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Comparative Politics

Nature and scope of Comparative Politics


Comparative Politics is a subject of very recent origin. It developed only in the
1950s when the American Political Scientists adopted the study of political
systems in place of foreign governments. With the emergence of a number of
independent nations in Asia and Africa in post World war II spread a new
dimension in the study of political systems all over the world. This factor
obliged political scientists to adopt new techniques for the understanding of
these political systems with the western political systems. Even though it may
be noted that, the study of comparative governments has been existed since the
time of Plato and Aristotle. In fact it was Aristotle who first of all adopted
certain methods of comparative study which were identical to the present day
political studies.
After Aristotle, Philosophers like Cicero, Polybious, Machiavally,
Montesque, J.S Mill, Laski etc made comparative study of governments and
tried to classify and analyse the political institutions. But the credit for making
the systematic analysis of comparative politics goes to writers like fiver,
Fredrich, Bryee etc.. However, the most significant contribution to the
development of comparative politics was made by scholars like David Easton,
G A Almond, Karl Deutsch, Harold Lasswell, Robert Dahl, Jean Blondel etc
Comparative Politics is a comparative study of politics. It is a search
for similarities and differences between and among political phenomena
including political institutions, political behaviour and political ideas. Gabriel
Almond and Powell define comparative politics as the study of political systems
, not as isolated cases but through generalisations and comparisons. According
to Wiarda, comparative politics involves the systematic study and comparison
of the worlds political systems. Frank Wilson in his book Concepts and issues
in Comparative politics describes comparative politics both as a subject of study
- Foreign countries and a method of study- comparison.
Nature of comparative politics
1. Comparative politics is about comparing political
phenomena, political institutions, political ideas, political
behaviour etc.
2. Its emphasis is on both the method of enquiry i e,
comparison and the substance i e, political phenomena.
3. Its study extends to its relationship with other social
sciences which means, it is inter disciplinary.
4. Its methodology is not analysing political phenomena, but
extends to examining, enquiring and enlisting the patterns
and trends of politics. q
5. Its study is general as well as particular.
6. By highlighting differences and similarities, comparative
politics seeks to discover and identify relationships
among numerous political systems.
Scope of comparative politics
The study of comparative politics assumed great importance in recent
years. With the advancement of the means of transport and communication,
people of different countries have come in to intimate contacts. This has
encouraged them to acquire knowledge about the working of various political
systems.
The study of comparative politics helps the people to gain knowledge about
the various political systems and develop their own institutions in the light of
the experience of other countries. The study of comparative politics is
significant in so far as it helps us to classify and interpret the subject at our
disposal and to draw generalisations, These generalisations will help for policy
formulations of various countries. The scope of comparative politics is very
closely related to political power. It is the study of new developments of politics
such as racialism, ethnicity, terrorism, genocide, human rights etc. Comparative
politics clarifies the study of developing areas.
Distinction between comparative politics, comparative government and
comparative political system:
Generally, all these three terms are using with the same meaning. But
subtitle analysis shows certain differences between these terms and the
important differences are the following:-
1. Comparative government: is the study of different political institutions
and their functions while comparative politics has a wider scope than this,
and comparative political system is the study of various governments in
its empirical dimensions.
2. The study of comparative politics mainly focus upon rule making, rule
application, and rule adjudication while comparative politics fall in with
the range of economics. Sociology, history etc and the study of political
system focus upon collective goal of society.
3. Comparative politics is concerned with significant regularities,
similarities and differences in the working of political institutions and in
political behaviour while comparative government stresses upon the
working of government only. The concept of political system is a term
that applies to broad patterns of interaction among state institutions,
economic coordination and political culture.
4. Comparative government is a preliminary fashion as the study of
comparative politics. While the study of political system applies the
system of universality.

