POL 212 COMPARATIVE POLITICS
The Constitution of the People's
Republic of China is amendable document. The first Constitution was adopted in
1954. After the two intervening versions, the constitution enacted in 1975 and
1978, the current Constitution was declared in 1982. There were significant
differences between each of these versions, and the 1982 Constitution has
subsequently been amended not less than four times (1988, 1993, 1999, and
2004). Furthermore, changing Constitutional conventions have led to significant
changes in the structure of Chinese government in the absence of changes in the
actual text of the Constitution. They have no special organization tasked with
the enforcement of the Chinese Constitution. , More so, under the legal system
of the People's Republic of China (PRC), courts lack the general power of
judicial review and cannot invalidate a statute on the grounds that it violates
the Constitution.
THE POLITBURO
These are the main group of people
in a communist government who make decisions about policy. Most
significant decision affecting China is first discussed and approved by a
handful of men who sit on the party's Political Bureau or Politburo which is
the nexus of all power in their nation of 1.3 billion. 25-member Politburo is
elected by the party's Central Committee. New Politburo members are chosen only
after rigorous discussion and investigation of their backgrounds, experience
and views. To reach the top, people need a strong record of achievement working
for the party, to have the right patrons, to have dodged controversy, and to
have avoided making powerful enemies.
The politburo is made up of party
secretaries from big municipalities like Beijing and Shanghai and from
important provinces like Guangdong. Presently, the wealth generated by China's
economic reforms has led some analysts to suggest the power of the centre as
waning. It was noted that the party secretaries of large provinces like Sichuan
and Guangdong are in charge of populations bigger than most European countries
and that their tax revenues are extremely important to Beijing.
Formally, the power of Politburo
members stems from their positions in the decision-making body in order words
the people value personalities. But in China, personal relations count much
more than job titles. A leader's influence rests on the loyalties he or she
builds with superiors and protégés, often over decades. That was how Deng
Xiaoping remained paramount leader long after resigning all official posts and
it explains why party elders sometimes play a key role in big decisions.
China's most senior decision-making
body is the seven-member Standing Committee of the Politburo which works as a
kind of inner cabinet and groups together with the country's most influential leaders.
The current members are Xi Jinping (the President), Han Zheng, Wang Huning, Li
Zhanshu, Li Keqiang (the Prime Minister), Wang Yang, and Zhao Liji. Members are
elected to serve for a term of five years. How the Standing Committee operates
is secret and unclear, but its meetings are thought to be regular and frequent,
often characterized by blunt speaking and disagreement. Although policy
disagreements and factional fighting are widely believed to take place in
private, it is extremely rare for them to break into the public domain.
Members of the Standing Committee
also share out the posts of party General Secretary, premier, chairman of the
National People's Congress, and head of the Discipline Inspection Commission.
The Politburo controls three other important bodies and ensures that the party
in line is upheld through these bodies. These are:
·
the National People's Congress or
parliament
·
the State Council, the government's
administrative arm
·
the Military Affairs Commission
which controls the armed forces
The President of China is the head
of state. He is currently Xi Jinping who was appointed at the end of 2012 in
the expectation that he would serve for 10 years. The president is widely
regarded as having acquired more power and as behaving in a more paranoid
fashion than any other leader since Mao Zedong, having abandoned the Communist
Party's once hallowed tradition of 'collective leadership' in favour of
strongman rule by himself. While he is genuinely opposed to corruption among
party officials, he has used his anti-corruption campaign to remove rivals and
consolidate power.
The Premier of China is the head of
the government and leads the State Council. He is currently Li Keqiang who was
appointed at the end of 2012 and is expected to serve for 10 years. Although a
relatively recent innovation, introduced in 1997, enforcement of age and term
limits for top Party and State positions has brought a degree of predictability
into otherwise opaque Chinese elite politics. So presently, for all senior
officials, there is an official retirement age of 65 and a limit of two to
five-year terms in the same post.
THE CENTRAL COMMITTEE
The Central Committee is elected
once every five years by the National Congress of the Communist Party of China
although in fact almost all of these people are approved in advance. This
Central Committee has 205 full members and 171 lower-ranking or
"alternate" members". It meets every couple of months. The
Central Committee is, formally, the "party's highest organ of
authority" when the National People's Congress is not in session.
