Unit 2 – Political Institutions

Judicial System in Iran

-At a federal level, the judiciary is headed by a chief justice who is a cleric and needs to possess an understanding of sharia (Islamic law). The chief justice is appointed to a five-year term by the Supreme Leader. Beneath the chief justice is the Supreme Court, which is the highest court of appeals in the land. The Supreme Court has 42 branches and each branch has a justice, judge, and magistrate. -The function of the courts at any level is to interpret the law and ensure it does not violate sharia law and interpret the body of statutes made by legislative bodies. This type of law is known as Qanun (secular law).

Judicial System in China

-China has a four-tiered people's court system. The four levels of the court system are called the grassroots, intermediate, higher, and supreme people's courts. The CCP is in control of the court system nationwide, the party appoints all members of the judiciary. A nationwide organization called the people procuratorate provides public prosecutors and defenders to the courts. The function of the courts according to the Constitution is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The reality of the courts is that they are another arm of the CCP.

Example of a weak judiciary

-During the military dictatorship of Nigeria the judiciary was used as a tool to oppress the opposition and the judges were appointed and removed based on their loyalty to the ruling party. This is a sign of a very weak judiciary, and disrespects the democratic principle of checks and balances.

independent legislatures

-Independent legislatures refer to legislative bodies that have the power to make decisions and pass laws without interference or control from other branches of government. They are separate and autonomous entities with the authority to represent and serve the interests of the people. -can increase stability and legitimacy within the country, as legislatures can directly respond to the demand of those they represent, can compromise between factions and extend civil liberties

Judicial System in Mexico

-Mexico has both federal and state courts of origination and appeals. Most laws however are federal, so state courts are considered lesser than the federal courts. -The Supreme Court is the highest federal court. It is made up of a plenum which is the meeting of the eleven ministers of the Supreme Court, and a chamber which is made up of five ministers. The Minister-President of the does not participate in the Chambers. The ministers nominated by the President of Mexico and confirmed in Office by the Senate. The function of the on paper is to determine if laws are Constitutional or not. Its main duty is to enforce the law and preserve the order under the Constitution.

Independence of China Judiciary

-no true independence -The CCP is the true center of power. The judiciary is bound by rule of law or bound to the decisions of the CCP. The CCP appoints individuals to the judiciary to enforce party decisions. China has a 99.3% conviction rate which is evidence that this is not a system that protects the civil liberties or civil rights of the people.

Legislative Independence and Checks on Power Iran

-no true independence -The Guardian Council, selected by the Supreme Leader, oversees the Majles to ensure that laws comply with Islamic law. In addition, there is the Expediency Council which serves a mediator between the Majles and the Guardian Council and it is also made of officials appointed by the Supreme leader. It serves as a check on both the Legislative and the Judiciary branch, and has been helpful in mediating important issues, such as the Nuclear deal between Iran and other world powers in 2015

Independence of Iran Judiciary

-no true independence -The Supreme Leader appoints the justices of the federal courts. Sharia law must always be followed. The concept of judicial review does exist, but the ultimate legal authority does not rest in the Constitution, but rather sharia law and that cannot be overruled. The law treats men and women unequally, as well as Muslims and non-Muslims. The death penalty is also allowed for homosexuality, drug dealing, and alcoholism an example of failure to protect civil liberties and rights.

Independence of UK Judiciary

-no true independence -The judicial branch cannot deem a law of parliament unconstitutional as there is parliamentary sovereignty, can only make parliament aware of points that do not meet with common law or precedent.

Legislative Independence and Checks on Power Russia

-no true independence -United Russia controls who may be elected and the legislature is just a little more than a rubber stamp for the executive branch. The President also has decree power which means he can pass and shape implementation of law without the input of the legislature.

Independence of Russia Judiciary

-nor true independence -The President and more importantly United Russia by controlling the majority in Congress, appoint and approve those who sit on federal judiciary. It also has legitimacy issues as the courts are often used by the President (Putin in particular) to target the opposition. The judiciary has also never used its power to check the President's power or the Legislature.

