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Book Int Introd roducti uctio on to to Po Polit litical ical Scie Scien nce
Author Pro Prof. Dr. Muham uhamma mad d Sa Sarwar rwar
Politi Political cal Scie Science nce - Theor Theory y and Practi Practice ce Mazhar Mazhar ul Haq Haq
Pol. Science → Greek word polis
Definitions: 1) Prof. David Easton: Political Science studies the authoritative all ocation of values in a society. 2) General: Political Science deals with the state and the government and with all those laws which are made for the internal security of the state and keep the external dangers away. 3) Dr. Harold Lasswell: Politics: who gets what, when and how. 4) Encyclopedia Britannica:
5) Dr. Garner:
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Scope of Political Science 1. Family → Tribe → Society a. Building Block
2. State 3. Government 4. Political Institutions
) Exec xecutiv utive e () Judiciary ()
a. Legislature ( b. c.
5. Associations and Organisations a. NGOs
6. 7. 8. 9.
International Relations Political and Economic Aspects Communicational and Satellite Revolution Behaviours of Individu Individuals als Prof. David Easton + Trueman + Almond A lmond Exceptional view
10. Mutual Relations of Individu Individual al 11. Political Concepts a. b. c. d.
Socialism Communism Fascism Capitalism
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Scope of Political Science 12. 13. 14. 15.
Analysis of the Past Study of the Present Understanding the Future Course Study of Rights and Duties ○
Gettle:
UNESCO: United Nations Educational, Scientific and Cultural Organisations.
Q= Nature of Political Science 1. A Science ( 2. 3. 4. 5. 6.
)
Specialisations Social Science New directions Pressure Politics Public Opinion
Q= Is Political Science a science? Aristotle ○ The Politics Political Science should be made a science: 1. Jellick 2. Sir Frederick Pollock 3. Burgees 4. Aristotle 5. Bodin 6. Hobbes Political Science is not a science from any aspect: 1. Lord Bryce 2. Buckle 3. J. S. Mill 4. Bismarck 5. Maitland 6. Augusta Comte (French thinker) 7. Walter Lippmann (American educationist and philosopher)
Science: A branch of knowledge dealing with fact or truth, systematically arranged, and showing the operation of general laws.
Robert Field:
Arguments in opposition: 1. Absence of Laboratories 2. Absence of Solid S olid and Universal Principles 3. Absence of Authenticated Terminologies Terminologies 4. Difference in Method of Research 5. Contradiction in Habits and a nd Emotions
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Arguments in Favour 1. Uniform Terminologies and Principles a. b. c. d.
Law of Liberty Power of Sovereignty Rule of Law Democracy
Aristotle:
Exploitation, poverty and depression make the way for dictatorship.
Ibn e Khaldun The Rule of ups and downs.
2. Experiments ( ) and Observations ( ): All societies and governments are experiments and observations
Gill Crist:
Every change, battle and law of the government is an experiment for Political Science.
3. Solid and Universal Principles ( ) Karl Marx:
4. Astronomy ( ), Metrology ( ) and Geography (
):
Not 100% result
5. Predictions ( ): Aristotle Ibn e Khaldun:
Conclusion: Although Political Science is not a pure science like natural sciences (Biology, C hemistry, Physics) but still it could be counted as a social science like others (Economics, Psychology, Sociology).
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Relations with Social Sciences Political Science and History 1. 2. 3. 4.
Laboratory ( ) Common Topics ( ) Evolution of Institutions and Theories Inseparable ( ) John Seeley History without political science has no fruit; Political Science without History has no root. Lord Acton
Differences: 1. Sequence-wise study 2. Study of the Past 3. Scope
Political Science and Economics 1. Same subject in the Past ○
2. 3. 4. 5. 6.
Political Economy
Economic Background of Political Theories ( ) International Effects ( ) Effects of Economic Changes Concept of Welfare State ( ) Effects on Ethics and Character
Differences: 1. Economic and Political Aspects ( ) Conclusion (
)
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Political Science and Ethics 1. Laws and Ethics ( ) 2. Social Sciences ( ) Both are social sciences.
Kant:
3. 4. 5. 6.
Standard Subjects Religionss and Ethics Religion Ethical Aspects of Rights and Duties ( ) Purpose of State
Differences: 1. Internal and External Aspects 2. Universality () 3. Philosophy (Ethics) and Practical (Pol. Sci.) 4. The Present World and the Next World
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Political Science and Sociology Sociology is called the mother of social sciences. It includes: Institutions Conventions Economics Ethics • • • •
1. 2. 3. 4.
Social Sciences Common Topics Whole (Sociology) and Part (Pol. Sci.) Guidance from Sociology ○
Magna Carta
5. Inseparable 6. Sociological Method ○ ○
Ibn-e-Khaldun Montesquieu
Differences: 1. Scope Sociology
↑
Political Science ↓
2. Thorough Study Political Science
3. Planning for future Sociology
→
Past Present
Political Science
→
Past Present Future
4. Psychological Method
Sub-Fields: (i) Public administration (ii) International Relations Sparta + Athens (iii) Local Government Lord Rippon → Basic Democracy (iv) Political Theories (v) Comparative Politics
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State Treitschke: The state is in itself an ethical force and a high moral good. Angels: The state is a product of society at a certain state of development. Gettle:
English version of this definition is on page '29 October 2013'.
