Comparative Analysis of Parliamentary & Presidential Governments
Governments: Parliamentarism in England
This form of government began in England in 1714 with King George I of Hanover, a German dynasty. Since he spoke no English, he appointed a member of the House of Commons, representing the majority, to advise him. This member ultimately chose the ministers of state and discussed affairs of state with them, while King George I relied on a translator.
This prime minister needed the confidence of both the House of Commons and the King. Initially, the King’s confidence was paramount. However, due to the language barrier and evolving customs, the need for the House of Commons’ confidence grew. This shift solidified when a minister, having lost the House’s trust, retained the King’s. This marked the beginning of parliamentary government.
Two-Headed Executive
The executive consists of a Head of Government (Prime Minister) and a Head of State (the King). In England, the King holds limited power, primarily under the Royal Prerogative. The people elect the House of Commons, and the majority party forms the cabinet and chooses the Prime Minister.
English Crown
- The King is the Head of State.
- The King currently holds no political power.
- Exercises formal powers called Royal Prerogative.
- Appoints members to the House of Lords.
- Formally enacts laws, declares war, or makes peace, but these functions are ultimately carried out by the Prime Minister.
- The King’s position is determined by succession.
Cabinet
- Members may or may not be parliamentarians.
- The Prime Minister leads the cabinet.
- Cabinet members are appointed by the Prime Minister (formally by the King).
- The cabinet functions as a collegial body.
- The cabinet is politically responsible.
- Sets guidelines for internal and external policy.
- Controls administration and determines financial policy.
- Has legislative initiative and the power to issue decrees.
- Must maintain the confidence of the House of Commons.
House of Commons
- Elected every 5 years by citizens.
- Exercises the legislative function.
- Controls the government by approving or rejecting bills, questioning ministers, and expressing political trust through votes of confidence.
- Elected by majority vote in single-member constituencies.
- This electoral system has contributed to bipartisanship.
Loss of Confidence in the House of Commons
The cabinet can lose the confidence of the House of Commons in several ways:
- Vote of No Confidence: A motion of censure against the cabinet or Prime Minister.
- Rejection of a Bill: Failure to approve a bill presented by the Prime Minister and cabinet.
- Loss of Majority Support: The government loses its majority in the House of Commons.
If confidence is lost, the Prime Minister can ask the King to dissolve the House of Commons, leading to a general election. Ultimately, the people decide whether the government continues.
House of Lords
- Members are appointed for life and are mostly hereditary.
- Holds limited political power but retains traditional value and influences public opinion.
- Performs judicial functions as a component of the English court system.
- Participates in legislative discussions and revises bills from the House of Commons.
English Legislature
The English legislature is bicameral, consisting of the House of Lords and the House of Commons. The House of Lords is primarily composed of life peers and hereditary peers, while the House of Commons is elected by the people.
The Opposition
England recognizes the Shadow Cabinet, a group of parliamentarians from the opposition party who are informed of government matters. The Leader of the Opposition is a paid position, and the opposition’s role is to scrutinize the government’s activities.
German Parliamentarism
Germany also has a two-headed executive, consisting of the Head of State (President) and the Head of Government (Chancellor). The 1949 Constitution establishes the following governing bodies:
Parliament
Consists of two chambers:
- Bundestag (Lower House): Elected every 4 years through a mixed-member proportional representation system. Exercises political control functions, including censuring the cabinet and voting on confidence motions.
- Bundesrat (Upper House): Represents the Länder (states) and its members are appointed by the Land governments.
President of the Republic (Head of State)
- Elected for 5 years by the Federal Assembly (Bundestag and representatives from the Länder).
- Can be re-elected once.
- Nominates the Chancellor candidate to the Bundestag.
- Can oppose the dissolution of the Bundestag.
Federal Chancellor (Head of Government)
- Elected by the Bundestag on the nomination of the President.
- Serves a 4-year term.
- Can be removed through a Constructive Vote of No Confidence, requiring the Bundestag to elect a successor simultaneously.
- Can request the dissolution of the Bundestag if a confidence vote fails.
French Semi-Parliamentarism
The current French government is based on the 1958 Constitution, established after the instability of the Fourth Republic’s parliamentary system. This system is characterized as semi-presidential or rationalized parliamentarism.
Characteristics of the French Government
The executive is two-headed, with the President of the Republic holding more dominant powers. The President is elected by popular vote and appoints the Prime Minister.