Constitution and Constitutionalism

The constitution is the basic document of a state


which regulates the distribution of powers and determines the form of
government. The term Constitution is defined by several writers in
different ways. According to Aristotle, Constitution is the way of life
which the state has chosen for itself.Prof. A.V. Dicey defines constitution
as the product of all those rules which affect the sovereignty of a state. K.
C Wheare opines that, a constitution is that body of rules which regulates
the ends for which and the organs through which governmental power is
exercised. According to Lord Bryce, the constitution is the aggregate of
laws and customs under which the life of a state goes on.
The basic features of constitution are the following.
(a) It is a body of rules, written or unwritten
(b) It determines the powers of the organization of the government and
the privileges of the citizens.
(c) It lays down certain rules of the organs of government, their powers
and their mutual relationships.
(d) It may be in a single document or several documents.
Thus it can be sum up that, a constitution is the fundamental law
of a state and it varies from country to country, It is the guiding force of a
state which reflects the strength and weakness of it. It is a set of laws and
rules setting up the machinery of the government of a state and which
defines and determines the relation between the different institutions the
executive, legislature and judiciary ,the central and the local governments
.It is the source of the jurisprudential fountain-head from which other
laws must follow.
Constitutionalism
Constitutionalism is a modern concept that desires a political order
governed by laws and regulations .It stands for the supremacy of laws. It
provides a system of effective restrains upon governmental action.
Constitutionalism stands for the existence of a constitution in a state as the
instrument to limit arbitrary action of the government to guarantee the rights of
the governed and to define the limits of the sovereign power. According to Dr
:S. C Kashyap, the concept of constitutionalism is that of a polity governed
under a constitution that ordains essentially limited government and rule of law
as opposed to arbitrary or authoritarian rule. Constitutionalism desires a
political order in which the powers of government are limited. Thus,
constitutionalism is the situation which provide room for essential freedoms of
the people, safeguards for the rights of minorities, protection of the legitimate
social and economic rights of the people, guarantee of freedom for the channels
of mass communication etc
Basic Features of the constitution of USA:-
The constitution of America was came into force on 1789. It was framed by the
representatives of 13 American colonies who met at Philadelphia in 1787. It is
the supreme law of United States. The constitution originally consisted Seven
Articles. The first three articles discusses the separation of powers. Thus
constitution divides the government into 3 branches- the legislature consisting
the bicameral congress, the executive consisting the President and judiciary the
Supreme Court and various federal courts .The fourth and sixth articles from the
doctrine of federalism while the fifth article provides the procedure for
amendment of the constitution. The seventh article provides the procedure for
ratifying the constitution. The basic features of the constitution are the
following.
1. Supreme law of the country:- The first characteristic of the American
constitution is that, it is the supreme law of the country. To quote the
constitution, This constitution and the laws of the United States which shall be
made in pursuance thereof, and all treaties made or which shall be made under
the authority of united states, shall be the supreme law of the land.
2. Briefest constitutions:-The American constitution is the briefest constitution
which any modern state has today. This is due to the fact that, the framers
merely laid down the fundamentals and didnt enter into the details.
3. Separate constitutions:- The states which joined the American Federalism
have their own constitutions which were allowed to exist as before.
4. Republican Form:- The constitution guarantees to every state a republican
form of government.
5. Sovereignty of the people:- The American constitution emphasis the
sovereignty of the people. The preamble of the constitution says, we, the people
of the united states, in order to form more perfect union.
6. Representative Democracy:- Another feature of American Constitution is the
establishment of a representative democracy. The political institutions of USA
are run by the representatives who are chosen directly or indirectly by the
people.
7. Separation of powers:- The American constitution is based on the separation
of powers. Article 1 provides that, all legislative powers there in granted shall
be vested in the congress. Article 2 provides that, the executive powers shall be
vested in the president. Article 3 states that the judicial powers will be vested in
the Supreme Court and other federal courts.
8.Written constitution :-American constitution is a written constitution .It was
prepared in 1787,ratified in1788 and enforced in 1789 and also the amendments
which have been made from time to time.
9. Rights of people:-The American constitution guarantees the people a large
number of rights. The people are guaranteed the freedom of speech and press .
The right to assemble peacefully and petition the government to redress their
grievances is guaranteed by the constitution.
10. Rigid Constitution: The method of amendment of the constitution is given
by Aristotle as the congress whenever two-thirds of both houses shall deem it
necessary
11. Federal Form of government:-A federal form of government is formulated
by the constitution of America.
12. Presidential Form:-In America, the executive is not responsible to the
legislature .The president and minister do not sit in the legislature.
Basic Features of the constitution of UK:-
According to Prof. Munro, The British Constitution is the mother of all
Constitutions, the British parliament is the mother of all parliaments. The salient