Elements of the State 1. Population ( ) Aristotle ○ Rousseau ○ Plato (5040) Smallest states: Vatican City → population: 839 (July 2013); area: 110 acres (44 ha) Monaco → population: 36,371 (2011); area: 2.02 kilometer square Noru → 12000 Andora → population: 7,657 (31 Dec 2010); area: 31.61 km. sq. ○
2. Territory () Russia has the largest territory i.e. 170,75,400 sq. km.
3. Government ○ ○ ○
Legislature Judiciary Executive
4. Sovereignty a. Internal sovereignty b. External sovereignty
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Gettle: He considers state as an organised collective entity of the individuals, occupying occupying a particular territory, free from external ex ternal control, and having their own government, the letter is vested legislation but is also empowered to implement law over individuals and their associations. Laski: regards state as a territorial terri torial social organisation consisting of ruler and ruled and which commands supremacy over all institutions within its territorial boundaries.
Functions of the State ( ) Primary Functions 1. Maintenance of Law and Order 2. Defense 3. Administration of Justice
4. Conduct of Foreign Affairs Secondary Functions 1. Economic Planning 2. Social Security ( ) 3. Transportation and Communication 4. Promotion of Health and Education 5. Regulation of Trade and Industry
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Secondary Functions of the State 6. Security of Life
Welfare State ( ) Laski (Father of the Welfare State): Laski has defined welfare state as a polity that provides to i ts people socio-economic opportunities and means on wider scale for social welfare. Kant:
Features of a Welfare State 1. Welfare 2. Provision of Basic Needs of Life 3. High Standard of Life 4. Safeguard and Liberty 5. Best Social Atmosphere 6. Agricultural Development 7. Social and Ethical Reforms
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Q: Western and Islamic Concept of State Western Views Heagle: The state is God's march on the earth. Aristotle: considered state as a natural institute which is for the human being to build their character and to provide the necessities of life. Idealist: State is an end itself and this end is the most superior. Karl Marx State is a form of the alliance of Lords. State is never confidered a means or the welfare of the state. State is not a natural and origi nal organisation. Anarchist deny the existence of state. They consider state as an evil but they always try to use efforts to destroy the existence of state.
Islamic Concept of State 1. Government Khilafat. Advisory Council (
)
2. Sovereignty → Allah a. Internal Sovereignty b. External Sovereignty
) 3. Charity or Almsgiving ( 4. Population 5. Territory
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Introduction to Sovereignty The word sovereignty is derived from the Latin word "superanaus" which means supreme. Sovereignty is an essential element of state. State cannot exi st without sovereignty. State is regarded superior to other associations only because of sovereignty. In fact, modern theory of state got its proper shape and perfection only when the the concept of sovereignty was introduced in it. When we try to search for the origin to this concept we find that the term sovereignty is the product of modern political thinking but the ideas go back to the time of Aristotle who referred to it as the supreme power of the state. In middle ages, Roman jurist and civilians were also familiar to this idea but it was Jean Bodin (1530-1596)who developed for the first time the theory of soverei gnty, systematically, in his book, 'De la republica'.
Definitions Kelsen In its original and only specific meaning, sovereignty means supreme authority. Jean Bodin Sovereignty is the supreme power over citizens and subjects unrestrained by law. Pollock says that sovereignty is that power which is neither temporary nor delegated nor subject to particular rules which it cannot alter nor answerable to any other power on the earth.
Burgees described the sovereignty as original, absolute, unlimited power over the undivided subjects over all associations subjects. It is the un-derived and independent power to command and compel obedience.
Laski Sovereignty is legally supreme over any individual or groups. It possesses supreme coercive power.
So, we can say that the above definitions may differ from each other but one thing is very clear and there is no doubt; the superior authority of sovereig nty.
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Attributes (Features) of Sovereignty 1. Absoluteness ( ) Sovereignty is absolute from the legal point of view.
2. Indivisibility ( ) Jellick says that sovereignty is indivisible. Sovereignty can not be divided between or shared by a plurality. Gettle If sovereignty is not absolute, no state exists. If sovereignty is divided more than one state exists. But, with the emergence emerge nce of the concept of federalism, the idea of dual sovereignty was provided by Tocqueville, Wheaton and Halleck. Russia → 15 States in 1990 Creation of Bangladesh → 16th December 1971 Czechoslovakia → The Slovakia Republic and Czech Republic Re public → 31 December 1992
3. All-Comprehensiveness (
)
Burgees Sovereignty of the state is universal. It extends to all within its terr itory.
4. Permanence (
)
Sovereignty is permanent. It lasts as long as its state. C hange in government does not end sovereignty but only transfers it to the next beare r.
5. Exclusiveness ( ) Sovereignty is exclusive state and alone has the sovereig n authority and legitimate power to make citizens obey its dictate. It is again important to note all these attributes of sovereignty are peculiar to the legal nation of sovereig nty. They are best representative by an absolute monarchy.