Benefits of a unicameral system

-simplicity (only one set of rules/ procedures) -efficiency -cost savings -representation (more accountability)

Independence of Nigeria Judiciary

-transitioning towards independence -The Supreme Court has the power of judicial review and recent amendments have continued the work of making the system more independent and effective. However, in 2019 President Buhari suspended the chief just prior to the election, so this may indicate Nigeria is taking a step backwards from judicial independence. The court is still building legitimacy in Nigeria as in the 1990s it was clear that the military was controlling the courts. 1995 Ken Saro-Wiwa and activist, as well as eight other Ogonis were detained and handed under orders from the court arranged by the military

Independence of Mexico Judiciary

-transitioning towards independence -The Supreme Court has the power of judicial review and recent amendments have continued the work of making the system more independent and effective. However, there is a problem with legitimacy in Mexico as judges are often seen as corrupt or in fear of drug cartels.

China legislative system

-unicameral -National Peoples Congress: controlled by the CCP, directed elected, constitution gives it the most power but not reality, can choose the president and vice president (but no real choice, only one party sponsored candidate), announces the decisions of the Politburo (primary policy-making committee of a communist party)

Iran legislative system

-unicameral, theocratic -Majles: created by the constitution of 1906 and retained under the 1979 constitution, 290 seats, directly elected through SMDP, function diminished over time, power transferred to executive branch (mainly supreme leader), power to enact or change laws with approval of guardian council (make sure laws uphold sharia law), interpret laws, appoint 6 of the 12 members of the guardian council, remove cabinet members (NOT the president!), approve budgets, appointments, treaties and loans

Executive Term Limits in Nigeria

2 Consecutive-4 Year Term Limit. It is established in the constitution.

Executive Term Limits in Mexico

Can only serve the one term; this changed from 4 years to 6 in 1928 for good. It is established in the constitution. 1 - 6 Year Term Limit (Sexenio)

Parliamentary hybrid

Russia. Refers to the fact that the President is directly elected by the people, but the President appoints the Prime Minister of the lower house of the legislature (Duma). Has the benefits of greater stability and more responsive to peoples concern with the influence of both the prime minister and the president on the legislature.

Removal of Executives in Mexico

The Constitution mentions impeachment. In order to impeach the president of Mexico, there would have to be an approval by 2/3 of both lower and upper houses of Congress. This has only happened once in Mexico's history, in 1976, when former president Luis Echeverría was voted to be removed by the lower house (the chamber of deputies), but the process was not approved by the upper house (the senate ).

Executive Term Limits in UK

There is no formal term limit, Monarchy serves for life; Prime Minister-If a confidence motion is lost then the Government is obliged to resign or seek a dissolution of Parliament and call a General Election; also every 5 years fixed election. It is established by common law.

Removal of Executives in Nigeria

There is the ability of the legislature to impeach the president through a vote of 2/3 from both the lower and upper house in case there is a "gross misconduct." It has only happened once in Nigeria's history, in 1993, with former President Sheshu Shagari.

Removal of Executives in Russia

There is the ability of the legislature to impeach the president, and the process is laid out by the constitution. This happened times, all during the presidency of Boris Yeltsin, it also failed times. The process begins by the signing of a petition for impeachment by 1/3 of the lower house (the Duma). Then the petition passes to the upper house (the Federation Council), if approved by them, then the matter is referred to the constitutional court. If the impeachment is approved, then the vice president becomes the ruling President.

Power of Decree

This is a power granted to the Russian president, much like an executive order, that allows the president to create law without the input of the legislature

Getting judicial appointment in China

-highly centralized and influenced by the CPC. However, there are still some important qualifications for a candidate, such as a law degree, high scores at written and oral exams, and they need 5 years of experience in their areas. This strategy makes sure that candidates are qualified, but it does not exclude interferences from the party.

Legislative Independence and Checks on Power China

-no true independence -The CCP is the true center of power. The Politburo Standing Committee is the true seat of power. The Chinese Standing Committee of the National People's Congress (NPC) sets the legislative agenda for the NPC, supervises NPC member elections, and interprets the laws and Constitution.

