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Essay of constitutional monarchy
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Question 1
Discuss the concept of constitutional monarchy with reference to Malaysia
i. Constitutional monarchy in general
Constitutional monarchy can be described as a form of government in which a monarch acts as the head of state but functions within the parameters or guidelines of a written and/or unwritten constitution. Although the government may function officially in the monarch’s name, the monarch does not set public policies or choose the political leaders. Constitutional monarchy therefore differs from absolute monarchy where the monarch controls political decision making without being restricted by constitutional constraints. Consequently, a constitutional monarch has often been defined as a sovereign who reigns but does not rule. Constitutional monarchies have also been called limited monarchies, crowned republics or parliamentary monarchies.
It has been observed that most constitutional monarchies have a parliamentary system in which the monarch may have ceremonial duties or reserve powers according to the constitution. In the United Kingdom, the rights and duties of the head of state are established by conventions. These are non-statutory rules which are just as binding as formal constitutional rules. The monarch’s reserve powers include the power to grant pardons, bestow honours, appoint and dismiss a prime minister, refusal to dissolve parliament, and refusal or delay royal assent to legislation. Strict constitutional conventions govern the usage of reserve powers. If these powers are used in contravention of tradition, it will generally provoke a constitutional crisis.
In a constitutional monarchy, a directly or indirectly-elected prime minister will serve as the head of government and will exercise poli...
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... First, Performance Now’.
References
Nordin, M. and H. Hussiin. 2011. Malaysian Studies. Shah Alam: Oxford Fajar Sdn. Bhd.
Jali, N.H.M., M. Redzuan, A.A. Saman, and I.H.M. Rashid. 2010. Malaysian Studies: Nationhood and Citizenship. Petaling Jaya: Prentice Hall.
http://en.wikipedia.org/wiki/Monarchies_of_Malaysia
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http://en.wikipedia.org/wiki/Yang_di-Pertuan_Agong
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http://www.theborneopost.com/2012/04/07/unique-constitutional-monarchy-in-malaysias-parliamentary-democracy-new/
(accessed on April 15, 2014)
http://www.theborneopost.com/2013/10/17/strengthening-racial-integration-vital-for-national-unity-lam-thye/
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http://globalpeace.org.my/2013/10/malaysias-unity-its-challenges-tan-sri-lee-lam-thye-trustee-of-1malaysia-foundation/
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In Mellon’s article, several aspects are mentioned supporting the belief that the prime minister is too powerful. One significant tool the prime minister possesses is “… the power to make a multitude of senior governmental and public service appointments both at home and abroad,” (Mellon 164). Mellon goes on to state the significance the prime minister has when allowed to appoint the government’s key member...
"THE RELIGION OF THE QUEEN - TIME FOR CHANGE." University of Queensland Law Journa (2011): n. pag. Web.The British monarchy is a system of government in which a traditional monarch is the sovereign of the United Kingdom out of the country territories, and holds the constitutional position of head of state. According to the article, the Queen's powers are exercised upon the suggestion of her prime minister. Moreover, she firmly reserves powers which she may exercise at her own discretion. The Queen has many theoretical personal advantages and disadvantages. One disadvantages was that UK prohibits her from get married with a catholic member either being a roman catholic. However, with the exception of the appointment of the major minister, which is done with every prime minister, there are few positions in modern British government where these could be justifiably exercised; they have rarely been exercised in the last century. These powers could be exercised in an emergency such as a constitutional
Trying to apply new reforms in the Canadian constitution has been no easy task. The mixture of the parliamentary/monarchy powers denies the citizens’ direct participation in the government’s decision-making process and does not allow the existence of a complete free democratic system. A true democracy simply cannot fully exist with a restricted monarch selecting type of government and any reforms must be applied to make Canadian constitutions’ laws be based on democratic principles.
The Prime Minister of Canada is given much power and much responsibility. This could potentially create a dangerous situation if the government held a majority and was able to pass any legislation, luckily this is not the case. This paper will argue that there are many limitations, which the power of the prime minister is subject too. Three of the main limitations, which the Prime Minister is affected by, are; first, federalism, second the governor general and third, the charter of rights and freedoms. I will support this argument by analyzing two different types of federalism and how they impact the power of the Prime Minister. Next I will look at three of the Governor Generals Powers and further analyze one of them. Last I will look at the impact of the charter from the larger participation the public can have in government, and how it increased the power of the courts.