According to the Party Constitution, it is vested with the power to elect the
General Secretary and the members of the Politburo, its Standing Committee, and
the Military Affairs Commission, and to endorse the composition of the
Discipline Inspection Commission. It also oversees work of various powerful
national organs of the party.
THE NATIONAL PEOPLE'S CONGRESS
Under China's 1982 constitution, the
most powerful organ of state is meant to be the National People's Congress
(NPC), China's unicameral legislature. However, the reality is that this is
little more than a rubber stamp for party decisions. The Congress is made up of
2,270 delegates elected by China's provinces, autonomous regions, municipalities
and the armed forces. Delegates hold office for five years. The full Congress
is convened for one session in March of each year and lasts a mere two weeks.
This means that China has the largest legislature in the world which meets for
the least time in the world.
In theory, the Congress has the
powers to change the constitution and make laws. But it is not, and is not
meant to be, an independent body in the Western sense of a parliament. For a
start, about 70% of its delegates - and almost all its senior figures - are
also party members. Their loyalty is to the party first, the NPC second. What
actually tends to happen, therefore, is that the party drafts most new
legislation and passes it to the NPC for "consideration", better
described as speedy approval.
THE STATE COUNCIL
The State Council is the cabinet
which oversees China's vast government machine. It sits at the top of a complex
bureaucracy of commissions and ministries and is responsible for making sure
party policy is implemented from the national to the local level. In theory,
the State Council answers to the National People's Congress, but more often the
State Council submits legislation and measures which the NPC then approves.
The State Council's most important
roles are to draft and manage the national economic plan and the state budget,
giving it decision-making powers over almost every aspect of people's lives. It
is also responsible for law and order. The full council meets once a month, but
the more influential Standing Committee comes together more often, sometimes
twice a week. This committee is made up of the country's premier, four
vice-premiers, state councilors and the secretary-general.
THE MILITARY AFFAIRS COMMISSION
China's People's Liberation Army
(PLA) - currently 2.25 million strong - has always defended the party as much
as national borders. During the early years of communist rule, most of the
country's leaders owed their positions to their military success during the
civil war, and links between them and the PLA remained very close. However, as
this generation has died off and reforms have been introduced to make the armed
forces more professional, the relationship has shifted subtly.
Party leaders know they are lost
without the army's support, as became clear during crises like the 1989
Tiananmen protests. At the same time, senior military leaders realise they need
the leadership's backing if far-reaching plans to modernise the armed forces
are to be paid for.
The party's control over the armed
forces and their nuclear arsenal is institutionalised through the Central
Military Affairs Commission. Currently the 11-member Commission has a civilian
chairman (the President Xi Jinping), two uniformed vice chairmen, and eight
uniformed regular members. The eight are the Minister of Defence, the directors
of the PLA’s four headquarters departments, and the commanders of the Navy,
Air Force, and strategic missile forces, known as the Second Artillery Corps.
THE DISCIPLINE INSPECTION COMMISSION
Party members suspected of
corruption, bad management or breaking with the party line are liable to be
brought before the Discipline Inspection Commission, set up to deal with
internal party discipline and to monitor abuses. Indeed, as economic reforms
have gathered pace, corruption has become probably the single most damaging
issue for the party's standing.
President has launched an assault on
inefficiency and corruption. The targets of the anti-corruption campaign have
included the former head of security Zhou Yongkang, the country's highest-ranking
official to be prosecuted in more than three decades, and Ling Jihua, a top
aide to the former president Hu Jintao. Of course, such actions, as well as
combating corruption, serve to eliminate opponents and consolidate power.
THE COURTS
Unlike in democratic countries, the
China's court system is in no sense independent. Both main legal organs answer
to the National People's Congress. The Supreme People's Procuratorate is the
highest legal supervisory body, charged with safeguarding the constitution, laws
and people's rights. The Supreme People's Court sits at the top of a pyramid of
people's courts going down to the local level. Public security organs are in
charge of the investigation, detention and preparatory examination of criminal
cases.