President of the Republic
- Can dissolve the National Assembly.
- Chairs meetings of the Council of Ministers.
- Can remove the Prime Minister in severe cases.
- Can call for a referendum in national emergencies.
Prime Minister
- Implements the law.
- Coordinates the decisions of the Council of Ministers.
- Participates in parliamentary discussions but does not vote.
French Legislative Body
The French legislature is bicameral, consisting of:
- National Assembly: Elected by universal suffrage, holds legislative initiative, and approves international treaties.
- Senate: Elected by indirect suffrage, participates in the legislative process, and has equal powers to the National Assembly in financial matters.
French Court
France has a dual court system:
- Judicial Courts: Settle disputes between individuals and punish offenses against public order.
- Administrative Courts: Resolve disputes involving public authorities or the state.
U.S. Presidential Government
The U.S. Presidential system, established by the 1787 Constitution, is a prime example of classical presidentialism. It features a strict separation of powers and a monocratic executive.
President of the Republic
- Elected indirectly through an Electoral College.
- Serves a 4-year term and can be re-elected once.
- Head of Government, Head of State, and Commander-in-Chief of the Armed Forces.
- Appoints cabinet members with Senate approval.
- Can veto legislation passed by Congress.
Congress
The U.S. Congress is bicameral:
- House of Representatives: Elected by popular vote, proportional to state population, serves 2-year terms.
- Senate: Represents the states, with 2 senators per state, serving 6-year terms.
Swiss Directorial Government (Government of Assembly)
The Swiss government, established by the 1848 Constitution, is unique for its emphasis on direct democracy and recognition of cultural diversity. The Federal Assembly is the highest authority.
National Council
- Composed of representatives elected by the cantons based on population.
- Serves 4-year terms.
Council of States
- Represents the cantons, with 2 representatives per canton.
Federal Council
- A 7-member executive body elected by the Federal Assembly.
- Governs the country and advises the Federal Assembly.
Responsibilities of Authorities and Public Officials
Public officials are subject to various forms of responsibility:
- Criminal Liability: For committing crimes.
- Civil Liability: For causing harm to others.
- Administrative Responsibility: For failing to fulfill duties or obligations.
- Political Responsibility: For loss of confidence, leading to resignation or removal from office.
- Constitutional Responsibility: For violating the Constitution, often leading to impeachment.
Political Regimes
Political regimes can be classified based on various criteria, including:
- Concentration of Power: Autocratic vs. Democratic (Lowenstein)
- Source of Power and Purpose: Authoritarian vs. Democratic (Burdeau)
- Legally Recognized Political Discrepancy: Esquemónicos vs. Polyarchic vs. Mixed (Dahl)
- Number of Political Parties: Multi-party vs. One-party (Aron)
Autocratic Political Schemes
Autocratic regimes are characterized by limited political participation and the concentration of power in the hands of a single ruler or a small group.
Contemporary Forms of Autocracy
- Tyranny: Rule for personal benefit, often violating fundamental rights.
- Totalitarianism: Imposition of a dominant ideology, controlling media and education.
- Monocracy: Rule by a single person with absolute power.
- Collegiate Autocracies: Power concentrated in a small group.
- Caesarism: Rule by a charismatic leader who bypasses established institutions.
- Dictatorship: Rule by a single person with absolute power, often for a limited time.
Democracies as a Political Regime
Democratic regimes are characterized by broad political participation, the rule of law, and the protection of individual rights.
Characteristics of Open Democracies
- Sovereignty of the people.
- Universal suffrage.
- Protection of individual rights.
- Alternation in power.
Theory of the Constitution
The Constitution is the fundamental law of a state, outlining its organization, form of government, and the rights of its citizens.
Historical Evolution of the Concept
The concept of a constitution has evolved over time, from ancient Greek ideas of governance to modern written constitutions.
Contents of the Constitution
The contents of constitutions vary, but generally include provisions on the organization of the state, the powers of government, and the rights of citizens.
Classification of Constitutions
Constitutions can be classified based on various criteria, including:
- Customary vs. Written
- Rigid vs. Flexible
- Long vs. Short
- Programmatic vs. Regulatory
- Ideological vs. Utilitarian
- Positive vs. Negative
- Normative vs. Nominal vs. Semantic
This comprehensive overview provides a detailed analysis of different forms of government and the principles of constitutionalism.