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Attributes (Features) of Sovereignty 6. Inalienabil Inalienability ity ( ) Sovereignty is inalienable. Sovereignty of the state cannot be given away without destroying the state. 1956 → America bought Alaska 1958 → Huawei
7. Imprescriptibi Imprescriptibility lity ( )
Hong Kong Kargil
Kinds of Sovereignty Sovereignty can be classified into different kinds. This classification is based on the location of sovereignty.
1. Titular and Actual Sovereignty (
)
By Titular sovereignty, we mean sovereignty by the title only. It refe rs to the sovereign powers of the king or monarch who has ceased to exercise any real authority. In theory, he may still possess all the power but in practice sovereig n power is enjoyed by some other person or body of persons. Titular sovereign is only a symbol of authority; a legacy of the past. The Britain presents a good example of titular sovereignty. The king is the titular head and he does not enjoy any real power. A ctual powers are enjoyed by the parliament or cabinet. In India, the president is the titular sovereign and the cabinet is the re al sovereign.
2. Legal and Political Sovereignty (
)
The Congress of USA. The Queen of Britain and its parliament
Legal sovereignty grants rights to its citizens and there can be no rights against it. It means rights to citizens depend on the will of legal sovereig n and, anytime, he can take them away. Legal sovereignty has following attributes 1) The legal sovereignty is always definite and determinate. 2) It may reside either in one person or in a body of persons. 3) Rights of citizens are a gift of leg al sovereignty. 4) The will of state is expressed by the le gal sovereignty only.
3. Dejure Sovereignty (by law) 4. De Facto Sovereignty (in fact - )
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Islamic Concept of Sovereignty •
•
2:20
2:255
1. Caliphate ()
7:128
•
•
2. Rule of Law 3. Rights and Liberty 4. Advisory Council ( )
•
42:38
1. System of Accountability A ccountability ( ) 2. Tolerance and Understanding
Attributes of Islamic Sovereignty 1. Absoluteness ( )
3:26
2. Unique Capacity/Exclusiveness ( ) 3. Permanency
•
•
55:26-27
2:255
4. Not transferable 5. Universality/All-Compre Universality/All-Comprehensiveness hensiveness ()
7:54
•
•
6. Powerness
•
2:165
40:64
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Kinds of Sovereignty 5. Political Sovereignty Background of legal sovereignty All these influences are the real power behind the legal sovereign and this is called political sovereignty. As Professor Gill Crist says, the political sovereignty is the sum total of the influences in the state which lie behind the law. The political sovereignty is not known to law. In modern representative democracy, political sovereignty is very often identified with either the whole mass of the people or wi th electorate or the public opinion. The legal sovereignty cannot act against the political sovereignty.
6. Popular Sovereignty When the sovereignty resides in the people of the state, it is called as popular sovereignty. This theory was expounded by Rousseau. When this letter became the slogan of French Revolution, the doctrine of popular sovereignty regarded people as the supreme authority. It is people w ho decides right or wrong. People are not bound by any natural and divine law. Government exists only as a tool for the good of the people. It should be held directly responsible to the people. Will of the people is not ignored. Popular sovereignty is the basis of modern democratic system
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Federal Form of Government This word is also derived from the Latin word foedus
Definition: 1) Hamilton: Federation means an association of states states forming a new one. It is an organisation of states states that gives birth to a new union. 2) Montesquieu It is a convention through which different states organise themselves into a wider union.
3) Professor Dicey It is a political contrivance intended to reconcile national unity with the maintenance of state rights.
Definition Definitio n by Oxford Dictionary A group of states with a central g overnment but independence in internal affairs, e.g. the Russian Federation.
Salient Features/Attribu Features/Attributes/Characte tes/Characteristics ristics 1. Division of Powers In a federal government, the powers of administration are divided between the center and the units. The powers may be distributed in one of the two ways. Either the constitution states what powers federal authority shall have and leaves the remainder to the feder ating units. The remainder is generally known as residuary powers. The first method method was employed in America and second in Canada
i. Basic Principles ( ) ii. Principle of Concurrent powers
2. Supremacy of the Constitution The constitution is the supreme law in federation. Neither the central gover nment nor the government of the units can go against its spirits.
3. Written and Rigid Constitutions ( ) A federation must have a written constitution which is not easily changeable. A federation is a political partnership of various states and, consequently, there must be a written constitution. Unless it is a written, disputes may arise between the two se ts of government regarding their jurisdiction.
The constitution of a federation should be better rigid so that it could be regarded as a sacred agreement, the spirit of which can not be easily violated.
Countries with federal government: India Pakistan USA Canada Germany Australia Russia • • • • • • •
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Salient Features/Attribu Features/Attributes/Characte tes/Characteristics ristics 4. Independen Independentt Judiciary ( ) In a federation, there are possibilities of constitutional disputes, arising between the center and the units or between one unit and another or between the citizens and the government. For this purpose, independent judiciary, with wide powers, must be established. It should act as the custodian and guardian of the constitution.
5. Double Citizenship (
)
Citizenship in a federal state has dual interest and citizens should be given rights of dual citizenship. Citizenship of the state wherein they are domiciled and citizenship of federal state as a whole.
6. Bicameral legislature ( ) In a federation, le gislature should be bicameral; consisting of two chambers. The people and the units should be given representation separately; people in the lower chamber while the units in the upper chamber, on equality basis.
