|
Lower House
|
Upper House
|
(Combined Name)
|
France
|
National Assembly
|
Senate
|
Parliament
|
USA
|
House of
Representatives
|
Senate
|
Congress
|
India
|
House of the People
|
Council of States
|
Indian Parliament
|
UK
|
House of Commons
|
House of Lords
|
Houses of Parliament
|
China
|
Unicameral
|
National People’s Congress
|
|
Nepal
|
Unicameral
|
Constitutional
Assembly
|
pramod mainali
Thursday, September 17, 2015
legislature
n
nThe 3 Branches of Government
nThe Separation of Powers
nRefers to «the granting of powers to each of the three
branches or organs of any government, the executive, the legislative, and the judicial organs by a [written or
unwritten] constitution.»
nIt divides the functions of government so that power is not
concentrated in the same hands and each branch of government has the power to
independently «check and balance» the powers
of the others.
nIt is a device that can be used to avoid «tyranny» whether by an oppressive
dictator, or by the masses.
nIn practice it does not necessarily guarantee freedoms and
democracy, and powers are not always clearly separated.
nPresidential and Parliamentary
Systems (1)
nThe 2 basic systems of government in
liberal democracies, presidential and parliamentary systems, can be
distinguished, perhaps most importantly, according to the
relationship that exists between the different branches of government.
nIn presidential systems there is separation of
power between executive & legislative branches which are
elected separately. If one party controls the presidency & another the legislature it can
cause «immobilism» or «gridlock» problems.
nIn parliamentary systems there is fusion of
power between executive and
legislative branches. The chief executive or prime minister (& typically ministers) is a member of the legislature,
normally leading the party with most seats. S/he
normally get the laws s/he wants passed with greater ease as s/he has backing of a majority of legislators.
nPresidential and Parliamentary Systems (2)
nFurther differences between
presidential and parliamentary systems include the feature that in presidential
systems the head of government is normally also head of state symbolizing the unity of the country and representing the
state abroad. This makes the presidency an especially powerful position.
nIn parliamentary systems,
however, the head of state is a position held by a person different to the head
of government. The head of state may be elected (directly by the people or else
by legislatures) or may be a monarch.
nPresidential and Parliamentary Systems (3)
nThe term of office
for the chief executive
(president) in a presidential system is fixed. Except under very exceptional
circumstances s/he remains in office until the his/her term has ended (often 4
years, sometimes more). Then there must be a new election to choose a new head
of government / state.
nIn parliamentary systems the
prime minister’s term of office is typically much less stable. Legally s/he
might serve for a fixed term (often 5 years) before having to face a new
election, but if s/he loses the confidence of a majority in parliament (often
the case with coalition governments) new elections must be held.
n
nPresidential and Parliamentary Systems (4)
nIn presidential systems the
president is not a member of the legislature and nor are his/her cabinet
ministers. In fact, they may have limited political experience or attachment to
political parties. (Someone from the legislature might be appointed as a minister,
but must then resign from the legislature).
nIn parliamentary systems, the
key cabinet ministers are typically leading figures from parliament who belong
to the prime minister’s political party. They continue to be both members of
the legislature and of the executive.
nPresidential and Parliamentary Systems (5)
nIn presidential systems there’s little regular mechanism for
the executive to be questioned by the legislature. In parliamentary systems,
however, the opposition normally has the right to regularly question the
executive, (i.e. the prime minister and ministers) in parliament, known as the
«question
period» or «question time».
nCoalition governments are formed by 2 or more
political parties, ministers typically included from all coalition partners.
Conflicts are more likley in such governments, leading to breakdown of the
coalition & new elections. The chief
executive in a presidentail system is usually the candidate of one party
&/or has gained a majority of votes & can not
(normally) be removed by the legislature, so governments in presidential
systems tend to be more stable.
nPresidential and Parliamentary Systems (6)
nIn Presidential systems both
the legislature and the president are normally elected by the people. In
parliamentary sytems, however, the people do not typically elect the chief
executive (prime minister) or ministers. Instead, they elect the members of the
legislature who (depending on which party wins how many seats) then
choose/approve the new prime minister and ministers. In the first system, then,
the method of choosing the chief executive is much more direct.
nPresidential and Parliamentary Systems (7)
nPresidential and Parliamentary Systems (8)
nIn the presidential system party
discipline is usually
weaker, so even if the president is the leader of the biggest political party,
it doesn’t mean s/he can guarantee that the majority in the legislature will
support him/her to pass the laws s/he wants. Passing legislation can be
especially difficult because of the separation of powers.
nIn parliamentary systems,
however, checks and balances don’t exist on the power of government, which is
itself typically the dominating part of parliament (like a special committee in
parliament).
n
nRepresentation in Federal
Systems (1)
n«Federations» are those states in which powers and sovereignty are
constitutionally divided between the central government (which has authority
and power throughout the whole federation) and the different political units
(which may themselves be referred to as provinces, states etc) that make up the
federation. States where all sovereignty is held by the central authorities are
referred to as «unitary states».
nRepresentation in Federal
Systems (2)
nRepresentation in Federal
Systems (2)
nFederations typically have 2 «houses» or
«chambers», or two parts to the legislative branch. We call these legislatures
«bicameral
legislatures» (as
opposed to «unicameral legislatures» which have only 1 house
/chamber). In federations one house (the lower house) normally represents the
people & their interests, while the
second house (upper house) represents the states & their
interests. Often representation for each part of the federation in the lower
house is based on their proportion of the overall population, whereas
representation in the upper house is based on equality of the different parts
irrespective of population levels.
n
nBicameral Legislatures (1)
nBicameral Legislatures (2)
nNot all states that have
bicameral legislatures are federations however. In the UK for example, there is
a bicameral system of the House of Commons and the House of Lords. Such cases,
however, are frequently a result of historical developments, particularly of
the fact that in the past different houses / chambers in legisltures
represented different classes in society.
