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The importance of the legislature branch
Legislative branches role
Legislative branches role
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Executive branches of Turkey and India are weak compared to the legislative branches of their respective countries. The head of state for Turkey is the president and the current president was elected by the Turkish Grand National Assembly, but after a 2007 Constitutional revision the next presidential election will be election by the citizens. Having parliament elect the president is concentrating power in the legislative branch of Turkey’s government but an election by the people is dispersion of power because the election is now in the hands of the people. The power of the president is outlined under Article 104 of Turkey’s constitution. The president is able to review laws passed by the legislature and ask for reconsideration (Article 104). The president appoints the prime minister, whose job is limited to implementing a vote of confidence in parliament and nominating ministers for the cabinet (Article 110).
Furthermore, a president and prime minister is also present in India’s government. India’s president is appointed by the legislative body and has minimal legislative power. The president’s power over the legislature is limited to asking for a review of bill that is asked for him to sign (Article 356). Once again, power is concentrated into the legislative branch by giving them the power to appoint the president. The prime minister is appointed by the president, and is responsible for leading the cabinet and advising the president (Article 78). The presidents of both countries are largely ceremonial because of the power concentrated within the legislature.
The legislative powers of both India and Turkey are stronger than their executive branch, and both are unitary forms of government. India’s parliament is made up of a bi...
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...ts independent of the other government branches (Article 9). Turkish courts review the constitutionality of laws enacted by Parliament and ultimately can revoke laws deemed unconstitutional (Article 148). Legislative and executive branches must abide by the decisions of the judicial system (Article 138). This serves as dispersion of governmental power that is also present in India.
The protection of Fundamental Rights is established under Article 13 of India’s constitution, states that any law that would violate the Fundament Right provisions be void. The court is able to review any law except those pertaining to the elections of legislatures (Article 237). Laws passed cannot be in conflict with the Constitution (Article 11). The judicial courts of India, though not as strong as the other branches of government, can prevent the violation of the rights of citizens.
Can you imagine president controlling your life? The constitution use three different forms to make a group or a person from getting too much power on his hands. The are three types of power that each contusion have in order to keep power equal. One of them is Legislative Branch Congress “Can approve Presidential nominations”(Document C). It’s a example how governments try to keep power equal.
The Constitution lays out power sharing amongst the President and Congress. However the Constitution is not always clearly defined which leaves questions to how the laws should be interpreted and decisions implemented. There are three major models of presidential power within foreign policy; the first being the presidential model in which decisions abroad are made by the president and his or her top aides and advisors. This model is accepted amongst many because during times of urgency and crisis the president must make quick decisions. The president unlike congress is provided various sources of intelligence information, which is a benefit in analyzing situations globally and making sound decisions.
The ideology of parliamentary sovereignty represents a constitutional order that acknowledges the necessary power of government, while placing legal limits and conditions upon its excise due to the Rule of Law, developed by the judiciary in cases such as Pickin v British Railways Board [1974] AC 765. The Diceyan theory represents a definition of parliamentary sovereignty. A general summary recalls that,
The times have changed for the Executive Branch. In the past, the president simply acted as the Constitution's errand boy. He could only follow it, and had no freedom to actually do anything but follow it. Thus, the president’s role was not efficient. As time passed, this restraint grew weaker and weaker. People decided that the president’s responsibility is to represent and serve the people.The enumerated powers would hold the president back from representing the people’s wishes. With the use of vested powers, presidents gained the ability to fix many problems not relating to some of the Constitution’s laws. As this transition occured, modern presidency appeared. For the president now acts as the main figure of the government, and bears the responsibility of the nation himself.
The main powers of the executive branch rest with the President of the United States of America. Powers granted to him by the constitution include serving as commander in chief of the armed forces; negotiating treaties; appointing federal judges, ambassadors, and cabinet officials; and acting as head of state. The president also has a cabinet which includes officials such as the attorney general and the secretaries of State, Treasury, Defense, Interior, Agricu...
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
Executive Branch: The President carries out federal laws and recommends new ones, as well as directs the national defense and foreign policy, and performs ceremonial duties. The President powers includes directing government, commanding the Armed Forces, dealing with international leaders, acting as chief law enforcement officer, and vetoing laws. Legislative Branch: Headed by Congress, the House of Representatives and the Senate. The main focus of these two bodies is to make the laws. The House of Representative’s powers include passing laws, originating spending bills (House), impeaching officials (Senate), and approving treaties (Senate). Judicial Branch: Headed by the Supreme Court and their main focus is to interpret the Constitution, reviewing laws, and decidi...
