Comp Gov Final 13-17

What is the US institutional presidency? How can it leave a president weaker than leaders in other systems?

-institutional presidency; supporting bodies that have evolved like the white house office, national security council; executive office of the president, bodies provide direct support to the president -advisors sometimes end up undermining president's position (watergate scandal, iran contra affair) Can weaken president because these institutions are political outsiders, might undermine his own position in order to push their own agendas also no strong cabinet to counterbalance the institutions - not mentioned in constitution, and don't have much influence compared to institution advisers

Cite two examples of how regimes in Latin America have manipulated constitutions to their advantage.

1) Several elected presidents have treated the constitution as a flexible document to be adapted to their own political needs. Many have abolished term limits so they can stand for reelection. 2) Others have retained privileges for departing generals, thus perpetuating a sense of additional institution remaining above the law.

What are two fundamental roles of constitutions? Which is adding to their length; why? Which role is key?

1) regulator of the state power over its citizens, protecting the rights of the citizens. 2) forming a power map of how the business of government is conducted. The second part is much longer and more important.

Parliamentary scrutiny involves questions, interpellations, debates and most important no-confidence. Explain.

1. Questions: the predominant method of legislative oversight- legislators submit written and oral queries to which the executive responds 2. Interpellations: a question posed to the executive followed by a short debate, and then a vote on whether the government's response was acceptable. Can lead to a no-confidence motion. 3. No confidence: a vote on whether to dissolve the government. Since the executive is directly accountable to the legislature, they can vote on whether they believe it is doing its job properly- if not, they can dissolve it and install a new one

Describe the two types of judicial review courts. Where/in what type of countries is each most common?

Abstract- advising. Concrete- case context. Abstract review advises on or judges the validity of a law at the request of the government and does not need to be prompted by a specific legal case. They establish a special constitutional court that deals with issues in an abstract review. Concrete review is when the supreme court selects a case to review. Abstract review: practiced in constitutional courts only, is an advisory but binding opinion on a proposed law. Separate body dealing with constitutional issues only. Austria, germany, russia. Concrete review: practiced by both constitutional and supreme courts, arises in the context of a specific legal case. Highest court of appeal. Australia, Canada,US.

Why (2 reasons) are there more presidents than presidential governments? On what continent is the latter rarest?

Any dictator can style themselves as 'president'. And many parliamentary systems possess a president who serves only as a ceremonial head of state. Presidential governments are most common in the Americas, they are rarest in Europe.

What are constitutional courts, why was this system chosen. How are they like a parliamentary chamber?

Attempt to prevent a revival of dictatorship. Overcome inefficiency, corruption and opposition of judges from the old order who remain in post. Constitutional courts function as a negative legislator — striking down unconstitutional bills but leaving positive legislation to parliament. Practice abstract review, judging the validity of a law, or issuing advisory judgements on a bill at the request of a government or assembly. Often this happens at the request of the high court because of the way they act as a negative legislator.

Contrast "balanced" and asymmetric federalism. Why is the latter instituted and what is a possible danger?

Balanced federalism is when all constituent state have the same powers and equal representation in the legislature. Asymmetric federalism occurs when some states have more powers than others and unequal representation in the legislature. This may be due to cultural differences, where a certain ethnic or linguistic group is demographically concentrated in one area and demands more autonomy. It is a possible danger because other states may demand more powers, as well.

Define camerality; what are common features of countries with a) unicameral and b) bicameral legislatures?

Camerality: the number of chambers that a legislature has a) unicameral legislatures are often small and post-communist/post-colonial. b) bicameral legistlatures: found in larger countries, particularly in federations, where the lower house represents the population and the upper house represents constituent states

What pressures lead US legislators to nurture their "personal brand"? How different is it in other democracies?

Candidates have to compete to represent their own party, ie, they have to run against members of their own party. They need to be reelected by their constituents. In other democracies, the name of the candidate and his/her track record does not matter as much as the party agenda- more partisan.

Explain how two features of Brazil's parties (partly resulting from its electoral law) hamper the presidency.

