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Parliamentary system advantages and disadvantages
Parliamentary system research paper
Parliamentary system research paper
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Recommended: Parliamentary system advantages and disadvantages
CHAPTER TWO
CHIEF CHARACTERISTICS OF PARLIAMENTARY SYSTEM
2.1 Key Features of Parliamentary System
In the parliamentary system the chief executive of the state (Prime Minister) is not elected directly by the people, but he is normally the leader of the majority party in the Parliament. He chooses his own Cabinet which again, normally should be out of the Parliament only.
The entire Cabinet is accountable to the Parliament and as soon as it loses confidence of the Parliament, it has to resign from the, office. As against this, in the Presidential system, the chief executive i.e. the President is elected directly by the people for a fixed term and he chooses his own ministers (called 'secretaries' in the U.S.). Neither the President nor the
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This is the reason why the parliament is also known as the legislature. However, the function of legislation of parliament requires both capacity and cooperation. In other words, effective legislation rests on two pillars: Parliamentarians need to have the required expertise and support to make effective and fair laws and there must be a sense of minimum cooperation within parliament and between parliament and the Executive, in particular as regards the sensitive issue of state. Ellen argues that as a matter of fact laws must be efficient and effective. Most laws are written by government departments and introduced into the parliament by government ministers. In most parliamentary systems, the function of law making in parliament entails, among others, the following: Establish parliamentary committees on specific subjects (e.g. on health, education, budget, Corruption, etc.) and, if necessary, increase their powers; Make sure that committees have enough time (and resources) to make them familiar with the issues to be decided, including support staff; Provide expertise from within parliament (Library, research units) and allow for outside research facilities, including use of modern technology; Train new MPs and staff on their rights and duties, including on pertinent subjects (e.g. on the budget); Draft a code of conduct for all MPs …show more content…
Examples of such structural changes could include setting up special parliamentary committees that help raise awareness of specific issues (gender, equal opportunities for men and women, disables, children and minority rights, environment, climate change, etc). Such parliamentary committees could have varying mandates, including looking inwards at the working of the parliament without the presence of the interested groups. In addition, they could also hold hearings around the country, enabling less mobile sections of the community, including women with family responsibilities, to participate without the costs of
The governor general, who assigns judges of the federal courts and advises the prime minister as well as accomplishing those duties of the prime minister. The prime minister has power to assign and fire Cabinet ministers, and hundreds of other federal government office holders. The Crown Corporation that is established by the Government of Canada.
Twelve members of the cabinet preside over departments or ministries of the government, which include the ministries of justice, foreign affairs, finance, education, health and welfare, agriculture and forestry, and labor. The remaining cabinet members are the so-called "ministers of the state," which include the deputy prime minister and heads of various agencies such as the economic planning agency and the science and technology agency.
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...
English philosopher John Locke viewed the power of the legislature as the most basic and important branch of government. The theory behind the legislature is that it will enact laws that will allocate values for society. The legislature works to makes laws, educate, represent, supervise, and make criticisms of the government. Most of the work of the United States Legislature is done in committee, where the real power of the legislature is held. Most legislation originates in governmental departments and agencies. In committees, a majority vote decides and often, compromise must be reached in order for a bill or law to survive committee action. This frequently requires that a delegate alter his position in order to achieve a compromise. This compromise may or may not reflect the wishes of the people he/she represents.
We live in a very diverse society, observance of the rule of law is the best way that can guarantee that our basic human rights are preserved, successful government at home is operating and a fair progress on the international level is maintained. Basic principles of the rule of law go back to Dicey’s theory, which states that there should be an absolute supremacy of regular law, no one should be above the law and that the Constitution is the result of the ordinary law of land. There is no clear meaning of the rule of law; therefore it is essential that the government maintains the basic principles of the rule of law that were established by the philosophers who feared the concentration of power in one’s hands, on order to prevent tyranny. Rule of Law cannot exist without a transparent legal system, the main components of which are a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organisation. Only if each branch has influence and retraining functions on each other, can the parliamentary machine function properly and give the effect of the rule of law without imposing any tyrannical or arbitrary power by a specific institution, which would infringe the main principles of the rule of law. The issue would arise if there would be very weak separation of powers with a strong concept of parliamentary sovereignty at the same time. The power of judicial review ensures that officials act within the scope of their legal powers and that individuals have an effective way of obtaining remedies if their rights were violated. Although UK is said to have an efficient system of...