Within parliamentary systems, the government i.e. the legislature consist of the political party with the most popularly elected Members of Parliament (MPs) in the main legislative parliament e.g. the House of Commons in the United Kingdom. The Prime Minister is appointed by the party to lead as the executive decision-maker, and the legislature work to support and carry out their will (Fish, 2006). In presidential systems, the President is directly elected with the support of their political party, with the legislative being separately elected and, in the case of the United States, being made up of representatives from different states (BIIP, 2004). This essay will provide examples to suggest that Presidents are generally more powerful than Prime Ministers. As two of the oldest forms of parliamentary and presidential governments (Mainwaring and Shugart, 1997), the United Kingdom and the United States will be the main focus of this essay, but other parliamentary and presidential countries will be mentioned.
A key feature of the unwritten constitution is ‘the Separation of Powers’. This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group. Cooperating with one...
For years, countries have had different legislatures bicameral and unicameral. The features of each legislatures are distinct from one another. It even accounts to various vices and virtues. Both legislatures exist in various countries in the world. The reason to which varies in each place. Legislatures are essential for a society to perform politically well. However, the political structure of every nations varies thus, there exist no simple generalization. The structural arrangements of different legislatures are distinct in relation to their number of chambers available. (Danziger, J. N. (1996))
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
Over the past 64 years of the Indian republic, the nation has witnessed many strange events. Ranging from the Legislature vs Judiciary debate of the 1970s to the secessionist movements in the North-east, challenges to the functioning of world’s largest democracy have been myriad. Emergencies form a significant part of it. Apart from the infamous proclamation of National Emergency of 1975, there are also numerous occasions when the misuse of State Emergency has been done. The emergency provisions in our constitution are inherited from its preceding document, the Government of India Act of 1935. In addition to that the provision for suspending Fundamental Rights of the citizen during Emergency has been taken from the Weimar Constitution of Germany. Part 18 (Art. 352-360) of the constitution enumerates 3 kinds of Emergency – National, State and Financial Emergency. This paper is intended to analyse the use and abuse of various National Emergency provisions in the Indian Constitution with special reference to 1975 National Emergency. A historical account of National Emergency will also be analysed. Was the rationale behind the declaration of National Emergency in 1975 justified? Is there any difference between an authoritarian government and a parliamentary democracy where a single party has an overwhelming majority in both the houses? The special case of article 358 will also be examined. These will be the questions that this paper will try to answer.
and 21 of the Constitution. Article 14, of the same,guarantees equality before law and equal protection of laws. Further, article 15 prescribes that no law can discriminate only on the grounds of sex, caste, etc. Article 21 bestows upon the citizens the fundamental right of life and personal liberty. It has been well established that the Constitution is the most supreme document and is above all laws and persons. Thus any personal law which discriminates against women would, by its very nature, be unconstitutional and violative of Articles 14 and 15 of the Constitution and the expanded meaning of right to life and personal liberty under Article 21. Over the years, the Supreme Court has taken different views in different judgments while dealing with personal laws. In a number of cases it has held that personal laws of parties are not susceptible to Part III of the Constitution dealing with fundamental rights. Therefore they cannot be challenged as being in violation of fundamental rights especially those guaranteed under Articles 14, 15 and 21 of the Constitution of India. On the othe...
In a Parliamentary system there is a power concentration instead of division of powers. The Legislature is the greatest power, the government and the executive branch is dependent on Parliament. In contrast to Presidential systems, parliamentary and semi-presidential democracies have Legislative responsibility. Legi...
The Doctrine of Separation of Powers has no place in strict sense in the constitution of India. In USA, The doctrine forms the basis of the American constitutional structure. Article 1 vests the legislative power in the Congress, Article 2 vests executive power in the president and Article 3 vests judicial power in the Supreme Court. The doctrine is implicit in the American constitution. It emphasizes the mutual exclusiveness of the three organs of the government. According to this doctrine, the legislature cannot exercise executive or judicial power, the executive cannot exercise legislative or judicial power, and the judiciary cannot exercise the other two powers. This doctrine though does not apply rigorously in USA.