups: Bureaucrats are the elements of
bureaucracy. The bureaucrats work as the mediator and solve the
Prepared By: Hasan Bin Firoz(533)
eublic Ad ministradon($S-303)o sustainable
problem: through proper wegotiatious and belp to 4
situation in the state, in such a way bureaucracy works.
6. Implementing legislation and policies: Bureaucracy not only draw‘up*
laws and principles but also sustainable them. Indeed the bureaucracy
is more influential in this regard, Bureaucracy can.repeal and enact any
law according to their necessity.
7..Keeping contract between public and government: In Bangladesh
bureaucracy plays the role of liaison between the government and
public. Bureaucracy informs the people about the government activities
and people inform them about their problems and want solutions. They
send important information from one department to another to sustain
a close relationship,
8. Development works: Success of various developing activities largely
depends upon the bureaucracy. Bureaucracy devotes the nation
building works and plans and materializes them timely. -
9. In terms of the betterment of the state and the administration: The
—~—~~— excellence. ~of—-the—administration _ of. any_country depends on.
bureaucracy. In this affair, the US philosopher John Dewey said, “A
final important function of bureaucracies is that of their own
internal management.”
10.Implementation of social change: Bureaucrats as the element of
bureaucracy play role in social change. Bureaucracy helps government
to understand the changing social demands and finds out the way to
fulfill them.
11,Non-political role: bureaucracy plays non-political role in the non-
political areas also.
In, fine we can say that,.the role of bureaucracy cannot be ignored in
Bangladesh-a developing country. So, whole bureaucracy system must be
honest, responsible, controlled and corruption free,
Hasan Bin Firoz(533)
ation(SS-303)Question: Write a short note on the Max Weber theory of bureaucracy
Answer: Max Weber is a remarkable German socidlogist«He
embellished bureaucratic theory with scientific management theory. Weber
focused on organizations into hierarchies, established strong lines of authority
and control.
Max Weber theory of bureaucracy:
“An organization based efficiency, hierarchy, written rules of conduct,
promotion based on achievement anda specialized division of labour.”
Max Weber called an ideal type organization is what an organization tries to
be summary of Weber’s model:
(a) Hierarchy
{b) Promotion based on professional merit and skill
{c).-The development of career services in the bureaucracy.
(d) Reliance on and use of rules and organization.
“ (e) Impersonality of relationship among career professionals in the
: bureaucracy and with their clientele.
Viewing the growth of large scale organization of all types during the late
nineteenth and early twentieth centuries, Weber developed a set of principles
for an ‘ideal’ bureaucracy.
Success:
While Weber was fundamentally an observer rather than a designer, it is clear
that his predictions have come true. His principles of an idea] bureaucracy still
ring true today and many of the evils of today's bureaucracies come from their
deviating from those ideas principles. Unfortunately, Weber was also
successful in predicting that bureaucracies would have extreme difficulties
dealing with individual cases.
It should have been fascinating to see how Weber would have integrated
Mayo’s results into his theories, {t is probable that he would have seen the
Prepared By: Hasan Bin Firoz(533)
Public Administration(SS-303)grou
& b S as ‘avise’ in the zm, limiting the bureaucracy’s potential
for both efficiency and inhun
ficiency and inhumanity. schrieb
Griticism of Weber Ian Bureaucratic theory:
One critique was Weber's claim that bureaucratic organizations were based
on rational legal authority. Persons (1947) and Gouldner (1954) note that
Weber said authority rests both in the ‘legal incumbency of office’ and on
‘technical competence’. This works if superiors have more knowledge and skill
but often this is not the case,
Thompson notes that in modern organizations authority is centralized but
ability is decentralized (Thompson 1961). In fact staff-line distinctions seem
to be a structural resolution of this authority-ability quandary that Weber °
overlooked. :
Weber also doesn’t distinguish between definitions and Propositions in his
model. His lists’ of distinguishing characteristics are linked between each
other. ———— as
Types of legitimate authority:
There are three types of legitimate authority:
{a) Rational
(b) Traditional
(c) Charismatic
Description of these types is given below:
{a) Charismatic authority is regarded as legitimate and works’ because
followers are personally devoted to the ‘gifted’ leader.
{b) Traditional authority is regarded as legitimate because everyone has
always obeyed whoever was in the leader’s position and no one thinks
of disputing his authority.
(c) Rational authority is the rule of law. It exists in a community in which
there is a moral attitude of respect for the law as such, or because the
law has been arrived at in a way that is regarded as legitimate.
Prepared By: Hasan Bin Firoz(533)
Public Administration(SS-303)WY
Question: Define Democracy. Describe merits and demerits of
democracy. Find out different forms of democracy. Discuss. pre-.
conditions of democracy. :
Answer: Different political science writers have worked in classifying
the different forms of government and have become quite successful by giving
conceptions about various governments. Of them democracy possesses a great
amount of potentiality of achieving highest efficiency in running a government
as well as a country.
Definition: :
The term democracy is derived from the Greek words ‘Demos’ and ‘Kratos’,
‘Demos’ means people/public and ‘Kratia’ means power or governance or
authority. Thus democracy ds a form of government in which the people rule
themselves either directly or indirectly through their representatives. To be
precise, democracy is its purest or most best form would be a society in which
all adult citizens have an equal say in the decision that affect their lives.