features of British constitution are the following:
1 .Evolutionary Nature: According to Ogg, the English Constitution is a living
organism. It is always growing with a view to meeting necessities of the people.
2. Parliamentary Form of Government: The executive is responsible to the
legislature. Only that party forms the ministry which has a majority in
parliament.
3. Limited Monarchy: England has a limited monarchy. But the king can do
nothing without the advise and consent of the ministries.
4. Flexible Constitution: England has a flexible constitution. The English
constitution can be amended in the same way as an ordinary law of the country.
There is no separate method of amendment of the constitution.
5. Unitary Nature: Unlike India and America, UK has a unitary form of
government. All powers are concentrated in the central government and the
British government can do whatever it pleases.
6. Supremacy of the British Parliament: There is nothing which the British
parliament cannot do. According to Sir Edward Coke, the jurisdiction of
parliament is absolute.
7. Unreality: Another characteristic of British Constitution is its unreality. The
government of England in ultimate theory an absolute monarchy, inform a
constitutional limited monarchy and in practice, a democratic republic.
8. Conventions: Another feature of British Constitution is the large number of
conventions in the constitutions. These conventions have revolutionalised the
nature of the English constitution.
9. Rule of Law: This implies the supremacy of law in England. No person can
be punished unless and until it is definitely proved that he has violated some
law of the country. There can be no arbitrary punishment of any individual.
10. Checks and Balances: The English Constitution is also based on the
principle of checks and balances. The 2 houses of the British Parliament can
pass a law, but no law can be enforced unless and until it is signed by the king.
Likewise, no order of the king is valid unless and until it is counter signed by
the ministers.
Basic Features of the Constitution of Switzerland:-
The Swiss Republic is one of the oldest and best democracies of the
world. It has always been a republic and never a monarchy. The system of direct
democracy finds its full application in this country. Switzerland presents before
the world a new experiment I the form of executive ie, plural executive.
Switzerland has a tradition of unbroken neutrality which is unique in the world.
The important features of the constitution of Switzerland are the following:
1. Written Constitution:- The Swiss constitution is a written document. Its size
is double to that of USAs constitution. But certain conventions are also there in
Swiss.
2. Rigid Constitution: Switzerland has a rigid constitution although it is not so
rigid as the constitution of USA. There are two kinds of Amendments, total and
partial. The procedure for total and partial amendments are the same.
3. Republican Constitution: Switzerland has a republican constitution or not
only in the centre but also in the cantons also. It is pointed that, the principle of
republicanism is the basis of Swiss democracy and the people have accepted it
in a religious spirit.
4 .Liberal Constitution: The constitution declares that all citizens are equal
before law. It guarantees freedom of press, speech and freedom of association.
The Constitution recognise the duty of the state to provide free and compulsory
education.
5. Democratic Form: Switzerland has a democratic form of government, It is
pointed that, democracy and Switzerland are synonymous. The basis of political
authority is local autonomy. All citizens are equal before law and every citizen
has been given the right to vote. According to Lord Bryce, among the modern
democracies, Switzerland has the highest claims to be studied. It contains a
greater variety of institutions based on democratic principles than any other
country.
6. Absence of Bill of Rights: It is true that in the constitution of Switzerland,
there is no bill of rights, but certain rights have been guaranteed by the various
articles of the constitution. Freedom of belief and worship within the limits of
morality and public order are guaranteed in every canton.
7. Judicial Review: The Swiss Federal Tribunal which is the highest court of
justice in Switzerland possesses the power of judicial review. It can vindicate
the supremacy of the Swiss constitution against the laws or administrative acts
of cantons.
8. Federal Systems: Swiss has a federal form of government. The word used in
the constitution is confederation. The federal government has only those powers
which have been granted to it and the residuary powers are with the cantons.
The cantons are supreme in their spheres and they can amend their constitutions
.
9. Plural Executive: Another characteristic of the Swiss constitution is the plural
and collegiate executive. Switzerland doesnt possess a parliamentary form
government like that of England or a presidential like that of USA. Its executive
lies in the hands of a federal council which is elected by the federal assembly
for 4 years. It is collegiums fulfilling simultaneously the functions of a
government and of a Chief of State.
10. Living Document: The Swiss Constitution is a living document. It has been
adopted from time to time to meet the needs of state. All efforts have been made
to emancipate the individual.
Comparison of Swiss and American constitution:-
1. The Executive is vested in a President in the Unites States and Federal
Council in Switzerland.
2. In USA, the president is chosen by the electoral college composed of elected
representatives from each state while in Switzerland the members of the federal
council are elected by the federal assembly.
3. The upper house of Switzerland has not the same in the constitution as the
Senate of USA.
4. The states in USA are forbidden to enter into treaties, but the cantons of
Swiss have it.
5. The referendum and initiative are freely used for constitutional amendment
and it is much easier to alter the Swiss constitution than the constitution of USA
.
6. The Swiss Federal Judiciary cannot make invalid a Federal law, while in
USA, supreme court often decides against Federal Legislation.