Cannot bend congress to their will, as the multiparty system creates a broader array of issues from local areas that legislators represent. Party discipline is weak, reflecting the use of preference votes in the list electoral system. Deputies switch parties midterm, and are more concerned to obtain resources for their district then to show loyalty to their party.

Common law fans may see civil law as illiberal; civil law fans may see common law as undemocratic. Explain

Civil law can be seen as illiberal because their focus is on applying the code with minimal consideration for individual rights. The code could also be wrong, and there is no mechanism to change it which is undemocratic. The judges are appointed and not elected, creating code that effects civilians.

Distinguish between a codified and uncodified constitution; how is the UK's often described; why is that wrong?

Codified: set out in a single document Uncodified: spread amongst a range of documents and is influenced by tradition and practice. The UK's is described as 'unwritten' however the constitution exists, it is just uncodified, spread out amongst a number of sources.

Contrast "coming together" and "holding together" federalism, citing examples. Which is most common?

Coming together federalism is when multiple states join and create a new central authority. Holding together federalism is when a central authority disperses sovereignty throughout lower levels. Coming together is the most common. Coming together example: formation of United States of American in 1787 emerged from a meeting of the 13 ex-colonies Holding together: Belgium devolved power to Dutch-speaking, French-speaking, and the bilingual region

Distinguish common from civil law. How is this difference reflected in the role/power of judges/courts?

Common law: consists of judicial rulings on matters not explicitly treated in legislation. Based on precedents created by decisions in specific cases. Judge decides on cases to create the precedent. Judges are the independent source of authority. Civil law: judges reach the decisions by applying extensive written codes, rather than by comparing cases. Judges do not interpret the law in this system. In common law, judges represent an independent source of authority, while in civil law, judges are just acting out the law that has been prescribed for them.

How did Communist regimes long view constitutions/law? How is it different in China today, and how is it not?

Communists viewed courts as a tool for increasing the power of the party and socialism. China's most recent constitution is more moderate and allows for the existence of other parties. The new constitution gives more emphasis to the law in general China uses courts more now to enforce the law, and have a more defined legal codes that better protect rights. Judges are more professional. It is not different now because the opinionds are not published and difficult cases are not decided. They have less rights for the accused than a liberal democracy.

What are rule of law's key elements, what is due process, and how are both essential to liberal democracy?

Consistent application of the law, one law for all, and due process. Everyone is supposed to follow these laws and laws must be codified and clear. (Also general, public, prospective, consistent, practical and stable). Can include due process. Due process is the respect for an individual's legal rights. Implementation of due process and rule of law provides a basis for distinguishing democracies from authoritarian regimes.

What sets federalism/federation apart from other forms of MLG? What can different tiers in federations not do?

Federalism is the sharing of sovereignty between the national government and the government of constituent states. This sets it apart from other forms of MLG, where sovereignty lies with the central government only. Neither tier can abolish the other.

What is judicial review? How does judicial review reflect a liberal conception of democracy?

Judicial review uses ordinary or special courts to nullify legislation, or executive acts that evaluate the constitution. Judicial review enforces the provisions of the constitution. Courts can typically override the decisions of the legislature when they contradict the constitution. By enforcing provisions they can strike down offending laws and practices, which restricts the power of elected rulers.

What role do laws/courts not play in competitive authoritarian regimes? How do such regimes view laws/courts?

Leader is elected within constitutional framework but don't tend to stay in power that way. The leader shaped the environment, or can shape an environment in the way that owrks for them. Use of power isn't constrained by a constitution. The president is the main person that has any power. Presidential accountability is to the voters, rather than other institutions like the judiciary.

Chp 14 Describe MLG: how is it more vertical than horizontal; why is it governance; in what sense is it also pluralistic?

MLG is essentially government compromised of multiple tiers. It is more vertical than horizontal in that a government worker will spend more time talking to members of different tiers in his own department than across departments at his own level. It is more like governance because it can involve people from outside the government. This creates more pluralism, as it incorporates people from a range of sectors- the public, private, and voluntary.

Why is there executive-legislative tension even when both are of the same party?