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Advantages of Federalism 1. Every province has political, social and economical problems peculiar to the region itself. Provincial government representative live in close proximity to the people and, or the most of the times, from the same community so that they are i n a better positions to understand these problems and offer unique solutions for them. 2. Federalism offers equal represe ntation to different population. Citizens of various provinces may have different aspiration, authenticity and follow different cultures. The central government governme nt can sometimes overlook these differences and adopt policies. Local needs, tastes, and opinions are given due consideration by the state government. Right of the minorities are protected to e.g. in states like Arizona, where there is large Hispanic population, and therefore, a large number of schools provide bilingual education. 3. State government has the freedom to adopt policies which may not be followed nationally or by any other state, e.g. same-sex-mar riages are not recognised in the federal government of US but they are given legal state within the states of Connecticut Lover Mont. 4. Division of work between the central and regional governments leads to optimum utilisation of recourses. The central governments can focus on International affairs and defense of the country while the provincial government can cater to the local needs. 5. Federalism has room for innovation and experimentations. Two local governments can have two different approaches to bring reforms in my area of public domain, be it taxation or education. The comparison of the results of these policies can give a cle ar idea of which policy is better and, thus, can be adopted in the future.
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Merits of Federalism 1. 2. 3. 4. 5. 6. 7. 8. 9.
Suitable for large states Strong government Benefits of distribution of works Enhancement in national dignity Prevention of absoluteness World State Opportunities of experiments Combination of unity and autonomy Suitable for the cultures of all the t he regions
Demerits (Disadvantages of Federal System) 1. Creates Confusion Sharing of power between the center and the states creates confusion. Sometimes, there can be overlapping of work and subsequent confusion regarding who i s responsible for what e.g. when Typhoon Katrina hit greater New Orleans, US, in 2005, there was delay in the rescue work as there was a confusion, between the state governments and federal government, on who is responsible for which disaster management work. This resulted in the loss of many many lives.
2. Very Expensive Federal system of government is very expensive as more people are elected to office, both, at the state and at the center, than necessary. Thus, it is often said that only rich countries can afford it. Too many elective representatives with overlapping rules may also leads to corruption.
3. Unnecessary Competition Federalism lead to unnecessary competition between different regions. There can be a rebellion by a regional government against the national government to.
4. Regional Inequalities Federalism promotes regional inequalities. Natural resources, industries, employment, opportunities, differ from region to region. Hence, earning and wealth are unevenly distributed. Rich states offer more opportunities and benefits to its citizens than poor states can. Thus, the gap between rich and poor states widens.
5. State-Government Selfishness Federalism can make the state-government selfishness and concern only about their own region's progress. They can formulate policies which might be determinant to other reg ions e.g. pollution from a province which is promoting industrialisation in a big way can affect another region which depends solely on agriculture and cause crop damage.
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Demerits (Disadvantages of Federal System) 6. Does Not Eliminate Poverty Federalism does not eliminate poverty. Even in New York, there are poor labour hoods like Harlem with the majority of black population. The reasons for this may be that during policy framing, it is the intellectuals, and not the masses, who are i nvited by the local government.
Conclusion Thus, it is understood that there had been both, advantages and disadvantages in US. There is a general feeling that the rights of the mi norities, like blacks, are compromised in US but, at the same time, US now has a democratically elected African-American President. Similarly, there had been advantages and disadvantages of federalism in other countries as well.
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Unitary Form of Government 1. Dicey In such type of government, central government, constantly, uses the power of legislation.
2. Fiez Such type of government in which all the the powers belongs to a central government. A unitary government may be defined as in which the powers are concentrated in the hands of a central government. There may be local governments. These are created and deriv e their power from the central government and as such a subordinate to the same in all r espects. They are mere agents of the central government. The best example of the unitary government is that of the Great Britain and France.
Merits of Unitary Form of Government 1. Strength and Stability of Government The great merit of unitary form of government is its strength and wider. The central government with its vast powers and control over local administrations can deal effectively and vigorously with all questions; internal and external. It checks centrifugal forces and saves administration from dis-corruption. The strength of the centralised unitary state is especially manifested in foreign policy and national defense.
2. Uniformity of Law's Policies In unitary form of government, there is a uniformity of law's policy and administration throughout the country because there is no autonomous units as they are in fede ral state.
3. Simplicity in Organisation The unitary state is simple in organisation as there is a single administrative system to execute laws and policy. This saves money. It is therefore less expensive form of government than the federal one.
4. Appropriate/Suitabl Appropriate/Suitable e for Small Sma ll States Unitary form of government is most suitable system for small states. Central government can easily control a small area and small populated state.
5. National Unity and Integration In unitary state, there is uniformity in laws and policies. All the decisions are made by central government. So, it is easy to establish national unity and integration.
6. Quick Decision In unitary state, there is no concept of provincial government or decisions are m ade by the central government. So, central government can make decisions easily.
7. Free from Complications Unitary form of government is very easy. Common man can easily follow it. There are not any disputes or complications like in federal state.