Basic Features of the Constitution of China


The constitution of communist China that came into force in
1954 has the following feature
1) Preamble:- The constitution of China has a preamble which declares that
, after more than 9 centuries of struggle, the Chinese people, led by
communist party of China, finally achieved in 1949, victory against
imperialism, feudalism, and capitalism and founded a peoples
democratic dictatorship. I t guarantees that, China can in a peaceful way
banish exploitation and poverty and build a prosperous and happy
socialist society.

2) Democratic state:- It is stated in the constitution that, Red China is a


people democratic state led by the working class and based on the
alliance of workers and peasants (Article 1). All the powers in China
belongs to the people. The organs through which the people exercise
power are the National peoples congress, local people congresses.

3) Unified Multi-national State:- The peoples Republic of China is a unified


and multi-national state. All the nationalities are equal. Discrimination or
oppression against any nationality is prohibited. All nationalities have
the right to develop their language, custom etc. Regional autonomy
applies in areas where minorities are inhabited.

4) Building of Socialist Society:- The republic of China, by relying the organs


of State, and the social forces, ensures the gradual abolition of systems
of exploitation and the building of socialist society (Article 4).

5) Rights of citizens:- The state protects the rights of citizens to ownership


of lawful income, savings, houses and means of life. The state protects
the right of citizens to inherit private property according to law.

6) Economic Planning:- By economic planning, the state directs the growth


and transformation of national economy to bring about the constant
increase of productive forces, in thus way enriching the material and
cultural life of the people and consolidating the independence and
security of the country (Article 15).

7) Provision for the work:- Work is a matter of honor for every citizen, who
is able to work. The state encourages initiative and creative activity of
citizen in their work (Article 16)

8) Loyalty of People:- All persons working in organs of state must be loyal


to peoples democratic system. Observe the constitution and the law and
strive to serve the people.

9) Safe guard of peoples democratic system:- The republic of China safe


guards the peoples democratic system, suppress all counter
revolutionary activities and punishes all counter revolutionary.

10)Armed forces:- The armed forces of communist China belongs to the


people. Their duty is to safeguard the gains of the peoples revolution and of
national construction and to defend sovereignty, territorial integrity and
security of the country.

FEDERALISM
The word federation is derived from the Latin word Foedus which
means treaty or agreement. A federation comes into existence when two or
more independent states agree to form a new state surrendering their
sovereignty to latter . According to Prof. Diecy, Federalism means the
distribution of force of the state among number of coordinate bodies each
originating in and controlled by the constitution.When some economically
backward or militarily weak states voluntarily agree to unite, they form a
federal union. Such a union is brought about through a treaty or an agreement.
A new state is created to which all the mutually agreeing states surrender
sovereignty. The USA is an example of such a type of federalism. A federal
Government has two sets of Governments:- Central and regional. Under
federation, powers are distributed between the centre and the units by the
constitution itself and this distribution is not subject to unilateral change.
According to Montesquieu, a federation as a convention by which
several petty states agree to become members of a larger one which they
intend to establish. According to Finer, A federal state is one in which part of
the authority and power is vested in a central institution deliberately
constituted by an association of the local areas. K.C Wheare defines federation
as a division of power between general and regional authorities, each of which
in its own sphere is coordinate with the others and independent of them.
Basic features of Federal Government
1) Distribution of powers between the centre and the states or units or
provinces.

2) Supremacy of the constitution:- The centre and the states must have full
faith in the constitution which considered as the highest law of the land.

3) Supremacy of judiciary:- In a federation, there must be an independent


and impartial judiciary to solve the constitutional disputes, to interpret
and guard the constitution.

4) Limited Government:- The concept of limited and constitutional


Government is another feature of a federation.

5) Bi-cameral legislature:- There must be bi-cameral legislature in a


federation

6) Public citizenship:- There must be two citizenship in most of the


federations.

7) Geographical continuity:- There must be a geographical continuation in a


federal set up.

Features of American Federalism


According to Bryce, All Americans have long been agreed that the only
possible form of Government for their country is a federal one. All have agreed
that, a centralized system would be in expedient, if not unworkable so large an
area. America has a federal form of Government in which the residuary powers
are left with the states and certain specified powers have been given to the
federal Government. The important features of American federalism are the
following.
1) Residuary powers:- The residuary powers are reserved with the states in
USA.

2) According to section 8 of Article 1, the American congress has the power


to make laws on the following subjects.
a) To levy and collect taxes, to pay the debts and provide for the
common defence and general welfare of USA.

b) To regulate commerce with foreign nations and among several


states.

c) To constitute tribunals inferior to the supreme court.

d) To declare war and make rules concerning captures on land and


water.

e) To make rules for the Government and regulation of the land and
naval forces.