THE PROVINCES
China
is governed as 23 provinces, the 23 Provinces
are: Anhui, Fujian, Gansu, Guangdong, Guizhou, Hainan, Hebei, Heilongjiang,
Henan, Hubei, Hunan, Jiangsu, Jiangxi,
Jilin, Liaoning, Qinghai, Shaanxi, Shandong, Shanxi ,Sichuan, Yunnan, Zhejiang, and Taiwan five "autonomous" regions: Ningxia
Hui, Inner Mongolia, Xinjiang Uygur, Tibet and Guangxi Zhuang. four
municipalities - considered so important they are under central government
control (Beijing, Shanghai, Tianjin and Chongqing) - and two special
administrative regions namely Hong Kong and Macao (Macau) The people in charge of these bodies - a group of about
7,000 senior party and government leaders - are all appointed by the party's
organization department.
The
Five Autonomous Regions
Ningxia Hui Autonomous Region is located on the upper reaches of the Yellow River in northwest China. Its capital city is Yichuan. It borders three other regions (including two provinces and one autonomous region). Ningxia borders Inner Mongolia Autonomous Region in the north, Gansu Province in the south and Shaanxi Province in the east. The Ningxia Hui Autonomous Region has a total population of 6.3 million mostly made up of the Hui people. It has a large number of Muslim populations and a small number of Christians, Buddhists and Taoists.
The region is divided into five prefecture-level cities. These are: Yinchuan, Shizuishan, Wuzhong, Zhongwei and Guyuan. Some of the famous tourist destinations are the Xixia Tombs and the Gaomiao Temple.
Inner Mongolia which is located in the northern part of China is the third largest province in China. It shares borders with eight provinces. These are: Liaoning, Heilongjiang, Jilin, Shanxi, Gansu, Ningxia Hui Autonomous Region, Hebei, and Shaanxi. Mongolia also borders with the Republic of Mongolia and Russia in the north. The total population of Inner Mongolia is 24.7 million out of which about 79% are Han Chinese. Other ethnic groups in the region include Mongol (second largest) and Manchu.
Inner Mongolia is divided into 12 prefecture-level divisions. Some of the major cities are Hohhot (capital city), Wuhai, Baotou and Chifeng. Some tourists destinations in the region are Dazhao Temple, Xiaozhao Temple, Wudangzhao Monastery, Wanbu Huayanjing Pagoda among others. Located in the northwest of China, Xinjiang is the largest of China’s regions and provinces. It has the most neighboring countries as it borders Russia, Mongolia, Kyrgyzstan, Pakistan, Tajikistan, Afghanistan, Kazakhstan and India.
The population of Xinjiang is about 21.8 million which comprises of a number of ethnic groups including the Uyghur, Kazakhs, Mongols, Hui, Kyrgyz, and Tajiks Han. The largest ethnic is Uyghur (45%) who are Muslims. The second largest group is Han Chinese (40%). The capital of the Xinjiang Uygur Autonomous Region is Ürümqi (Wulumuqi). It is divided into fourteen prefecture-level divisions. Some of the major cities are: Aksu, Changji, Bortala, Bayingolin, Hetian etc. Xinjiang has a lot of beautiful landscapes which attract tourists. Examples are the Tianshan Mountains and Southern Pasture. There are also some notable cultural sites such as the Xinjiang Silk Road Museum, Tartar Mosque and Qinghai Mosque.
It is the second-largest province-level division of China. The Tibet Autonomous Region (TAR) is situated on the world’s highest plateau, the Qingzang Plateau (also known as the Qinghai–Tibet Plateau). The autonomous region accounts for 12.8 percent of China’s total land area. It borders Xinjiang to the North, Qinghai to the northeast, Sichuan to the east and Yunnan to the southeast. Countries which share borders with TAR in the south are Myanmar (Burma), India, Bhutan and Nepal. TAR has a total population of 3million with almost 93% of the people from the Tibetan ethnic group. Other ethnicities are the Han (6%), Monpa and Hui. They speak Tibetan language (as well as Mandarin Chinese) and practice the Tibetan Buddhism. Lhasa is the capital city of Tibet. Some other notable cities include: Nyingchi, Nakchu, Shannan, Ngari, and Chamdo.
One of the main tourist attractions in the region is the Potala Palace in Lhasa. Other interesting places include Tashilhunpo Monastery, Namtso Lake, and Jokhang Temple. The tallest mountain in the world, Mount Everest is located on Tibet’s border with Nepal. Guangxi Zhuang Autonomous Region is situated in southern China. It shares borders with the following provinces: Hunan (northeast), Guangdong (southeast), Yunnan (west) and Guizhou (north). The coastal region also borders Vietnam in the southwest.