8. Safeguard of National Integration
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Salient Features of Unitary Form of Government 1. In unitary government, there is not such constitutional division of power except that there may be the delegation of authority by the central government to the local one. In a federal government, constitution is the supreme. 2. The federal government determines the powers between the two sets of governments, both of which are equal before the constitution but in the unitary gover nment, the central government may be the supreme authority, exercising all the powers. 3. In the federation, the units are independent of center in their own sphere, whereas, in unitary form of government, the local or unit governme nt in authority are subordinate to the center. 4. A unitary government may have unwritten and flexible constitution but a federal government can not work successfully unless it possesses a written and rigid constitution. 5. In federal government, generally, the judiciary plays a vital part in administration. It decides the disputes that may crop up between the central and provincial government or betwee n one unit and the other. It interprets the constitution and may declare an act of any government as ultra wires. The judiciary in the unitary form of government does not possesses any such powers as there is no need to have an authority to decide conflicts of jurisdiction between center and local authority. There, the central government is supreme over the local governments.
Demerits of Unitary Form of Government 1. Not Suitable for Large Territorial States Modern experience has shown that large territorial states, wi th their great diversity of culture, language and tradition, can not be effectively governed from a single center. These conditions demands a federal form of government.
2. Inclined to Disregard Local Needs and a nd Interests A centralised unitary government is inclined to disregard local needs and interests. It is partly because it is situated far away in the capital but mainly because it has neither knowledge nor contact with local conditions and affairs.
3. Dangers of Dictatorship of Central Government
The State and its Elements 2013 04
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Definitions → Meaning: The state is the most universal and most powerful of all social institutions. The state is a natural institution. Aristotle said that man is a social animal and by nature he is a political being. The modern term 'state' is derived from the word 'status'. It was Nicedo Machiavelli (1469-1527) who first used the term 'state' in his writings. His important work is titled as 'Prince'. The state is the highest form of human association. It is necessary because it comes i nto existence out of the basic needs of life. It continues to remain for the sake of good life.
Definition: 1) According to Garner State is a community of people occupying a definite form of territory fre e of external control and possessing an organised government to which people show habitual obedience. 2) Burgees defines the state as A particular portion of mankind viewed as an organised unit.
Elements 1. Population It is the people who make the state. Population is essential for the state. Greek thinkers were of the view that the population should neither be too big nor too small. According to A ccording to Aristotle, the number should be Plato, the ideal number would be 5040. According neither be too large enough to be self-sufficing nor small enough to be well governed. Rousseau determined 10,000 to be an ideal number for a state. Greek thinkers', like Pl ato's and Aristotle's, thinking on the number was based on small city-states like Athens and Sparta. However, modern states vary in population.
2. Territory
○
There can be no state without wi thout a fixed territory. People need territory to live and organise themselves socially and politically. It may be remembered that the territory of the state includes land, water and air-space. The modern states differ in their sizes. Territory is necessary for citizenship. As in the case of population, no definite size, with regards to extent of area of the state, can be fixed. There are small and big states. In the words of Prof. Elliott , "territorial sovereignty or the superiority of state, overall , within its boundaries, and complete freedom from external control has been a fundamental principle of the modern state life.
3. Government
○
○
Government is the third element of the state. There can be no state without government. Government is the working agency of the state. I t is the political organisation of the state. Prof. Appadorai defined government as the agency through which the will of the state if formulated, expressed and realised. According to C. F. Strong , in order to make and enforce laws, the state must have supreme authority. This is called government.
4. Sovereignty
The fourth essential element of the state is soverei gnty. The word 'sovereignty' means supreme and final legal authority above and beyond which no legal power exists. The concept of 'sovereignty' was developed in conjunction with the rise of the modern state. The term sovereignty is derived from the Latin word superanaus which means supreme. The father of modern theory of sovereignty was Jean Bodin (1530-1597), a French political thinker. Sovereignty has two aspects i. Internal Sovereignty ii. External Sovereignty Internal sovereignty means that the state is supreme over all i ts citizens and associations. External sovereignty means that the state is independent and free from foreign or outside control.
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Functions of Unitary Form of Government
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4. Concentration of Power Concentration of Power tends to make the central government despotic. The subordinate position of local government deprives them of initiative and time to devote the local affairs without first getting orders or powers from the superior central authority. Hence, they usually neglect them. Central authority impairs the vitality of the local governments and facilitates the development of the centralised bureaucracy.
5. More Responsibilities Responsibilities on Central Government In unitary form of government, there are top much responsibilities on central government. For this reason, decisions cannot be made quickly. Government officials make the decisions according to official method and they do not try to follow the people or point of view.
Confederation 1. Dr. Garner There are many sovereigns in confederation. In fact, all the states included are soverei gn.
2. Hall Confederation is union of independent states which establish for particular purpose.
A confederation is an association of sovereigns. Sovereign member states that by treaty have dele gated certain of their powers to common institutions in order to coordinate their policies in a number of areas, without constitutions of a new member states under international law. A confederation respects the sovereignty of its members and its constituting treaty can only be changed by unanimous. A confederation in modern political terms is a permanent union of sovereign states for common actions in relation to other states, usually created by treaty but often, later, adopting a common constitution. Confederations tend to be established for deciding with critical issues such as defense, foreign affairs or a common currency with the central gover nment being required to provide support for all members.