Judicial System in Russia

-Prior to 1993, the courts in Russia were nothing but a puppet manipulated by the Communist Party. The Russian court system does have district, regional, and national courts. -Since 1993, the Russian government created a court structure that exists to this day: the Constitutional Court -The Constitutional Court has 19 members appointed by the President and confirmed by the Federations Council. The Constitutional Court is designed to make sure all laws and decrees are constitutional. -There is also a Supreme Court that was created by the Constitution. The Supreme Court is made up of 115 members appointed by the President and confirmed by the Federation Council. The function of the District Courts is the primary trial criminal courts and the Regional Courts are the appellate courts. The Supreme Court is the court of last resort for Russian administrative law, civil law, and criminal law.

Judicial System in Nigeria

-The 1999 Constitution established a Supreme Court, a Federal Court of Appeals, and a single unified court system at the national and state levels. However, we also need to recognize that in addition to the court system established by the Constitution, states can also set up or authorize traditional subsidiary courts, among them Islamic sharia courts (primarily in the northern states). -The Supreme Court has a chief justice and 21 justices appointed by the president and confirmed by the senate. It is the highest court of the land and has appellate jurisdiction mainly, as well as original jurisdiction in state cases (expect state v citizen.) -The Federal Court of Appeals has 72 branches access Nigeria. Judges are appointed by the president and conformed by the senate. They hear appeals from state courts of original and appeals.

Removal of Executives in UK

-There is fused power of the executive and legislative branch in the UK; however, the Prime Minister can be removed through something called a confidence motion. When such motion is put to a vote in the legislature, if a vote of confidence is defeated, or a vote of no confidence is passed, then the incumbent government must resign, or call a general election. -An example would be in March of 1979 when James Callaghan's referendum on devolution (the transfer of power to a lower level, particularly from a central government to a regional government in this case) for Scotland led to a successful passage of a motion of no-confidence and a defeat in the general election to Margaret Thatcher.

Mexico legislative system

-bicameral -Chamber of Deputies: lower house, 500 members, 3 year terms, directly elected (300 SMDP, 200 PR), verifier election results, levy taxes, approve legislation -Senate: upper house, 128 members, directly elected, 6 year terms, 3 elected from 31 states and federal districts, rest by PR, can confirm Presidental appointments to Supreme Court, approve treaties, approve federal intervention in state matters, pass legislation

UK legislative system

-bicameral -House of Lords= positions hereditary, upper house, little power, delays legislation and debates technicalities of proposed bills (1911 Parliament Act removed the right to veto from the House of Lords, and 1949 act stated that they cannot amend Money Bills) -House of Commons= 650 seats, directly elected, majority party elects prime minister, popular elections vote for the majority party in the House of Commons, mainly 2 party but there are multiple

Nigeria legislative system

-bicameral -House of Representatives: directly elected, 360 members, SMDP, can pass legislation -Senate: directly elected, 109 senators, 3 from each of 36 states +1 from federal capital of Abuja, can pass legislation, power to impeach president and confirm his appointees -both function to represent people

Russia legislative system

-bicameral: Federal Assembly of the Russian Federation -State Duma: directly elected, 1/2 by PR and 1/2 appointed through direct majority elections, lower house, 450 seats, 350 held by United Russia, pass legislation, confirm presidential appointees, approve the budget, represent population -Federation Council: appointed, upper house, 2 members form 89 regions (178), one representative selected by the governor of the region and one selected by the regional legislature, represent region, can reject legislation from the State Duma (however the Duma can override the rejection)

Benefits of a bicameral system

-checks and balances (must pass through two chambers) -diversity of viewports -greater representation (of different segments of the population) -greater stability

Advantages of executive term limits

-checks of power -focus on job -innovation of ideas

Other ways to check power of legislature

-civil society -media

Legislative Independence and Checks on Power Nigeria

-considered independent -The President also has decree power which means he can pass and shape implementation of law without the input of the legislature. Process that checks is set election dates

Legislative Independence and Checks on Power Mexico

-considered independent -The President also has decree power which means he can pass and shape implementation of law without the input of the legislature. Process that checks is set election dates.