nIn the medieval French assembly
known as the «Estates General», for example, there were actually three estates
(or chambers) representing the clergy, nobility and commoners respectively.
nFunctions of Legislatures (1)
nThe main and most obvious function of legislatures is to make
laws. Though procedures vary in different states depending on their
constitutions, it can be a long process to pass a new law or ammend an old one.
nDraft laws (proposed but not yet passed) are called «bills». Bills supported by the
government usually have a better chance of becomming law, but most never
actually do. They must often first be discussed and agreed to in special
parliamentary committees, often more than once, and the process can be even
more difficult to complete when there is a bicameral legislature, where each
house must give approval.
nFunctions of Legislatures (2)
nAnother function of Legislatures is «constituency
work». The legislator’s
constituency is the area/district from which s/he is elected. Often it’s seen
as a task of legislators to stay in contact with the people from their
district, give them speeches about developments and talk to them about (and
where possible help them with) their problems. The legislator sort of acts like
a channel between central government and the districts.
nRelated is the function of «representation», that is legislators as representives of the interests of
the people who have elected them. Of course not all are represented equally if
at all! Do these «representatives» vote as the people who elected them would
like?
nFunctions of Legislatures (3)
nSupervision and criticism of the government is
also possible even in parliamentary sytems where there is no separation of
powers. Through «question time» and other mechanisms the governments power can
be partially checked (especially if there are strong opposition parties) and
improvements made in government-supported bills.
nLegislatures also often have a task of making and
ammending constitutions. Constitutions are usually written legal documents outlining the most
fundamental principles for governing a
state, with which other laws are expected to comply.
nFunctions of Legislatures (4)
nMost legislatures also have a
degree of power over the state’s finances, such as approving budgets, that give
them too a financial function.
nLikewise, legislatures
sometimes have judicial and investigative functions, though typically
restricted to certain areas such as judging whether the president has committed
a serious crime or investigating issues of public concern regarding government
abuse. Sometimes the investigative task may be «informal» with
legislative committees producing reports, but not necessarily having a legal
power to punish.
n
china, france, america, uk, usa, nepal
China | France | America | UK or Britain | India | Nepal | |
Official name | People's Republic of China (PRC) | French Republic | United States of America | United Kingdom of Great Britain and Norhtern Ireland | Repubic of India | Federal Democratic Republic of Nepal |
Capital | Beijing | Paris | Washington, D.C. | London | New Delhi | Kathmandu |
Largest city | Shanghai | Paris | New York City | London | Mumbai | Kathmandu |
Official language | Standard Chinese | French | English | English | Hindi-English | Nepali |
Demonym | Chinese | French | American | British, Briton | Indian | Nepali, Nepalese |
Government | Socialist single-party state | Unitary, Semi-Presidential | Federal Presidential Constitutinal Republic | Unitary Parliamentary Constitutinal Monarchy | Federal parliamentary constitutinal republic | Federal Parliamentary republic |
President | Xi Jinping | Francois Hollande | Barack Obama | Elizabeth II | Pranab Mukharjee | Ram Baran Yadav |
Prime Minister | Li Keqiang | Manuel Valls | David Cameron | Narendra Modi | Sushil Koirala | |
Legislature | National People's Congress | Parliament | Congress | Parliament | Parliament of India | Constituent Assembly |
Legislature type | Unicameral | Bicameral | Bicamreal | Bicameral | Bicameral | Unicameral |
Upper House | - | Senate | Senate | House of Lords | Rajya Sabha | |
Lower House | - | National Assembly | House of Representatives | House of Commons | Lok Sabha | |
First Unification | 221 BCE | 486 | July 4, 1776 | 1707 May 1 | 1768 September 25 | |
Republic estd. | 1-Jan-12 | 22 September 1792 | Monarchy | 1950 January 26 | 2008 May 28 | |
PRC estd | 1-Oct-49 | |||||
Area | 9596961 sq. km. (4th) | 640679 sq. km (42nd) | 9857306 sq.km. (3rd) | 242495 sq. km. (80th) | 3287590 sq. km. (7th) | 147181 sq. km. (95th) |
Population | 1376049000 (1st) | 67063000 (20th) | 321605012 (3rd) | 64511000 (22nd) | 1276267000 (2nd) | 26494504 |
GDP (PPP) | 18.976 trillion USD (1st) | 2580.75 billions USD | 18.124 trillion (2nd) | 2.549 trillion (10th) | 7.997 trillion (3rd) | 62.384 billion |
GDP (nominal) | 11.212 trillion USD (2nd) | 2846.889 bilions USD | 18.124 trillion (1st) | 2.945 trillion (5th) | 2.308 trillion (7th) | 19.921 billion |
HDI | 0.884 (20th) | 0.914 (5th) | 0892 (14th) | 0.586 (135th) | 0.540 (145th) | |
Currency | Renminbi (yuan) Ұ (CNY) | Euro (EUR) | United States Dollar USD | Pound sterling | Indian rupee (INR) | Nepalese Rupee (NPR) |
Time zone | UTC+8 | UTC+1 | UTC-4 to -12, +12, +11 | UTC, UTC +1 | IST (UTC+05.30) | UTC+5.45 |
Date format | yyyy-mm-dd | dd/mm/yyyy | mm/dd/yyyy | dd/mm/yyyy | dd-mm-yyyy | yyyy-mm-dd |
Drives on the | right | right | right | left | left | left |
Calling code | 86 | 33 | 1 | 44 | 91 | 977 |
ISO 3166 code | CN | FR | US | GB | IN | NP |
Internet TLD | .cn | .fr | .us .gov .mil .edu | .uk | .in | .np |
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