3) Federal centralization:- In the initial stages, the central Government was


not strong. But step by step, the federal Government has increased its
power. Certain amendments also increased the powers of central
Governments

4) Role of courts:- The supreme court of USA played a vital role for
strengthening the federal nation of USA. The judges of the Supreme
Court are appointed by the President and confirmed by the senate.
Hence, there is a tendency to interpret the constitution in favour of
federal Government.

5) Political parties:- The growth of political parties on national level have


weakened the state barriers. More emphasis is given to national issues
that state issues.

Indian Federation
The constitution of India provides for a federal system of
Government though the term Federation is not used in the constitution. Article
1 of the constitution declares India as a union of states, unlike USA, Indian
federation is not the result of an agreement between the units. The Indian
states or units has no right to secede from the union. In fact the units of Indian
federation have no independent existence of their own. The parliament can
alter their names and territories without their consent. The framers of Indian
constitution felt that, the administration of this country is not possible as a
single unit. The diversity of race, religion, and language also impelled them to
go for a federal policy. It may be observed that, the Indian constitution doesnt
posses all the feature of a federation and it is a quasi-federal in nature.
According to K.C Wheare, Indian union is unitary state with subsidiary federal
features rather than a federal state with subsidiary unitary features- The
following are the federal and non-federal features of Indian constitution

Federal features of Indian constitution


Written constitution:- The first essential feature of a federal system is a written
constitution which defines the structure, organization and power of the
central as well as the states, so that, two operates within the definite
spheres without interfering each others jurisdiction.
2. Rigid constitution: Another feature of federation is a rigid
constitution which can be amended either by the joint action of
the federal or state legislatures or by an independent authority.
3. Independent Judiciary: The existence of an independent judiciary
is an important feature of Indian federalism in which, the Supreme
Court acts as the guardian of constitution and can declare any law
or order ultra vires, if it contravenes any provisions of the
constitution.
4. Division of powers: Another provision of federation is the
statutory division of powers between the federal government and
state governments. India has division of power between the
governments.
5. Bicameral Legislature: Like other federations, the constitution of
India provides for a bicameral legislature, consisting of Lok Sabha
as the lower house and Rajya Sabha as the upper house.
6. Supremacy of the Constitution: This is another feature of
federation and Indian constitution possesses it.
In addition to the above federal features the following non-federal
features are also present in the Indian Constitution:
1. Strong centre: The constitution of India provides for a strong
centre a feature of unitary government. The central government
enjoys 97 items in central list, 47 items in concurrent list and all
the residuary items for its law making power.
2. Single constitution: Unlike other federal forms, in India, we
have only one constitution for the centre and various states. The
constitution of the union and the states is a single form from
which neither can get out and within which they must work.
3. Flexibility: by comparing with the constitutions of other
federations, the constitution of India is flexible. In other
federations the process of amendment is possible only through
the consent of the provinces. But in India, it is not needed.
4. Single citizenship: In other federations, there is a provision for
double citizenship. But in India, it is avoided.
5. Inequal representation in Rajya Sabha: The Indian constitution
deviated from the provision of equal representation to all
federating units which is adopted by all other federations.
6. Emergency provisions: The existence of emergency provision of
Indian constitution also poses a serious challenge to true federal
nature. The President of India is authorized to proclaim
emergency under Article 356 and 360.
7. Appointment of Governors: The provisions regarding the
appointment of Governors of states by the President are also a
clear violation of the federal principles.
From the above discussions, it is clear that, the constitution of India
possesses certain features of a true federation as well as a non-
federation. So it is correct to consider it as a quasi-federal ie, the
constitution of India harmoniously blessed together with the features
of a federation and a unitary constitution together.
Confederation and Swiss constitution:
A confederation is a form of loose federation. In a confederation,
there will be a number of Sovereign states and all these states donot
leave up their individual identity and merge into a common state. In
this system, certain powers are surrendered to the government for
mutual advantage for the separate states. The member states would
have most of the powers under the custody. In a confederation, the
central government must be weak. The confederation doesnot posses
any executive or judicial organs. According to KC Wheare, the word
confederation may be used to describe a form of association between
governments, whereby they set up a common organization to regulate
matters of common concern but retain to themselves...
Differences between federation and confederation are as follows:
1. A federation is a state operating under a single sovereignty
while confederation is not a state but is a union or a league of
independent sovereign states, which retains their sovereignty
even after joining the confederation.
2. There is a constitutional division of powers in a federation
between the national government and federating units but in a
confederation there is no such division of powers.
3. The central governments in a confederation doesnot have any
executive or judicial function while a federation has this
function.
4. In a federation there must be a common legislature while in a
confederation there must be only a forum, which can only
recommend resolutions and no legislation.
5. The confederation has no citizens or subjects while the
federations have such citizens and subjects under their control.
A confederation lacks stability and permanence but the
federation on the other hand is a permanent state.
Features of Swiss constitution as a confederation
1. The word confederation itself is used in the constitution of
Switzerland.
2. The residuary powers are granted to then cantons.