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Confederation Thus confederation is union of independent states but it is quite different from federation. The nature of the relationship among the states constituting a confederation varies considerably. Likewise, the relationship between the member states and the central g overnment and the distribution of powers among them is highly virile. Some looser confederation are similar to intergovernmental organisation, while tighter confederations may resemble federation. In a non political context, confederation is used to describe a type of organisation which consolidates authority from other semi-autonomous bodies. Examples include sports confederations or confederations of Pan-European trades unions
Confederation Confederatio n vs. Federation 1. Supreme Court 2. Base 3. Citizenship The following are the distinction between federation and confederation. 1) In confederation, the states do not give up their sovereignty but, in federation, the federating units give up their sovereignty and a new state come into being and sovereignty belongs to the new state. 2) The common authority in a confederation deals only with the governments of confederation and not with their citizens while the federal government can directly deal with citizens. 3) In a confederation, the central government does not possess any independent power of law making. It can make only proposals of laws which may be enacted by the g overnment of confederating states. The central government in a federation is, however, his independence power of law making regarding those subjects which are all otted to it by the constitution. All federating states are bound to obey such laws.
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Q= Difference between Confederation and Federation 4) A federation is one international person. The federating unit can not become member of an international organisation like UK (United Kingdom). If a war breaks out between the unit of federation, it will be civil power. On the other hand, e ach of the confederating state is an international person; each can become the member of an i nternational organisation state. state. If a civil war breaks out between confederation states, it wi ll be an international war. 5) A confederation by its nature is a temporary union. It come into e xistence by means or pact or treaty between different states. The confederating state can wi thdraw from union from any time. On the other hand, a federation is the product of constitution. The central government will not allow any state to break away from the union. A federation is therefore most able than a confederation.
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Parliamentary Form of Government A parliamentary form of government is a system in which ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body. Such that the ex ecutive and legislative branches are inter-wined. A parliamentary system is a form of government in which the real executive, the cabinet, is responsible for its actions and policies to the legislature, and remains in office as long as it enjoys the confidence of the legislature, of lower or popular chamber, if the legislature is bicameral. If its policies do not receive the support of the le gislature, the voters go through new elections. Then the party obtaining a majority in the new legislature form the cabinet of the government. This type of government is also called cabinet or responsible or ministerial form of government. It is called parliamentary form of government because the legislature or the parliament is considered to be superior to the exe cutive or the cabinet.
Countries having parliamentary form of government Japan India Britain (Mother of parliamentary form of governments) Canada Australia Bangladesh Pakistan • • • • • • •
Main Features of the Parliamentary Form Form of Government 1. Titular Head of State The state administrated by this type of government possesses a titular or nominal head of the state. The government is legall y carried on in his name, but actually he enjoys only a position of titular head, without any real power. The head of the state may be an elective president as in Pakistan or a hereditary monarch as in Britain or a nominated governor general as in the dominions like Canada and Australia.
2. Cabinet is the real executive The real executive authority is the cabinet (body of ministers), headed by a prim e minister, who are members of the legislature, le gislature, the lower house.
3. Responsible Government The cabinet is immediately responsible to the legislature. This means that this is answerable for its policies and actions to the legi slature and its tenure of office is dependent on the will of the legislature. The responsibility of ministers is collective. A vote of no confidence against one minister is regarded as a vote of no confidence against the entire cabinet.
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4. Cabinet is Homogeneou Homogeneouss Members of the cabinet are the me mber of the legislature. They are taken from the party commanding the majority in the legislature. The leader of the majority party becomes the prime minister and on his advice other ministers are appointed by the head of the state or the presidential. Thus, the cabinet is a homogeneous body. If no party in the legislative enjoys the clear or absolute majority, two or more parties join together to form the cabinet, known as coalition cabinet.
Merits (Advantages) of Parliamentary P arliamentary System See in extra notes.
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Demerits of Parliamentary System 1. Cabinet Dictatorship (
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659 members → House of Common 25-30 members → Cabinet members
2. 3. 4. 5.
Instability ( ) Inexperienced Ministers ( ) ) Protection of Personal Interests ( Opposite to Separation of Powers ○
The idea of separation of powers was given by Montesquieu
6. Criticism for the sake of criticism 7. Horse Trading and Floor Crossing ( 8. Slow System of Government ( ) 9. Expensive System of Government
)
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Presidential Form of Government Introduction Presidential system is a form of government in which the real exe cutive powers are exercised by an elected president, whose tenure of office is not dependent on the will of legislature. The president is not only the head of the state but also the e xecutive. It is called presidential because, in this system, the president is the real head of executive and of the state. It is, sometimes, called a non-parliamentary government. In this system, an executive branch exists and resides separately from the leg islature to which it is not r esponsible and which can not dismiss it in any circumstances.
Definition A presidential form of government is a system of government where an executive branch is lead by a president, who serve as both, head of the state and the head of the government.
Features 1. The president, the head of the state, exercises real executive authority. 2. The president appoints a number of ministers (in the USA, they are called secretaries) to assist him in his works. The ministers are his subordinates and are responsible to him. 3. The president is elected for a fixed ter m. He cannot be turned out by the leg islature before the expiry of that term. 4. The president is not responsible to the legislature nor are his secre taries responsible to the legislature. They may be removed only by the president. 5. The president is not a member of the legislature. 6. There is a complete separation of powers between ex ecutive and legislature with the system of check and balance.