The Prime Minister of Canada has an integral role within the Canadian parliament. In the political Parliamentary system of Canada, the Prime Minister wields the executive responsibility. He is accountable for an assortment of administrative, managerial, and supervisory decisions in effect across the country. The executive role is the branch of government that is generally responsible for creating laws, and enforcing the regulations to ensure these laws are observed.
Overall the legislative duties and responsibilities consist of declaring war, raise and support armies; provide and maintain a navy; regulate commerce; borrow and coin money; establish and collect t...
To Conclude, One can say that there are restraints on Parliament, and these do affect its supremacy, and sovereignty. However, in my opinion we can say that although these restrictions are there, Parliament remains the supreme law maker and highest body within this country even over Europe. I believe this as Parliament still has the power to pass a statute allowing us to leave the EU, until this is taken from Parliament, I feel it is still the most powerful body in this country.
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.
The fundamental power of the prime minister is the “power of patronage”, meaning the capability to appoint and sack, encourage and relegate all ministers in the government. This reinforces the power of the prime minister in two approaches: the prime minister can ensure the appointment and promotion of loyal supporters and “especially of politicians who share his or her political or ideological preference”. This suggests that the rivals, critics or political opponents can be circumscribed from the government and put into lower positions. Also as the prime minister regulators their governmental careers, it ensures that the ministers and back benches cooperate together in order to remain loyal and supportive. As they serve under the prime ministers will, this gives the prime ministe...
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.
While there are no legal rules governing how ministers can exercise the prerogative, they are subject to a number of non-legal rules and conventions, in particular the convention of ministerial responsibility. As FM Maitland states this is the principle that “for every exercise of royal power some minister is answerable. ”[1] Ministers are collectively responsible to parliament for their administration and policy, as well as, being individually responsible for their own personal conduct and conduct of their department. If a minister does not adhere to the acceptable standards they can be compelled or forced to resign. Ministers are, therefore, accountable to Parliament for the decisions that the... ...
In Australia, there is an overlap of the three branches and it is argued there is not a significant distinction between the legislative and executive, consistent with British tradition. In the Constitution it does effectively unite the legislative and executive within the framework of responsible government as reflected in sections 44, 62 and 64. Section 64 specifically states that Ministers (executive) must sit in Parliament, which r...
Parliament sovereignty is the key in United Kingdom’s constitution. It makes parliament the incomparable legitimate power in United Kingdom which can make or end any law. In general it is famous that United Kingdom has an unwritten constitution unlike other countries. Even though it is stated that the constitution is unwritten, truly it is written but it is not codified into a one single document. Further the duties of the parliament are divided to ensure the efficiency and effectiveness of responsibilities to be done to the society.
This fusion of power allows the people’s representatives in the legislature to directly engage the executive in debates discussion in issues that will bring positive development in the state. This is not possible in the presidential system since the legislative and the executives arms are constitutionally separated and thereby restricted to engage the legislature in a discussion in which reasons are advanced against some proposition or proposal. The outcome is that party leaders in parliamentary system are more reliable than those in presidential systems. Presidential systems have turned the aim of electoral campaign into personalities rather than platform and programs because the focus is on the candidate and not on the party in general. But parliamentary systems on the other hand focus much more relating structured they do not do anything outside the scope of the party. We can compare the quality of leadership or administration in British, Canadian prime minister to the United State president. In all the country presidential system of government are chosen because people think been a good leader is by popularity and the ability to win election not minding if the candidate is fit for the task of presidency. But in parliamentary system, the person that has high quality of leadership competent enough and trustworthy is