GovernmentGovernment

and political systemsand political systems

This weekThis week

Government and civil society

Political systems

Government and civil societyGovernment and civil society

““Government” or “state”?Government” or “state”?

“State” is the better word

5 Characteristics1. Institutions2. Rules a territory3. Rules a population4. Monopoly of the legitimate use of force

internally and externally5. Diplomatic recognition from other states

The philosophical origin of the The philosophical origin of the modern state: The social contracmodern state: The social contractt

An intellectual justification for the state

From the state* of nature to the social contract

The need for public order & laws protection of life protection of property

Thomas Hobbes,1588-1679

John Locke,1632-1704

Jean-Jacques Rousseau,1712-1778

* Meaning the situation, the condition

The real, historical origin of the The real, historical origin of the satesate

Wars, civil wars & conquest National independences

achieved by force achieved by referendum

The state as a “protection racket” (Charles Tilly)

English Civil War 1642-1645

Voters in the South Sudan independence referendum, 2011

The constitutionThe constitution

Writing the state into existence The basic law of the state

determines the institutions basis for all other laws constrains the leaders, too

Changing the basic law: amending the constitution

The state and civil societyThe state and civil society

The influence of liberalism

Separate…

…yet mutually dependentCivil society

State

Country XYZ

IndividualsInterest groups

Socialmovements

(Business)

Criminalorganizations

Family

The function of the stateThe function of the state

State-civil society relations The systemic model

Individual 3Group 1

Group 2

Group 3Group n

Individual 1Individual 2

Individual n

State(political system)

Inputs:demands

& supports

Outputs:Rewards &deprivations

Feedback

David Easton 1917—

Country XYZ

POLITICAL SYSTEMSPOLITICAL SYSTEMS

The question of legitimacyThe question of legitimacy

Legitimate rulers & legitimate institutions who has the right to make decisions? according to what process?

Preventing the concentration of political power (in democracy)

The division of powers inside the stateThe division of powers inside the state

Origins in Roman Republic (508BC to 27BC) Modern version, a gradual process Strict division vs. flexible division of powers

MonocameralMonocameral(1 chamber(1 chamberor house)or house)

BicameralBicameral(2 chambers(2 chambersor houses)or houses)

1 upper house1 upper house1 lower house1 lower house

MonocephalousMonocephalous(1 head)(1 head)

BicephalousBicephalous(2 heads)(2 heads)

Legislative Legislative powerpower

(parliament)(parliament)

Executive Executive powerpower

(government)(government)

JudicialJudicialpowerpower

(courts/judiciary)(courts/judiciary)

JudgesJudges

Parliamentary system (Parliamentary system (Canada))

JudicialJudicialpowerpower

ExecutiveExecutivepowerpower

LegislativeLegislativepowerpower

Flexible division of powers

Canadian constitution

Parliamentary system: Parliamentary system: legislative power

One seat = one riding Members elected by direct

suffrage, 4-year terms Proposes, debates, amends,

passes laws Holds the government to

account (Question Period 1, 2) Party discipline Majority party forms the

government* Moderated by the Speaker

(neutral despite belonging to a party)

Number of seats varies by province Appointed by Governor General on

recommendation of Prime Minister Proposes, debates, amends, passes

laws Party discipline Retirement at age 75 Moderated by Speaker (neutral

despite belonging to a party) Controversies: not elected, low

attendance by some, expenses claims

House of House of CommonsCommons

308308

SenateSenate105105

Parliament of Canada

Current seats Current senatorsby party, by province

Where the real work is done:Where the real work is done:Parliamentary committeesParliamentary committees

Members can’t read all bills Party leaders appoint members to committees

committee composition reflects composition of House

committees can be high-profile or low-profile Where most of the work is done

issue-based committees in-depth examination of bills hearings from civil society drafting of reports based on hearings amendment to the bills

Bills go back to the full parliament for vote

Committees of the Parliament of CanadaCommittees of the Parliament of Canada - - House of Commons committees committees - - Senate committees committees - Joint committees- Joint committees