Legislative Independence and Checks on Power in the UK

-considered independent -Fused powers between the executive and legislative branch leave few checks on the legislative branch. But, the Executive can still adopt some mechanisms that check on the Legislative's power, such as the ability to veto legislation and even call for new elections. Confidence votes can check power as well as set election dates

Judicial System in the UK

-courts of original jurisdiction and courts of appeals -district courts hear cases that can be appealed to High Courts, which until the 21st century meant the law lords -Supreme Court created in 2009 to replaced law lords -court has a president and 11 justices, appointed by a panel of lawyers -Scotland has a seperate legal system -parliamentary sovieghty (refers to a system where supreme legislative power is vested in parliament) means ghat the Supreme Court can NOT nullify law in the UK, and the court can only determine if the governments decision violates common law

Disadvantages of executive term limits

-forces good leaders to leave office -insufficient time to implement policy -impede policy continuity -weaken accountability -lame duck period -prevents executive from building experience -can cause poorly designed policy

semi-presidential system

A president exists alongside a prime minister and a cabinet. It has elements of the parliamentary system, with the prime minister and cabinet handling the legislation of the state, and elements of the presidential system, because the president is a popularly elected head of state. Russia is an example.

Civil Liberties

An individual being protected from discrimination by the government or other individuals or groups. It consists of the rights and liberties protected by the Consitution. For example: The right to a fair trial may be guaranteed by the constitution

Civil Rights

An individual's protection against an abusive of power on the part of the government.

Corruption

Corruption refers to the abuse of power for personal gain, often involving bribery, embezzlement, or favoritism. It undermines the integrity and fairness of institutions and can hinder economic development.

Structure and Function of Executive Branch UK

Has a head of government and head of state. The monarch serves as the head of state (passed through bloodlines) and is primarily a ceremonial role in the modern era, with little formal powers over the government. The head of governemnt is the prime minister (selected from the majority party in parliament and formally appointed by the monarch). The prime minister is responsible for leading the legislature and cabinets in formulating, implementing, and executing policies through different agencies.

Structure and Function of Executive Branch Russia

Has a semi-Presidental system in which the prime minister and president coexist. The directly elected president is the head of state and the commander in chief, appoints the top ministers, conducts foreign policy, and presides over the Duma in certain cases. The prime minister is the head of government and oversees the civil service.(bureaucratic agencies).

Example of separation of powers/ checks and balances in Presidental system

Nigeria has a system of checks and balances within their Presidental system. An example of a check on power would be when the president had his budget rejected by the senate in 2016 because it relied too heavily on foreign loans.

Civil Service

Permanent members of bureaucratic agencies who implement laws and government regulations.

Executive Term Limits in Iran

Supreme Leader has a 10 Year Term Limit; however, neither S.L. has ever been removed after 10 years by the Assembly of Experts. President is limited to 2 consecutive 4-year terms.

Judicial Appointments Commission

The Judicial Appointments Commission is a body responsible for selecting and recommending candidates for judicial appointments in a country. It ensures that the selection process is fair, transparent, and based on merit. In the UK, this entity approves appointments made by the queen and the prime minister to promote diversity and fairness in the selection process.

Removal of Executives in China

The National People's Congress has the ability to remove the President, but there is no formal process to follow. If the President or the Premier have to leave office due to circumstances such as illness, the NPC would have to appoint another person to step up in their place.

Removal of Executives in Iran

The Supreme Leader can be removed by the Assembly of Experts - a body of 88 Islamic scholars chosen by the people - but it has never happened. This process is not clearly defined. The President can be removed by the Supreme Leader or the legislature.

Executive Term Limits in China

The constitution establishes 10 year term limits. Under President Xi, the Chinese National Party Congress changed the Constitution in 2018 to allow the president to serve indefinitely.

Executive Term Limits in Russia

The constitution was changed from 4 years to 6 years by Constitutional amendment in 2012. Putin went from President to Prime Minister after his 2 consecutive terms and was re-elected president in 2012 and 2016.