3. The cantons can amend their constitutions.

4. The armies are still mainly under the custody of cantons.

Unitary form of government


On the basis of relationship between centre and states, the
governments are classified as unitary and federal. In a unitary
government, all the powers are vested in the centre. All the powers
enjoyed by the units are given by the centre for the sake of
administrative convenience and can be taken back at any time. The
basic features of a unitary government are as follows:
1. All the powers are concentrated in the central government.

2. The constitution may be written or unwritten.

3. A unitary government generally possesses a flexible


constitution.
4. In a unitary system, the units donot possess separate entity.

5. Under unitary system, it is not mandatory to have an


independent judiciary as there is o possibility of conflict of
jurisdiction between the centre and the units.
The unitary government has a number of merits. It provides a
strong government because all the powers are concentrated in a
single central government. Unitary form of government ensures
the uniformity of law and administration. It is less expensive. It
renders quick decision making. It is very effective during the
time of war and other emergencies. But this form of
government suffers certain difficulties such as, chance of
authoritarianism rate, bureaucratic administration, decrease of
peoples interest on national policies and decisions etc.

Unitary features of UK, France and China:

UK, Scotland, Wales, Northern Ireland and England form a


unitary state. The parliament of UK is the supreme and it makes
laws for all these regions. The provincial states of these regions
can never challenge the constitutionality of acts of UK
Parliament. The powers of the provincial government can be
revoked by the central government. In UK there is no provincial
legislatures and separate constitutions for various provinces.
There is only a single citizenship and a unified judicial system
The French constitution doesnt decide the powers between the
centre and the states. There is only one unit includes the
commoners, departments and overseas territories. Even though
the overseas territories can protect their own interest within the
general interest of the public. The amending process of the
constitution is comparatively rigid when compared to other
federal states. There is no authority to decide the
constitutionality of the acts passed by Parliament. There is only
one citizenship to the people. Constitution guarantees
emergency powers to the President of France.
China has a unitary state which follows a unicameral legislature
named peoples congress. According to article 31 of the Chinese
constitution, the standing committee is the supreme most
authority to whole china which interpret the laws, adopt decrees
, supervise the work of other council etc. the national peoples
congress, the national assembly is the only body which has
legislative power. The amending process of constitution is
comparatively easy and is possible by a two-third majority
support of all deputies of the national assembly. There is no
double citizenship in China.
ADMINISTRATIVE LAW
The term administrative law or droit administrative defined by
Barthelemy as consist of all the legal rules governing the relations of public
administrative bodies to one another and to individuals. According to Dr.
Jennings Administrative law is the law relating to administration,it determines
the organization,powers and duties of administrative authorities.
Administrative law is part of the French Judicial system. Dicey referred to two
leading principles of administrative law of France. The first principle is that,the
Government and its servants possed special rights and privilages as against
private individuals. The second priniciple is the maintenance of separation of
powers. The Government,the legislature and courts are to be prevented from
encroaching upon the sphere of one another.
Dicey refers four characteristics of administrative law in
France. The first one is that, the relations between Government officials with
private citizens are regulated by a set of separate laws. The second one is, the
ordinary courts had no concern whatsoever with matters at issue private
persons and the state and such matters will be handled by the administrative
courts. Third feature is the conflict of jurisdiction between ordinary courts and
the administrative courts. And finally there is the tendency to protect the
servants from the ordinary courts. Under the system of administrative law, the
actions of the Government servants are divided into two such as the activities
done in the capacity of a Government staff and private individual. The system
of administrative law has its own merits and demerits also.

RULE OF LAW
Rule of law is one of the unique characteristics of the
English constitutions. According to Bluntly the rule of law is the law that rules
the country and not the arbitrary will of any individual. Law is supreme overall.
No one can claim excemption or immunity from it. According to Lord Hewart,
the rule of law means the supermacy or dominance of law, distinguished from
mere arbitrariness or some alternative mode which is not law of determining
or disposing of the rights of individuals
According to prof.Diecy , the rule of law has three features and they
are the following
1) No man is punishable or can be lawfully made to suffer in body or
goods except for a distinct breach of law established in the ordinary
legal manner before the ordinary courts. Thus means that, no person
can be punished in England unless and until, it is definitely proved
that he has violated some definite law of the country.