Members of congress have differed interests. Legislators are elected without term limits from local areas, and therefore are more tied to represent their local area. The president has a broader national constituency.

At what three moments in a country's history is a constitution likely to be written?

Most likely to have a constitution be written during 1) regime change, 2) reconstruction after defeat in a war 3) achieving independence. Often they are compromises between political actors. Because they are compromises, they are often conflicting and vague.

Describe the nature and impact of bureaucratic authoritarianism (O'Donnell) in Latin America/Asia.

O'Donnell- bureaucratic authoritarianism. Regimes in which technocrats in the bureaucracy imposed economic stability within a capitalist framework under the protection of a military government. Such regimes repressed social movements -- > applied to latin american countries such as Argentina and Brazil in the 1960s and 1970s

Distinguish between a supreme court's original jurisdiction and appellate role; define concrete judicial review.

Original jurisdiction entitles a court to try a case at its first instance. Appellate jurisdiction authorizes a court to review decisions reached by lower courts. Original jurisdiction is often between cases where the main party is an American state or another country (e.g. something that needs higher authority than a state court). Otherwise, a court always has appellate jurisdiction and can choose the cases it would like to hear, and allows a court to review the decisions reached by lower courts. Concrete judicial review is selected for cases with broad significance. It allows the judges to set their agenda and decide what is crucial.

How representative and powerful were early legislatures; how do both grow in modern liberal democracy?

Origins of parliament lie in the ancient royal courts of Europe. Represented the various estates, the clergy nobility and the towns. These assemblies were viewed as possessing a right to be consulted long before they became modern legislatures with sovereign authority to pass laws. Became more representative and powerful over time.

Due Process

Respect for an individual's legal rights. Right to fair judicial proceedings.

Distinguish rigid from flexible constitutions; what are the aims/pros and cons of each?

Rigid: entrenched, ring fenced by a more demanding amendment procedure such as a super or concurrent majority. Pro: Are able to adapt through judicial interpretation, judiciary lead evolution. Prevents political parties from changing the constitution to help them, creates consistency. Con: very hard to change. Flexible:can be amended in the same way that ordinary legislation is passed. Pro: readily adaptable. Politician lead evolution of constitution. Enables rapid change. Con: too easy to change, can be easily affected by a corrupt government.

Describe formation of a PRGV—when parties may pick partners, the head of state's role, and the joint program.

Sometimes, coalitions pick partners before an election so that voters know what parties will make up the government before the election occurs. Most of the time, coalitions form after the election. As leaders of the new party negotiate a coalition, the old government remains as a caretaker. The head of state then picks an "informateur", who in turn picks a "formateur." The formateur negotiates the formation of the new administration. Then, the parties in the coalition draw up a joint program, which is basically a long document describing the coalition's agenda and its code of conduct.

Where is sovereignty in unitary systems; how much autonomy and policy power do/may regions/localities have?

Sovereignty is with the national government, and it has the ability to abolish lower levels. Regional and local levels have enough autonomy to make and implement policy, but do so with more oversight by the central government than in a federalist state.

How is the head of state's role different in PRGV vs. presidentialism? Describe the two types of heads of state.

The head of state often as a "dignified" or ceremonial role in a PRGV. In a presidential system, the president it the head of government and the head of state, so the role compromises of dignified and efficient parts.

Chapter 15) Legislatures are not governing bodies (explain) but play a key role in any liberal democracy (explain).

They give laws their stamp of approval. They are not involved in implementation of the laws, nor are they initiating proposals for law. They also do not take major decisions. But they ensure that the interests of the citizens are protected and help mobilize consent for bills/laws.

Discuss the two tactics for using the judiciary and two tactics for bypassing it adopted by authoritarian regimes.

They tend to try to influence judges individually, or they can just dismiss the judges that they don't like. They try to retain a framework of law when doing this, and influence them through recruitment,training, evaluation, promotion, and discipline procedures. Or they can kill them off. To bypass, they make a declaration that they can rule by decree. Or they can use of special courts that work with the regime, and really don't even assert judicial independence. They can declare a state of emergency as a cover to make any decisions they want, so essentially a law is passed saying there is no mo' law.