Countries having presidential form of government America Brazil Argentina Egypt Philippines Mexico Afghanistan • • • • • • •
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Advantages of Presidential Form of Government 1. Direct Mandate A prime minister is usually chosen by the majority of the people re presentatives while a president is directly chosen by the people. According to the supporters of the presidential system, a popularly elected leadership is inherently more democratic than a leadership chosen by a legislative body, even if the legislative body was itself elected to rule through making more than one electoral choice. Voters in a presi dential system can more accurately indicate their policy preferences, for example, in the U S of America, some political scientists interpret the late cold war tendency to elect a Democratic Congress and a Republican President as the choice for a Re publican Foreign Policy and a Democratic Domestic Policy.
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2. Separation of Powers The fact that a presidential system separates the executive system from the legislature is sometimes held up as an advantage. In that, each branch may scrutinize the actions of the others. In a parliamentary system, the executive is drawn from the legislature, making criticism of one by the other considerably less likely. A former condemnation of the executive by the legislature is often regarded to be a vote of no confidence. According to the supporters of the presidential system, the lack of checks and balance means that misconduct by a prim minister may never be discovered. Writing about Watergate, Woodrog Wyatt, a former MP (member of the parliament) in the UK, said, "Don't think a Watergate could not happen here. You just would not hear about it."
3. Stability The presidential system guarantees the stability in the country while most parliamentary governments go long periods of time without a no confidence vote. Italy, Israel and the French Fourth Republic have, all, experienced difficulties maintaining to relish on coalitions. As they often do in nations, that use a system of proportional representation, extremist parties can theoretically use the threat of leaving a coalition to further their agendas.
4. Meeting Emergencies Many people consider presidential system to be more able to survive emerg encies. A country under enormous stress, may supporter's arguments be better, of being lead by president with a fixed term than rotating preneurships. France, during the Al geria controversy, switch to the semi-presidential system, as did Sri Lanka during its civil war. In France and Sri Lanka, the results are widely considered to have been positive.
5. Independe Independent nt Legislature Under the presidential system, the legislature can always maintain its independent and can legislate without interference of the government. Even if the president's party is a majority, in the legislature, there is no guarantee that l egislature will always follow the president blindly. Supporters of presidential system note that parli amentary system frequently go through disrupted cabinet shuffles where legislatures are moved between part flaws. Whereas, in presidential system, cabinet shuffles are unheard of.
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Demerits of Presidential Form of Government According to Dr. Garner, presidential form of government is autocratic, irresponsible and dangerous.
1. Tendency towards authoritarianism The presidential system develops the tendency towards authoritarianism and dictatorship as winning the presidency is a winner taker or zero sum prize. A prime minister who does not enjoy a majority in the legislature leg islature will have to either form a coalition or, if he is able to lead a majority government, govern in a manner acceptable to, at least, some of the opposition parties. Even if the prime minister leads a majority government, he must, still, govern within constrains as determined by the members of tis party. A prime minister, in this situation, is often at greater risk of losing his party l eadership. Then, his party is at risk of losing the next election. On the other hand, once elected presi dent cannot only marginalize the influence of other parties but can exclude several functions in his own party as well, or e ven leave the party whose ticket he was elected under. The president can, thus, rule without any allies for the duration of one or possible multiple terms; a worrisome for many interest groups. Juan Liz argues that in a presidential system, the legislature and the president has equally valid mandates from the public. There is often no way to reconcile the conflict betwee n the branches of the government. When president and legislature are in disagree ment and government is not working effectively, there is a powerful incentive to imply extraconstitutional measures to break the deadlock.
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Legislature The legislature is law making branch. The legislature has an important role in the amendment of the constitution. The legislature is a deliberative body where matters of social, economical and political concerns are discussed, debated and decided. The British parliament is said to be the mother of parliame nts. It is the oldest legislature in the world. According to Professor Laski, Law making is not the only functions of the le gislature but its real function is to watch the process of administration to safeguard the liberties of private citizens. The legislature of the union is called the parliament in Pakistan and India. It consists of two cambers; (i) Upper House (ii) Lower House In Pakistan, the Parliament Parliame nt consists of: (i) Senate. (ii) National Assembly. In India, the Congress consists of: (i) The Council of States or The Rajya Sabha. (ii) The House of the People of The Lok S abha. In Switzerland, the Federal Feder al Assembly consists of: (i) The Council of States (ii) National Council In Japan, the National Diet consists of: (i) The House of Councilors. (ii) The House of Representative. In Canada, the Parliament Parliame nt consists of: (i) Senate. (ii) The House of Commons. In Australia, the Commonwealth Parliament consists of: (i) Senate. (ii) The House of Representative. In South Africa, the Union Parliament consists of: (i) Senate. (ii) The House of Assembly. In France, the Parliament consists of: (i) Senate. (ii) National Assembly. In Great Britain, the Parliament consists of: (i) The House of Lords. (ii) The House of Commons.