Guangxi has a population 46.8 million with majority being Han Chinese (62%). Other ethnicities are Zhuang (32%), Miao, Yao, etc. Over 90% of the Zhuang population which is China’s largest minority group lives in Guangxi.
Guangxi has 14 prefectures and 109 counties. Its capital city is Nanning. Other famous cities in the region include: Yulin, Guigang, Guilin, Liuzhou, Hechi, Baise etc. The region is characterized by spectacular landscapes, mountains and forests. It has several tourist destinations including 3 state-level natural scenic spots and 11 state-level forest parks. Guilin and Yangshuo are the major tourist attractions in Guangxi. Some famous sites are the Reed Flute Cave, Elephant Trunk Hill, Seven-Star Park, Li River, etc.
S/n |
Area |
Provinces |
1 |
Central South |
Honan, Hunan, Hupeh, Kiangsi,
Kwangsi, Kwangtunt |
2 |
East China |
Anhwei, Chekiang, Fukieeennn,
Kiangsu, Shantung |
3 |
Inner Mongolia |
Northern Chahar, Suiyuan |
4 |
North China |
Southern Chahar, Hopeh, Shansi |
5 |
North East China |
Antung, Heilungkiang, Jehol,
Kirin, Liaohsi |
6 |
North West China |
Kansu, Ningsia, Shensi, Sinkiang,
Tsinghai |
7 |
South West China |
Kweichow, Sikang, Szechuan, Yunnan
|
The Central South of China has 6
provinces while East China comprises of 5 provinces; Inner Mongolia has 3
Provinces, North China has 4 provinces, North East China has 5 provinces, North
West China has 5 provinces and South West China; has 4 province.
Though, many are powerful
individuals - the governor of Sichuan province ruled over 80 million people -
their ability to deviate from the party line is limited because they know their
next career move would be at stake. Nevertheless, most analysts agreed that the
centre has lost some control to the regions in the past two decades, especially
in the economic field.
RUSSIAN LIFE AND POLITICAL SYSTEM
Based on
the total landmass, Russia is the largest country in the world. That is
excellent for travelers because that means there is plenty to explore. The
total landmass of Russia is 6,601,665 square miles. That is equal to 11% of the
world’s total landmass! This can be compared with Canada at 3,855,101 square
miles. Russia has a harsh weather, that is harsh winter conditions, and from
the coldest village in the world. In a place like Oymyakon during winter it is
58-degrees Fahrenheit and the coldest recorded cold in Oymyakon is 96-degrees
Fahrenheit. Due to their harsh weather if you wear sunglasses outside the area
it will freeze and break.
There is a
big difference between the male and female population in Russia. The numbers of
females make up 54% whereas males only make up 46% reason; the population gap
began during World War II (WWII) when 25 million Russian soldiers died in the
war. Even though, there are no more war men still have a much shorter lifespan
than women do in Russia. Many Russian live in rural communities where the way
of life is harsh, most at times, Russian men fall victim to hunting accident,
poor health care, and too much intake of vodka drink. It is not a hidden fact
that Russians have too much of vodka drink in their place any time any
day.
Russia is
so big that it has 11 different time zones. Their lake Baikal has more water
than any other lake on earth, the lake is located in Siberia it also the
largest freshwater lake in the world by water volume. Russians tend to have
many superstitious and traditions, the commonest tradition is to only give
followers in odd numbers than even numbers. They believe that even numbers are
for cemeteries. If you give a Russian flower in even numbers they may take it
personal with you seeing you as an enemy. Another interesting story about the
life of Russians is that they learn not to smile while growing up; that smiling
in their culture is a mark of weakness and not showing ones true feelings.
Again they only smile at people they know not strangers.
The Russian political system is one of the more
recent to embrace democracy but remains deeply flawed in terms of its
democratic credentials, overwhelmingly tainted by corruption, and massively
influenced by the power and personality of one man, Vladimir Putin. The Russian
Federation was the largest nation to emerge from the breakup of the Soviet
Union in December 1991. Following the constitutional crisis of 1993, Russia
adopted a new constitution in a referendum of December 1993. Essentially the
country is described as a federal presidential republic.