Elections in the UK- Executive

The only national officials that are voted for in Great Britain are members of parliament (no popular elections for the prime minister). This means that the majority party can select or remove the head of governemnt and the cabinet, not the people. The cabinet is the center of policy making and believes in collective responsibility, meaning that all members of the governing party or coalition are collectively accountable for decisions made by the government. This means that if one member disagrees with a decision, they are still expected to publicly support it.

Structure and Function of Executive Branch Mexico

The people elect the president in Mexico directly and he is both head of state and the head of government. The president serves as chief executive, the commander in chief, and head of the civil service. The president also approves domestic policy and conducts foreign policy. The president appoints members of the cabinet, although some positions need the approval of the senate.

Structure and Function of Executive Branch Nigeria

The people elect the president in Nigeria directly, and he is both the head of state and the head of government. The president serves as chief executive, commander in chief and head of civil service. The president also approves domestic policy and conducts foreign policy. Finally, the president appoints the cabinet with the senate.

Elections in Mexico- Executive

The people of Mexico directly elect the president every six years. The election process is based on direct, universal suffrage and the principle of a . In 2018, Andres Manuel Lopez Obrador won 30 million popular votes , or 53% of the votes, and his opponent Ricardo Anaya won 12 million popular votes or 22% of the votes. Therefore, Obrador won the presidency. Legislative elections are separate from executive elections and are based upon PR.

Judicial Review

The power of courts to determine whether laws or actions by government officials are constitutional.

Elections in Russia- Executive

The president is elected by the people of Russia using universal, equal, and direct voting. The prime minister, head of state, is then appointed by the president, with the consent of the state duma. The prime minister position held little to no power until Vladimir Putin took the position in 2008 (he could no longer be president, as he had served 2 consecutive terms). Once Putin was elected president again in 2012, the position went back to being in service to the president.

Rule of Law

The principle that a state should be governed by a clear set of known laws not by arbitrary decisions made by individual government officials.

Fixed Term Election System

a system in which fixed dates are set for elections. These dates are announced and scheduled. Example: A good example of this term would be the UK and parliamentary elections. In 2011, the Fixed-term Parliaments Act set in legislation a default or set election day for general elections for Parliament. Elections are to be held every 5 years.

Rule of law

The rule of law is the principle that all individuals and institutions are subject to and accountable to the law, which is fairly applied and enforced. It ensures that no one is above the law.

Structure and Function of Executive Branch Iran

The supreme leader is, in theory, elected and overseen by the Assembly of Experts, not the people, and is the head of state in Iran. The supreme leader is the self-appointed political and religious authority of the Islamic Republic of Iran. The supreme leader is commander in chief, and he appoints top officials. The president, the head of government, is elected by the people, serves a 4-year term, and oversees the civil serve and foreign policy. In Iran, the head of state has greater power and the president reports to them.

Executive Cabinet

Top government officials in charge of formulating, implementing, and executing policies through different agencies.

China Structure and Function of Executive Branch

Top leaders of the CCP determines top governing officials without input from the people, including the president. The president is commander in chief of the military and general secretary of the CCP. The president nominates an individual to be the premier, who is the head of government overseeing the civil service in particular. Any changes in top leadership happen secretly and without the input of the people.

Examples of checks and balances within the parliamentary system

UK: -In 2011 the House of Commons passed a law allowed for fixed term elections, where every 5 years the House of Commons is reelected. This checks the power of the Prime Minister. -Another way that the parliamente can check on the Executive branch is by censuring new cabinet members. -In the UK, the House of Commons regularly holds Questions with the prime minister. This regular event allows the opposition and majority party to ask questions of the prime minister and the cabinet

Rule by law

Where the law is applied arbitrarily, and government officials are not subject to the same rules and penalties as citizens.

Presidential System

a democratic and republican (meaning the people are represented by government representatives (not political parties). The legislative and executive branches are seperate.

Parliamentary System

a democratic form of government in which the party that wins the most seats (in the legislature) gets to form the government, which means that the leader of that party will then become the prime minister or chancellor (head of government).