The term ‘judicial review’ describes the power of courts to declare legislation or actionsof the executive in violation of the constitution.
DEFINITION
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Unicameral legislatures are considered to be more efficient.
ARGUMENT
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Semi-presidential systems are particularly problematicwhen, in a multi-party system, divided minority governments result, in which neither theparty of the president nor of the prime minister enjoys a majority in the legislature.
ARGUES THAT semi-presidential systems are particularly problematic when in a multi-party system, divided minority govs are created
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hough the President is by far the stronger of the two offices, the Presidentand Prime Minister to some degree share executive power.
president stronger than PM but they to some degree share executive power
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‘semi-presidential’ system.
includes both presidential and parliamentary elements
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the South African President is actually selected by the parliament rather thanby direct election,®”
South African president selected by the parliament rather than by direct election
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‘constrained parliamentarianism’
DEFINITION
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he Prime Minister and the Cabinet remainmembers of the legislature,
prime minister and cabinet as members of the legislature
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House of Commonsselects a Prime Minister.
house of commons selected prime minister
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England has a bicameral legislature, consisting of the House of Commons andthe House of Lords.
England= bicameral legislature, House of Commons and House of Lords
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Many Latin American presidents hadthe power of ‘line-item veto’,44 and greater independent authority to appoint federal andstate officials.
Reason: Many latin american presidents had the power of line-item veto and greater independent authority to appoint federal and state officials
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presidency and reduced authority in the legislature and courts.
Reason: Scholars noticed that latin american cons provided greater powers in the office of the presidency and reduced authority in the legislature and courts
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There are a variety of differenttheories for why this might be so, but a dominant one is the idea that when the presidentdoes not enjoy the support of a majority of the legislature
the reasons for troubled democracy in Latin America could be that when the president does NOT enjoy the support of the majority of the legislature, it can lead to constituional breakdown
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Observers divide most constitutional systems into presidential (typified by the UnitedStates), parliamentary (typified by the United Kingdom), and semi-presidential (typifiedby France).
Constitutional System Types:
1) Presidential 2) Parliamentary 3) Semi-Presidential
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Accordingly, he argued that the powers of government should be divided amongdifferent persons or bodies, which would act as a check on each other.
Montesquieu's argument
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despotic.
A despotism is a government in which a single ruler governs without laws or constraints, according to their own will.
Principle: Fear — subjects obey out of terror of punishment.
There are no formal checks on power, and the ruler is above the law.
Example: Absolute autocracies or tyrannies (Montesquieu often cited the Ottoman Empire as an example).
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monarchical,
A monarchy is a government in which a single person (the monarch) rules, but according to fixed and established laws.
Principle: Honor — the motivation of nobles to serve the king and maintain hierarchy.
The monarch’s power is limited by tradition, law, or institutions (like courts or parliaments).
Example: France under Louis XIV, or Britain under a constitutional monarchy
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republican (either democratic or aristocratic),
A republic is a government in which the people (or a portion of them) hold sovereign power. It can take two main forms:
Democratic republic: Power is held by the whole people — citizens rule directly or through elected representatives.
Principle: Virtue (citizens’ love of equality and the common good).
Example: Ancient Athens or modern democracies.
Aristocratic republic: Power is held by a select group of citizens — often the nobility or elite.
Principle: Moderation (restraint and fairness among the ruling class).
Example: The Roman Republic, Venice.
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That Actalso strengthened judicial independence by requiring that judges should remain in officeduring good behavior and could only be removed by parliament.!
The Act strengthened judicial independence by requiring that judges should remain in office during good behavior and could only be removed by parliament
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The English Bill of Rights Act of 1689 established someof the central principles of Britain's constitutional monarchy by declaring that ‘thepretended power of suspending the laws or the execution of laws by regal authoritywithout consent of Parliament is illegal’ and that parliamentary consent was required toraise revenue or maintain a standing army.
English Bill of Rights Act of 1689- established -pretended power of suspending laws or execution of laws without consent of parliament was illegal, this ultimately gave parliament a lot of power
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The constitutional struggles between the king and parliament in England in theseventeenth century gave rise to the related, but distinct, idea of a functional separationof powers, which is the core of the modern doctrine.
Constitutional struggle between king & parliament in England in the 17th century gave rise to the idea of a functional separation of powers
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vertical structuring,
vertical structuring= involves division of authority between organizational levels of gov (federal and state)
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‘separation of powers’.
horizontal structuring= separation of powers
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the idea that dividingpower will inhibit government action and therefore tyranny; the idea that different typesof government bodies are more or less competent at certain tasks; and the idea thatcertain allocations of authority will help ensure democratic legitimacy for governmentpolicies.
Arguments for why separation of powers is considered normatively desirable: 1) idea that dividing power will inhibit gov action and therefore tyranny 2) the idea that different types of gov bodies are more or less competent at certain tasks 3) the idea that certain allocations of authority will help ensure democratic legitimacy for government policies
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