Bamforth,N. Int. Jnl. Of constitutional law. Current issues in United Kingdom constitutionalism: An introduction 2011 9 (1) 79-85 doi: 10.1093/icon/mor029 (Date of Access: 12/12/11)
Discussions of which constitutional form of government best serves the growing number of democratic nation’s are in constant debate all over the world. In the essay “The Perils of Presidentialism”, political scientist, Juan Linz compares the parliamentary system with presidential democracies. As the title of Linz’s essay implies, he sees Presidentialism as potentially dangerous and sites fixed terms, the zero-sum game and legitimacy issues to support his theory. According to Linz, the parliamentary system is the superior form of democratic government because Prime Minister cannot appeal to the people without going through the Parliament creating a more cohesive form of government. By contrast, a
The Kingdom of Spain is a constitutional monarchy governed by the constitution approved in 1978 (The World Factbook). The executive branch of the state consists of a monarch and the Prime Minister (ibid.). The head of the state is a hereditary monarch, currently King Juan Carlos, who has right to approve laws, dissolve the legislative branch of government, propose a candidate for the post of the prime minister, and is also a head of military force (The Columbia Encyclopedia, The World Factbook). Nevertheless, the King and royal family do not govern the state but rather act as official figureheads (Issues in Context Online Collection). The prime minister is the head of government, currently Mariano Rajoy (ibid.). Spain is one of the bicameral legislative states, that is, the National Assembly is subdivided into the Congress of Deput...
Discussions of which constitutional form of government best serves the growing number of democratic nation’s are being debated around the world. In the essay “The Perils of Presidentialism”, political scientist, Juan Linz compares the parliamentary with presidential systems as they govern democracies. As the title of Linz’s essay implies, he sees Presidentialism as potentially dangerous and sites fixed terms, the zero-sum game and legitimacy issues to support his theory. According to Linz, the parliamentary system is the superior form of democratic government because Prime Minister cannot appeal to the people without going through the Parliament creating a more cohesive form of government. By contrast, a President is elected directly by the
Since the 1950s there has been a rise in the power of the Prime Minister, specially Crossman in 1962 and Benn, who in 1979 referred to “a system of personal rule in the very heart of our Parliamentary democracy”. As Britain has remained the “world’s most successful representative democracy”. The role of the executive has significantly increased at a great deal since the end of World War 2, however, the outward dangers of a supplementary individual hegemony attached to the Prime Minister shouldn’t be overemphasized. Although the modern examples of Margaret Thatcher and Tony Blair whose styles of leadership have each been labelled as presidential. In this essay I will be assessing the four main prime minister’s power and if his or her powers constrained under the British system. For instances, the power of patronage, cabinet power, the party leadership and the mass media. These are four main factors of the prime minister and its effectiveness can be argued.
Constitutional government is when a country or society is defined by a constitution that helps control political power. This is important because it ensures that political authority derives from the people, not the monarch. In the French Revolution, the National Assembly wanted to take power away from the king, who was very resistant to change. After seeing the success taking off in America, the French wanted to see progressive changes in where they lived as well. “Enlightenment writers praised the legal and constitutional guarantees established by the English and the Americans, but they wanted to see them applied everywhere” (Exploring the Revolution, 2001).
middle of paper ... ... ccountability to Parliament” (March 2004) www.publications.parliament,uk/pa/cm200204/cmseelct/cmpubadm/422/42202.htm “Unfinished Business? Ministerial Powers and the Prerogative” (May 2003)- http://www.parliament.uk/parliamentary_committees/public_administration_select_committee/pasc_no_12.cfm http://www.guardian.co.uk/monarchy/story/0,2763,407374,00.html --------------------------------------------------------------------- [1] Cited in Barnett H “Constitutional and Administrative Law” (Cavendish Publishing, Australia, 2004) pg 289 [2] Barnett H “Constitutional and Administrative Law” (Cavendish Publishing, Australia, 2004)
The United Kingdom as one of the remaining monarchies of the world, which head of it, the Queen Elizabeth II, has powers that provide an essential evolution of the country. These powers, are called Royal Prerogative powers. Obviously, British people respect the Royal family and additionally the queen, nevertheless they could have their own beliefs as seen on their references. According to the Royal Prerogative (“RP”), it is definitely the most historically and continuing tradition of Britain. In some situations, circumstances tend to disappear them and replaced them by other recent means. In this essay, it will define the RP and how can preserve the separation of powers. Therefore, it should explain how these powers dying to a democratic environment.
The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of Parliament’. In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executive. Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign.
Hefner, R. W. (2001). The politics of multiculturalism: Pluralism and citizenship in Malaysia, Singapore, and Indonesia. Honolulu: University of Hawaii Press.
Monarchy is a type of government that still exists in today’s world. Monarchy is government where one person is in charge of everything, and they know as monarch and when a monarch die, the son or daughter of the monarch takes control, (Monarchy 1). There are few countries where monarch is the head of state and few countries where monarch has no power they are just there for tradition. There are eleven countries where monarch is the head of ...