2) No man is above law that every man, whatsoever his rank or


condition, is subject to the ordinary law of the land. This means,
whatever the status of a person, he must submit to the ordinary
courts of the country. There are no separate courts for the trial of
Government servants in England.

3) The general principles of the constitution are the result of judicial


decisions determining the rights of private persons.

The merit of rule of law is that, it establishes


the equality of all citizens before the courts of law. Every officials
from the prime minister to a constable is under the responsibility of
their actions. There is no scope for arbitrary detention or
punishment. The law must have its own course. It will check the
arbitrary tendencies of Government servants. There is in England,
certain exceptions to rule of law also. The public authorities
protection Act gives special protection to officials. The crown can
terminate any contract of service

JUDICIAL REVIEW
Judicial review is an important feature of the US constitution.
It implies that, the supreme court in USA acts as the guardian of the
constitution and has been vested with the power to review the laws passed by
the legislature and the orders issued by the executive to ensure that, they are
not contrary to the constitution. In simple words, judicial review refers to the
power of a court to enquire whether a law passed by the legislature or orders
issued by the executive or official action conflicts with the written constitution.
If the court finds that, it conflicts with the main constitution, it can declare the
law or Act as unconstitutional. In USA, the supreme court enjoys the power to
examine the provisions of a state constitution or a law enacted by a state
legislature or any executive order is in keeping with the provisions of the
federal constitution or not.
American constitution didnt clearly give any power of judicial
review to the Supreme Court. But Article VI saying that, only those laws which
are compatible with the constitution are the fundamental laws of the land. The
concept of judicial review was established in America after the famous case of
Marbury vs. Madison. In this case, the Supreme Court observed that, it was the
duty of the courts to declare any law illegal and void if it violated any provision
of the constitution.

PARTY SYSTEM AND COALITION POLITICS


Political parties are indispensable for the proper functioning
of all kinds of Governments, but they have a special rule under democracy.
According to Mac Iver a political party is an associations organized an support
of some principles or policy which by constitution means it endeavors to make
the determinant of the Government. A political party is a voluntary association,
its members hold common views on certain basic matters, they work according
to well laid drawn rules and regulation, they believe in peaceful and
constitutional methods, they aim to capture political power to promote public
interest.
The political parties perform several functions which include
formulation of a policy and on the basis of which they contest elections, they
aim to capture power by putting up candidates for elections, they campaign in
favour of their candidates, they seek to secure majority and form Government.
So that they can implement their policies, they provide political education to
people etc.
Political parties are indispensible for the working of
democracy. They also suffer from several problems. They divide the people
into opposing groups, they promote nepotism and favoritism, they encourage
sectional or regional interests etc. Even though, political parties are
unavoidable factor for the functioning of democracy.

TERRORISM
Terrorism, in its broadest sense refers to attempts to further
political ends by using violence to create a climate of fear and uncertainty. The
most common forms at terrorist action include assassination, bombings,
hostage seizures and plane hijacks etc. The concept of terrorism has been
changed after the attack of September 11, 2001. This term is highly
complicated and to be used selectively. One persons terrorist can be anothers
freedom fighter. While terrorism is portrayed as an anti-Governmental actively
Governments may also employ terror against their own or other population.
The major types of terrorism are the following.
a) Insurrectionary terrorism:- This is the revolutionary overthrow of a
Government.

b) Issue terrorism:- This is aimed at the promotion of a single cause.


c) Nationalist terrorism:- This aims to overthrow colonial rule or
occupation with the goal of gaining independence for an ethinic,
religious or national group.

d) Global terrorism:- This is aimed to make damage and humiliation on a


global power or at transforming global civilizational relations

Significance of Terrorism
The incident of September 11 reflected a change in the nature
of terrorism. It acquired a global reach after this incident with an international
transnational or global dimension. The birth of such global terrorism started
with the plane hijacking in the late 1960 carried out by the goups like PLO.
Modern terrorism sometimes portrayed as a product of globalization. The main
reason for this is the cross-border flows people, goods, money, technology,
ideas etc. The international flow of people helped to sustain terrorist
campaigns. Then globalization generated pressure upon certain groups of
people. Modern terrorism is sometimes pictured as hyper-terrorism. The main
reason behind this nature is that, modern terrorism is difficult and may be
impossible to defend it. The potential scope and scale of terrorism has greatly
increased as a result of modern technology.

