Government
and political systems
This week
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Government and civil society
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Political systems
Government and civil society
“Government” or “state”?
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“State” is the better word
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5 Characteristics
1.
2.
3.
4.
5.
Institutions
Rules a territory
Rules a population
Monopoly of the legitimate use of force internally and
externally
Diplomatic recognition from other states
The philosophical origin of the
modern state: The social contract
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An intellectual justification for the
state
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From the state* of nature to the social
contract
Thomas Hobbes,
1588-1679
John Locke,
1632-1704
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The need for public order & laws
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protection of life
protection of property
* Meaning the situation, the condition
Jean-Jacques Rousseau,
1712-1778
The real, historical origin of the
sate
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Wars, civil wars & conquest
National independences
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achieved by force
achieved by referendum
English Civil War 1642-1645
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The state as a “protection racket” (Charles Tilly)
Voters in the South Sudan
independence referendum, 2011
The constitution
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Writing the state into existence
The basic law of the state
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determines the institutions
basis for all other laws
constrains the leaders, too
Changing the basic law: amending the constitution
The state and civil society
Country XYZ

The influence of liberalism
State

Separate…
Interest groups
Individuals

(Business)
…yet mutually dependent
Civil society
Family
Social
Criminal
movements organizations
The function of the state
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State-civil society relations
The systemic model
David Easton 1917—
Country XYZ
State
(political system)
Inputs:
demands
& supports
Outputs:
Rewards &
deprivations
Individual 2
Individual 1
Group 1
Group 3
Group 2
Feedback
Group n
Individual 3
Individual n
POLITICAL SYSTEMS
The question of legitimacy

Legitimate rulers & legitimate institutions
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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 state
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Origins in Roman Republic (508BC to 27BC)
Modern version, a gradual process
Strict division vs. flexible division of powers
Legislative
power
Executive
power
(parliament)
(government)
Monocameral
(1 chamber
or house)
Bicameral
(2 chambers
or houses)
1 upper house
1 lower house
Monocephalous
(1 head)
Bicephalous
(2 heads)
Judicial
power
(courts/judiciary)
Judges
Parliamentary system (Canada)
Canadian constitution
Legislative
power
Executive
power
Flexible division of powers
Judicial
power
Parliamentary system: legislative power
Parliament of Canada
Current seats
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House of
Commons
308
One seat = one riding
Members elected by direct suffrage, 4year 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)
Senate
105
Current senators
by party, by province

Number of seats varies by province

Appointed by Governor General on
recommendation of Prime Minister

Proposes, debates, amends, passes laws
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Party discipline

Retirement at age 75

Moderated by Speaker (neutral despite
belonging to a party)
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Controversies: not elected, low
attendance by some, expenses claims
Where the real work is done:
Parliamentary committees

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Members can’t read all bills
A committee room
Party leaders appoint members to committees
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Where most of the work is done
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committee composition reflects composition of House
committees can be high-profile or low-profile
issue-based committees
in-depth examination of bills
hearings from civil society
drafting of reports based on hearings
amendment to the bills
Committees of the Parliament of Canada
- House of Commons committees
- Senate committees
- Joint committees
Hearings sometimes fairly dry,
sometimes controversial (1, 2)
Bills go back to the full parliament for vote
Parliamentary system: executive power
Government of Canada
Head of
state
Cabinet
(including PM)
Current Governor General
David L. Johnson, since 2010
Governor
General
Head of
government
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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
Parliamentary system: judicial
A random case from March 2012:
power
John Virgil Punko vs. Her Majesty the Queen
Judicial
power


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.
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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
Presidential system (US)
United States constitution
Legislative
power
(Congress)
Executive
power
Strict separation
of powers
Judicial
power
Presidential system: legislative power
House of
Representatives
435
Senate
100
US Capitol

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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))
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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)
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.
Presidential system: executive power
Executive
Power:
President
US constitution
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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
Presidential system: judicial power
Judicial
power
US Supreme Court building
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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
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:
Parties choose a presidential candidate

Party Primaries (Jan. before election year to summer of
election year)
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National Conventions held in summer of election year
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debates between candidates inside parties
party members in each state give support to a candidate
support takes the form of delegates
Democratic Party
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
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Republican Party
presidential nominee + running-mate = presidential ticket
running-mate will be vice-president if ticket wins
How to elect a US president step 2:
The role of the Electoral College
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Total = 538

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
How to elect a US president step 3:
Election day
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First Tuesday after the first Monday of November
Voters vote for the ticket of their choice
Voting methods & rules vary by state (computer, touchscreen, punch-card, paper ballot, bubble-filling, etc.)
On the same day: many more separate elections
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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:
The Electoral College vote
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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

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Obama
McCain
The ticket with
the most
Electoral
College votes
wins
270 College
votes are
needed
Conclusion
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Different organization of the institutions

Different relations between the three powers

Different ways of translating people’s voice into state
decisions
ANNEX 1: Looking inside the state:
public administration & state employees
Roles
Status
 Planning
 Few political
appointees
 Advising
 Professionals
 Implementing
 Delivering services  Non-partisan
 Job security for
some
 Accountable


auditor
ombudsperson
ANNEX 2: Semi-presidential system
This is for your personal interest
There will be no exam question on this
Semi-presidential /
mixed system (France)
Executive
power
President
French constitution
in English
(Fifth Republic)
Government
Legislative
power
Strict separation
of powers
Judicial
power
Semi-presidential system:
legislative power
Palais Bourbon
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

Assemblée
Nationale
577
Elected by direct suffrage
Proposes, debates, amends, passes
bills
Can censure the government
(prime minister & minister) who
must resign
Sénat
331
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
Palais du Luxembourg
Elected by 150,000 “grands
électeurs” for 9 years
1/3 replaced every 3 years
Proposes, debates, amends,
passes bills
Both chambers must approve the same
bill for it to be law.
The president must sign the bill for it to
be law (promulgation).
Semi-presidential system:
executive power
Executive power
President
Government
François Hollande
President & head of state
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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
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Palais de l’Élysée
Jean-Marc Ayrault
Prime minister &
head of government
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
Hôtel de Matignon
Semi-presidential system: judicial
Judicial power
Conseil d’État
Conseil d’État
Cour de cassation
Conseil
constitutionnel

Dual role

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consultative
judges public decisions
Citizens vs. the state


5, Quai de l’horloge
Four main chambers
Citizens vs. citizens
Breaks or affirms
judgments of lower
courts
Next slide
Semi-presidential system: judicial
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
A third judicial body: the Conseil constitutionnel
9 judges for 9 years, non-renewable
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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
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consultative: executive or legislative asks it to assess
constitutionality of laws & policies
supervises presidential elections & proclaims results