Describe the scope of mid-20th century bureaucracy? Why was it criticized, and what were alternatives to it?

They were larger than ever before as a result of two world wars and a depression. The state set up welfare programs and expanded the bureaucracy to distribute financial assistance to the needy. By the end of the 20th century, it began to shrink- critics viewed civil servants as unproductive and remarked that they channeled state resources to fund their own departments.

What is turnover; why is it higher under proportional representation and—for several reasons—low in the US?

Turnover is when the seat is transferred to an non incumbent candidate. It is higher under PR because party leaders can determine the list/who gets into office, ensuring that no one candidate stays ont he list for too long. In the US, the incumbency effect is strong- incumbents have the name recognition, financial backing, and the ability to use public resources to channel into their constituency, so turnover is much lower

In Weber's concept, how are officials a) recruited/promoted; b) how was bureaucracy like industry/military?

a) Officials are recruited and promoted based on merit, which makes the system more efficient and objective. This creates a predictable and disciplined environment for policy implementation. b) The industry and military are hierarchical, standardized, and efficient. The bureaucracy should operate in the same fashion.

China's NPC has a) gained legitimacy, but remains limited by b) its size, c) schedule and d) position; explain.

a) The NPC is strengthened by the growing emphasis on rule of law- not all votes are unanimous and committees are becoming stronger. It has helped the private sector grow and formed links between subnational congresses- has made the political system in the country more cohesive and allowed for economic development b) However, it is huge (the world's largest legislature; 3000 members). c) It only meets once a year for two weeks, so it does not have the time to go over all the important issues in detail d) The CCP continues to dominate it, so it is not pluralistic or truly representative of the population

Define a) descriptive representation and two ways to foster it; b) substantive representation and its main vehicle.

a) present when the members of a representative body resemble the represented in given characteristics. gender quotas ...etc. b) present when representatives act on behalf of, and in the interests of those they represent. A female legislator can reflect the substantive interests and opinions of her male constituents, but cannot serve as their descriptive representative.

How have a) constitutions and b) gaps in the law diluted the difference between civil and common law systems?

a) the more recent introduction of distinct constitutions (which have developed a strong position in relation to the codes of civil law) has strengthened the liberal themes in many civil law countries. The constitution is strongly related to law. b) judges have inevitably found themselves filling gaps in the codes(in order to do their job), providing decisions which function as case law, even though they are not acknowledged as such. This seems like common law.

a) Organically linked, b) parliamentary governments are c) vulnerable to legislatures and d) vice versa; explain.

a)unlike presidential systems where chief executive is separate from legislature and independently elected, govt emerges from parliament b) vulnerable because can be brought down by a vote of no confidence c) executive can dissolve parliament and call fresh elections

What is abstract judicial (vs. concrete) review, who lodges requests and why is it more political?

an abstract review is advisory but binding opinion on a proposed law.They cannot invalidate laws. Concrete review is also binding, but in reference to a specific act of legislature. It is more political because the court can lead and in a way, drive public policy. People can petition for review, it seems like anyone can do this but only the justices decide.

In PG a) what are a president's two roles; b) what two factors keep the president and legislature autonomous?

chooses cabinet ministers, serves as chief executive (head of government). Directs the gov't, serves as head of state. the separation of powers — president cannot dissolve the legislature, and the legislature can only remove through impeachment.

Formally Russia has moved further than China toward rule of law, but in practice gaps remain. Explain (Last slide for chapter 13)

on paper, there are more Russian rights like owning property and things like 'the individual and his rights and freedoms are supreme value', etc. There are still gaps: the conviction rate in criminal cases remains suspiciously high; expertise and pay within the legal system are low, sustaining a culture of corruption; police violence is common; and the public still shows little faith in the legal system.

In PG how does electoral base of the two branches create different interests; how do presidents make policy?

separate elections, separate terms. Legislators depend only on support of voters in home district, while the president needs support of whole country. President pursues national agenda against special and local interests in the legislature. Creates the requirements for the executive to negotiate with legislature, and by this mechanism, seeks to ensure the triumph of deliberation over dictatorship.