In United States of America, the Congress consists of: (i) Senate. (ii) The House of Representative. In Russia, the Federal Assembly A ssembly consists of: (i) State Duma. (ii) Federation Council.
Kinds of Legislature (i) Unicameral (ii) Bicameral
Functions of Legislature 1. Law Making 2. Financial Functions ○
3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Auditor General
Executive Functions Judicial Functions Power to Amend the Constitution Electoral Functions Functions regarding to Foreign Affairs Prevention of Public Grievances Functions of Public Opinion Investigatory Functions National Policies International Relation
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Executive Executive is that organ of government which enforces the wi ll of the people as formulated in laws. The term is used in broad and narrow sense. In the broad sense, the executive includes the supreme head of the state, his ministers and all other officials, high and low, who are concerned wi th the execution of laws and related affairs. In the narrow sense, if simply refers to the chief executive and his advisors, who determines the policy of the government and sees that the l aws are properly enforced and implemented. In the presidential system of government, president and the members of his cabinet are e xecutive, while, in the parliamentary system, prime minister and his members are executive, who are chosen by the majority party in the parliament. They head the administrative departments, initiate legislation and get it passed by the parliament. The implementation of laws and policies of the government is the function of permanent civil servants who are recruited at fixed age and remain in office till the age of retirement. With permanent carrier, thus, the e xecutive in the Great Britain means the team of executives and ministers, headed by prime minister; In United States, the president and his secre taries; and in Pakistan, the prime minister and his cabinet and those subordinate officials who carry out the policy and enforce the laws. The executive branch, the gover nment, is the part of the government that has sole authority and responsibility for the daily administration of state bureaucracy. The divisi on of power into separate branches of the governme nt is central to the idea of the Separation of Powe rs.
Kinds of Executive 1. Nominal and Real Executive 2. Single and Plural Executive ( ○
)
Switzerland: Federal Council is based on 7 members who become pre sident or prime minister every year.
3. Parliamentary and Presidential Executive 4. Permanent and non-Permanent Executive
Functions of Executive 1. 2. 3. 4. 5. 6. 7. 8.
Establishment of Internal Peace and Security Defense of the State Foreign Relations Judicial Functions Legislature Powers Financial Powers Public Welfare Powers of Appointment
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Judiciary Judiciary is the third organ of the government which occupies an eminent position and performs important functions. Its main function is to dispense justice. The demand of justice is inherent in man and this is filled by the judiciary. The only independent judiciary can perform this function. The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes under the doctrine of the suppression of power. The judiciary, generally, does not make law or enforce law but rather interprets law and applies it to the fact of each case. This branch of government is often tasked with ensuring e qual justice under law. It usually consists of a court of final appeal, together with lower courts. Lord Bryce has said that there ar e two better tests of excellence excel lence of government than the efficiency of its judicial system. The welfare of of citizens depends to a larger extent upon the judiciary. Judiciary is one one of the pillars of democracy. Its interpretation ensures justice, equality and liberty to all its citizens. Independent and impartial judiciary is an essential feature of democratic setup. The Supreme Court of Pakistan consists of chief justice and other judges. The Supreme Court has its permanent seat in Islamabad. According to Justice Charles Evans Hughes, we are under a constitution but the constitution is what the judges say it is.
Functions of Judiciary 1. 2. 3. 4.
Provision of Justice Interpretation of Laws ( ) Safeguard of Constitution Interpretation of Constitution ○
1954 → Governor General Sikander Mirza dissolved the assembly.
5. Advisory Functions ○
6. 7. 8. 9.
1972 → Acceptance of Bangladesh.
Safeguard of Basic/Fundamental Rights Supervise and to Hear Appeals Preventive Justice ( ) Contempt of Court
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Following are the merits of Parliamentary System
1. Strengthens the Relations This system strengthens the relation between executive and leg islature. As the members of cabinet are also the members of the parliament, so there is a close collaboration between executive and legislature. The ministers m inisters participate in all debates, discussions and decisions of the legislature and are responsible to it. There is a unity of purpose and harmony between them.
2. Ensures Responsibili Responsibility ty It ensures the responsibility of those who govern to those who are governed. This responsibility is firstly and directly to the members of parliament. The ministers are constantly criticized by the members, especially by those of opposition. It is impossible for an irresponsible ministry to hold office for long. It resigns as soon as it loses the confidence of majority in the legislature.
3. Flexibility Parliamentary system is flexible enough to adjust itself according to the need of the changing circumstances. In case, public policy is not in the line with popular demands, it can be reshaped under the presence of parliame nt. Moreover, proper changes can be brought in the proper composition of the cabinet in order to mee t any emergency.
4. Powers Spread Out Power is more divided in a parliamentary system, spread out among number of leaders in parliament, including the prime minister. The majority party leader and the whip to name a few. A prime minister does not have as much power as a president. In a parliamentary system, a shift in power can take place wi thout an election.
5. Conductive to National Integration While trying to address the concerns of different re gions and cultures of the nation, the parliamentary form of governme nt helps in promoting national integration.
6. Quicker Legislative Action In parliamentary system, it is faster and easier to pass legislature. This is because the executive branch is dependent upon the direct or indirect amount to the executive possessing more votes in order to pass legislation.