Definitions from different renowned personalities ‘of political science about
Democracy are: :
According to Abraham Lincoln, “Democracy is a. government of the
people, by the people and for the people.”
According to Professor Seeley, "Democracy is a government in which
everyone has a share.”
Lindsay said, “Democracy isa theory of society as well as a theory of
government and from that point of view its main there is liberty and
equality.”
According to C, F, Strong, “Democracy implies that government which will
rest on the active consent of the governed.”
According to Mactlver, “Democracy js not a way of governing; whether by
majority or otherwise but “primarily a way of determining who will
govern and broadly, to what ends.”
Prepared By: Hasan Bin iro7(533)
Public Administrat on{$S-303)So it is understood that, democracy is n0° 1 forin of government. In fact
democracy is a mode of spirit, an attitude of mind of those who profess hand...
only those who can practice it.
As a form of government, there are two types of democracy. They are shown
pelow:
DEMOCRACY
Direct Democracy:
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when the people themselves directly express their will in public affairs, the
type of government is called pure or direct democracy. The people formulated
“and express their will in a mass meeting and they assemble for this purpose as
often as required. Pure or direct democracy can exist’and function’ only in ‘
small states with a limited, homogeneous population where’ people can
conveniently meet and deliberate together. In ancient periods this direct
democracy system did exist in the small city-states of Greece and Rome. Direct
democracy now assumes the form of the referendum and ‘the popular
" gnitiative and they have long been familiar in Switzerland and the United
States. After the First World War they made an appearance in Germany,
Latvia, Estonia, Ireland and even in Soviet Russia.
Indirect Democracy:
john Stuart Mill said, “It Js.a form of government where the whole people
or some numerous portions of them exercise the governing power
through deputies, periodically elected by themselves,”
Prepared Jy: Hasan Bin Firoz(533)
Publi Admintstration(S$-303)
dailThe prevailing system of democracy is indirect or represeatative. The will of
the state is formulated and expressed not directly by the people themselves
but by their representatives to whom they delegate the power of discussion”
and decision making. They are referred to as representative democracy. The
representatives are periodically elected by the people. In a representative
democracy the ultimate source of authority remains with the people. But it
draws a distinction between the possession of authority which resides in the
electorate and its exercise. Indirect democracy exists in Bangladesh, India,
USA etc.
tt lition of success d .
Now-a-days democracy'is the most popular form of government all over the
world. But it is also a critical formation of government. In fact'a successful and
genuine democracy is a combination of active, growing, progressive force
responsive to the will of the people and ‘animated by the ideals of mutual
Servi lic welfare. To make democracy successful there are some
Preconditions. They are: Pe
1 Democratic people: The first condition of the success of fence is
democratic people. If the people of country are democratic then
democracy will be forwarded to success. About this Lord Bryce said, “No
government demands so much from citizen as democracy and none
gives so much back.”
2. Democratic atmosphere: Democratic atmosphere is an important
condition to make democracy successful. It is based on the endurance
and conservation of the social, political and financial rights of the
people.
3. Brotherhood: To make democracy successful the creation of
brotherhood is very much essential. Without brotherhood it is
impossible to form a successful democracy.
+. Expansion of education: Education is a special side of democratic
government. The educated people are the conscious part of society. The
perfect education among the people crates the democratic atmosphere.
red By: Hasan Bin Firoz{533)
Ifo Aco tnistvation(SS-303)ys: avather condition
5, Pinanclal Independence: Financial (ndepeadev
of the success of democracy. The political independence is valuel ss if
there {s no financial independence. The political right, indepen ARE
democratic value is meaningless to the poor people.
6. Decentralization of power: The decentralization of power is an
important element of success of democracy. It establishes the
atmosphere of democracy. By this power the judicial, executive, health
and other services can be made helpful for people. Besides this the local
government can be made strong.
7. Persistency: To make democracy. successful tolerance is essential. i
there exist persistency among the people then the politicat collision will
be reduced. The political parties will work together by- compromising.
Then the success of the democracy: will be possible.
8. Participation of people: In the formation of government named
democracy the participation of people is. must. Without their
participation democracy can’t be successful. Without the participation
the democracy is nothing but a ‘Aladdin's magic wand’ which only
works in fairy tales. ~ oe
9. Accountability: If accountability can. be ensured in every level of the
execution then democracy will be successful. The political part of
execution must be accountable to the cabinet and bureaucrats to their
own department head.
10.Judicial independence: The judicial independence is an important
precondition of democratic success. If the judiciary of a country is not
independent then the Judiciary will be used politically by the political
process of execution. Professor Lusky said, “The independence of the
judiciary is essential for freedom and democracy.”
In fine it can be said that, synchronization of thoughts and actions is the
essence of democracy. Democracy is truly an examined and ideal form of
government, ‘he success of democracy is not possible by any single class
system or slement, Democratic government should lead the country for the
welfare of th
Prepared By; Hasan Bin Firoz(533)
Piblle Adnuintstration(SS-303)