Hearings sometimes Hearings sometimes fairly dry, , sometimes controversial (sometimes controversial (1, , 2))

A committee room

Parliamentary system: Parliamentary system: executive power

Bicephalous Cabinet comes from House of Commons Cabinet needs support of the House of Commons The Prime Minister: only a tradition Queen Elizabeth II appoints GG on advice of Prime Minister Prime minister can prorogue parliament (suspend work) Prime minister can ask the GG to dissolve the House (i.e.,

call an election) GG gives Royal Assent to bills, which then become law

CabinetCabinet(including PM)(including PM)

GovernorGovernorGeneralGeneral

Head ofstate

Head of government

Government of CanadaCurrent Governor General

David L. Johnson, since 2010

Parliamentary system: Parliamentary system: judicial power

Highest court in the land, hence Supreme Court

9 judges Appointed by Queen in Council (GG)

on advice of Prime Minister Judges the constitutionality of

government decisions Controversies:

interpreting vs. making law judges’ bilingualism: compulsory or

not

JudicialJudicialpowerpower

Back Row: The Honourable Madam Justice Andromache Karakatsanis, the Honourable Mr. Justice Thomas A. Cromwell, the Honourable Mr. Justice Michael J. Moldaver, and the Honourable Mr. Justice Richard Wagner. Front Row: The Honourable Madam Justice Rosalie Silberman Abella, the Honourable Mr. Justice Louis LeBel, the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada, the Honourable Mr. Justice Morris J. Fish, and the Honourable Mr. Justice Marshall Rothstein.

A random case from March 2012:John Virgil Punko vs. Her Majesty the Queen

Presidential system (Presidential system (US))

LegislativeLegislativepowerpower

(Congress)(Congress)

ExecutiveExecutivepowerpower

JudicialJudicialpowerpower

Strict separation Strict separation of powersof powers

United States constitution

Presidential system: Presidential system: legislative power

Districts roughly proportionate to population

Elected by direct suffrage, 2-year terms

Proposes, debates, amends, passes bills

Negotiates bills with Senate Moderated by majority

leader (can change rules on partisan basis))

2 senators per state Elected by direct suffrage, 6-

year terms Proposes, debates, amends,

passes bills Negotiates bills with House of

Representatives Approves appointment of

ambassadors, Supreme Court judges; ratifies treaties

1/3 replaced every 2 years Moderated by majority leader

(can change rules on partisan basis)

House of Representatives

435435

Senate100100

Both chambers need to pass a bill and the president must sign the bill for it to become law. Congress overturn a presidential veto with a 2/3 majority in both chambers.Controls the budget.

US Capitol

Presidential system: executive Presidential system: executive powerpower

Monocephalous: head of government + head of state Elected by indirect suffrage for 4 years Cannot be removed* Cannot dissolve Congress Chooses secretaries to head government

departments Can propose bills to Congress Must sign bills from Congress or veto them within 10

days

ExecutiveExecutivePower:Power:

PresidentPresidentUS constitution

PresidePresidential system: judicial powerntial system: judicial power

Highest court in the land, hence Supreme Court

9 judges for life Appointed by president Confirmed by Senate Judges the constitutionality of

laws & government decisions Controversies:

interpreting vs. making law a very, very politicized appointment

process

JudicialJudicialpowerpower

US Supreme Court building

Current justices: Associate Justice Sonia Sotomayor (top row, from left), Associate Justice Stephen G. Breyer (Hon.’95), Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan; Associate Justice Clarence Thomas (bottom row, from left), Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg

How to elect a US president step 1:How to elect a US president step 1:Parties Parties choose a presidential choose a presidential candidatecandidate Party Primaries (Jan. before election year to summer of

election year) debates between candidates inside parties party members in each state give support to a candidate support takes the form of delegates

National Conventions held in summer of election year delegates vote for the person they want run for president for

their party the person chosen is the party nominee & the presidential

candidate for that party The nominees choose a running-mate

presidential nominee + running-mate = presidential ticket running-mate will be vice-president if ticket wins