Countering terrorism
Terrorism poses difficult challenges against established societies.
Unlike other military threats, terrorists often do not have any permanent base
or location and they may be difficult to distinguish from the civilian people.
Further more, it is difficult to protect against kidnappings, armed attacks,
vehicle bombs and suicide attacks. Even though, the main countering
strategies are of the following
a) Strengthening state security: - In states such as Israel, Srilanka, Spain
and U.K, which have experienced long campaigns of nationalist based
terrorism proved that, tightening state security is an effective
method to counter terrorism. The incidents of Sep 11, Bali, Madrid
and London have encourage a large range of nations to revise their
state security systems with emergency legislative methods. Liberal
democratic societies are uniquely vulnerable to threat of terrorism.
Because they protect individual rights and contain checks on
Government power. Globalization also spares the scope for terrorism
by making chances to develop non-state actors. The state must try to
tighten the emigration systems, foreign flow of funds, increase of
population to the groups which may have a chance to inspire
terrorism are the measures to check terrorism.

b) Military Repression:- Force based counter terrorist activities are


much more important. Military responses to terrorism have been
based on two strategies. In the first attempt must have develop to
prevent the sponsorship of terrorism by states or agencies. Secondly,
launch direct attacks on terrorist training camps and the terrorist
leaders. This method is not easy and there is a chance of military
attack, to large scale human rights violations atrocities.

c) Political Deals:- Political solutions can be found to terrorist problems


. In a sense, most of the terrorist campaigns have political ends.
Government must follow the system of formulating policies to inspire
terrorist to abandon violence and consider consensus and diplomatic
ways to solve their problems. This method was expressed in the
problem solving strategies of South Africa during 1994. Nevertheless,
the idea of tackling terrorism by making political deals with terrorists
or accepting their demands also attracts criticisms.

MILITARISM
Militarism refers to the achievement of ends by the use of
military force. Any attempt to solve problems by military means can be
described as militarism. It is cultural or ideological phenomenons in which
military priorities, ideals and values come to pervade the larger society. This
includes the glorification of armed forces, high sense of national patriotism,
the recognition of war as a legitimate instrument of policy and an activistic
belief on terrorism and self sacrifice. Here we can see military supremacy in
politics, a type of increased involvement by military personal by threaten the
use of force to influence political decisions and outcomes. Military rule
typically lacks a specific ideology, although some times expresses radical or
reactionary political attitudes. There is no legitimate source of authority.
The subject of military and political interventions attracts
widely in recent period. Now a days no country is absolutely free from the
influence of military in its internal or external matters. The important causes of
military intervention into politics are following.
a) Professionalisation of the officer corps:- The professionalized
character of the army officers make them well disciplined and keep
them away from politics. At the same time, it impels them to
intervene in the politics of the country, if severe frustration develops
in their well trained minds.
b) Nationalism and Nation states:- Nationalism provides military to an
honorable status and finds it as the guardian of the national territory
and custodian of national values.

c) Defence popular sovereignty :- Army group or persons including the


army which succeeds the popular support can claim to be lawful
Government. In this sense, any group including military seize the
power and legitimize itself in the name of the people can be
considered as the protection of popular sovereignty.

d) Emergence of an Insurrectionary Army:- An army working for the


liberation of the national territory commands a great respect in the
eyes of the people. The military officers of such a type will get much
respect from the part of the people.

In short, the concept of militarism cant be recommend


and justify due to its drawbacks. Militarism illuminates the potential
influence of military elite where a societys political traditions have not
firmly established the respective rules of the civil and military
leadership.
MODEL QUESTIONS
Any six questions (2 marks each)
1) Constitutionalism (law is the supreme)

2) Federalism (distribution of powers-America)

3) Unitary system ( only one union-UK)

4) Administrative law

5) Judicial review

6) Ethinicity

7) Multi-party system

8) Militarism(it is a concept depend on the military peace)

4 marks each
1) Nature of comparative politics

2) Quasi federal system(peculiar feature/federation with a unitary feature)

3) Rule of law(UK,Scandenanian countries)

4) Religious fundamentalism

5) Totalitarian system(China-limited rule of law)

6) Co-federation(common banner/name-Switzerland, European union)

6 marks each

1) Socio-political and economic features of developing countries.

2) Unitary and federal system(difference)

3) Difference between comparative Government, comparative politics and


comparative political system

4) Analyse the difference between administrative law and rule of law.

5) Define coalition and discuss the experience of France.


10 marks each

1) Basic feature of the constitution of UK

2) Compare the federal system of USA and India

3) Critically analyse the concept of terrorism.

4) The various factors which influence the voting behavior.

5) Basic features of the constitution of China and Switzerland.

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