Democratic Party

Republican Party

How to elect a US president step 2: How to elect a US president step 2: The role of the The role of the Electoral CollegeElectoral College

Each state, plus the District of Columbia, is given Electors

Number based on seats in the House of Representatives

Itself based on population size

Electors pledge to vote based on popular vote

Total = 538

How to elect a US president step 3:How to elect a US president step 3:Election dayElection day First Tuesday after the first Monday of November Voters vote for the ticket of their choice Voting methods & rules vary by state (computer,

touch-screen, punch-card, paper ballot, bubble-filling, etc.)

On the same day: many more separate elections Congressional elections (all House seats & 1/3 Senate

seats) governor of the state legislature of the state school board police chief ballot initiatives (referenda) many other elective offices

How to elect a US president step 4:How to elect a US president step 4:The The Electoral College voteElectoral College vote

ObamaMcCain

First Monday after the second Wednesday of December Ticket with most popular votes in a state gets all the

Electors of that state (except for Maine & Nebraska) Electors cast their vote in secret

The ticket with the most Electoral College votes wins

270 College votes are needed

Conclusion

Different organization of the institutions

Different relations between the three powers

Different ways of translating people’s voice into state decisions

ANNEX 1ANNEX 1: Looking inside the state: : Looking inside the state: public administration & state public administration & state employeesemployees

Roles Planning Advising Implementing Delivering

services

Status Few political

appointees Professionals Non-partisan Job security for

some Accountable

auditor ombudsperson

The State

ANNEX 2ANNEX 2: Semi-presidential : Semi-presidential systemsystemThis is for your personal interestThis is for your personal interestThere will be no exam question on thisThere will be no exam question on this

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Semi-presidential / Semi-presidential / mixed system mixed system (France)(France)

LegislativeLegislativepowerpower

ExecutiveExecutivepowerpower

JudicialJudicialpowerpower

PresidentPresident

GovernmentGovernment

French constitutionin English (Fifth Republic)

Strict separation Strict separation of powersof powers

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aterial

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aterial

Semi-presidential system: legislative power

Elected by direct suffrage Proposes, debates, amends,

passes bills Can censure the government

(prime minister & minister) who must resign

Elected by 150,000 “grands électeurs” for 9 years

1/3 replaced every 3 years Proposes, debates, amends,

passes bills

AssemblAssembléeéeNationaleNationale

577577

Sénat331

Palais Bourbon Palais du Luxembourg

Both chambers must approve the same bill for it to be law.The president must sign the bill for it to be law (promulgation).

Not exam material

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Semi-presidential system: Semi-presidential system: executive powerexecutive power

Elected by direct suffrage for 5 years

Chooses prime minister Can dissolve the Assembly Presides Council of

Ministers Promulgates laws May be removed by High

Court

Prime minister chooses ministers from the National Assembly to form the government

Ministers resign from the Assembly

Government needs support of Assembly

Proposes bills Falls if censured by

Assembly

Executive powerExecutive power

PresidentPresident

GovernmentGovernment

Palais de l’Élysée Hôtel de Matignon

François HollandePresident & head of state

Jean-Marc AyraultPrime minister &

head of government

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Semi-presidential system: judicial

Dual role consultative judges public

decisions Citizens vs. the

state

Four main chambers

Citizens vs. citizens Breaks or affirms

judgments of lower courts

Judicial powerJudicial power

5, Quai de l’horloge

Conseil d’ÉtatConseil d’ÉtatConseil d’État

Cour de cassationCour de cassation

Conseil Conseil constitutionnelconstitutionnel

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Semi-presidential system: judicial

A third judicial body: the Conseil constitutionnel

9 judges for 9 years, non-renewable 3 appointed by the president 3 appointed by the speaker of the National

Assembly 3 appointed by the speaker of the Senate

1/3 replaced every 3 years Main roles

consultative: executive or legislative asks it to assess constitutionality of laws & policies

supervises presidential elections & proclaims results

Not exam material

Not exam material