THE PRESIDENT
The constitution of 1993 provides
strong powers for the President. The President has broad authority to issue
decrees and directives that have the force of law without legislative review,
although the constitution notes that they must not contravene that document or
other laws. Indeed Russia's strong presidency is sometimes compared with that
of Charles de Gaulle in the French Fifth Republic (1958-69). The President's power
in practice is underlined by his power to make so many appointments of key
officials. It is estimated that the size of the Presidential apparatus in
Moscow and the localities is more than 75,000 people, most of them employees of
state-owned enterprises directly under Presidential control. The Law on
Presidential Elections requires that the winner receive more than 50% of the
votes cast. If no candidate receives more than 50% of the vote, the top two
candidates in term of votes must face each other in a run-off election. Under
the original 1993 constitution, the President was elected for a four-year term
but, in November 2008, the constitution was amended to make this a six year
term. The President is eligible for a second term but constitutionally he is barred
from a third term tenure.
The first President of the new
Russia was Boris Yelsin who was elected in June 1991. He was followed by his
hand-picked successor Vladimir Putin. After a term as Acting President, he was
elected for his first term in May 2000 and for a second term in March 2004. In
accordance with the constitution, he stepped down in March 2008 and was
succeeded by his nominated successor Dmitry Medvedev (previously a First Deputy
Prime Minister). In March 2012, Putin was re-elected as President on the first
ballot in a widely criticized election in which the opposition candidates were
weak, the media was compliant, and there were many electoral irregularities. He
took office in May 2012 and will serve for six years. Constitutionally Putin could
seek one further term and, if elected, would therefore be President until 2024
when he would be 71.
THE EXECUTIVE
The Prime Minister is appointed by
the President with the approval of the Duma and is first-in-line to the
presidency in the case of the President's death or resignation. Historically
the role of Prime Minister has been very much subservient to that of the
President. However, this situation changed in March 2008 when Vladimir Putin
stepped down as President - as he was constitutionally required to do - and
became Prime Minister while the First Deputy Prime Minister Dmitry Medvedev
stepped up to the Presidency. In May 2012, Putin returned to occupy the office
of the president while the former President Medvedev became Prime Minister in
an exchange of roles.
THE FEDERATION COUNCIL
The upper house in the Russian
Federal Assembly is the Federation Council. The Council has 170 members who are
known as senators. Each of the 85 federal subjects of Russia sends two members
to the Council. The federal subjects are the 47 oblasts (provinces), the eight
krais (various large territories with the same legal status as oblasts)), the
two federal cities (Moscow and St Petersburg), the 21 republics (areas of
non-Russian ethnicity), the four autonomous okrugs (various regions) and one
autonomous oblast (the Jewish Autonomous Oblast), each category of which has
different powers. In 2014, Sevastopol and the Republic of Crimea became the
84th and 85th federal subjects of Russia, although the two most recently added
subjects are internationally recognized as part of Ukraine. One senator is
elected by the provincial legislature and the other is nominated by the
provincial governor and confirmed by the legislature.
For the fact that the territorial
nature of the upper house, terms to the Council are not nationally fixed, but
instead are determined according to the regional bodies the senators represent.
The Council holds its sessions within the Main Building on Bolshaya Dmitrovka
Street in Moscow, the former home of the Soviet State Building Agency
(Gosstroi).
The Federation Council is the upper chamber of the Federal Assembly, the Russian parliament. It is composed of two representatives from every constituent entity of the Russian Federation with one representing the legislative (representative) authority and the other the executive authority, as well as the representatives of the Russian Federation appointed by the President of the Russian Federation whose number shall not exceed ten percent of Federation Council members representing legislative (representative) and executive authorities of Russia’s constituent entities.
The Federation Council is the upper chamber of the Federal Assembly, the Russian parliament. The Federation Council is a permanent body. The Constitution of the Russian Federation defines the powers of the Federation Council. Exercising legislative power is its main function. The Constitution of the Russian Federation and the Federation Council Rules of Procedure stipulate the manner in which the Federation Council reviews federal constitutional laws and federal laws, approved or adopted by the State Duma, respectively.
Together with the State Duma, the Federation Council takes part in drafting laws, reviewing them and taking decisions, and also drafts federal laws and federal constitutional laws on its own, under its right to initiate legislation. The Federation Council approves federal laws at its sittings with or without review. Federal laws adopted by the State Duma are subject to mandatory review by the Federation Council in the following areas: the federal budget; federal taxes and duties; financial, foreign exchange, lending and customs regulations, and money creation; ratification of and withdrawal from international treaties of the Russian Federation; status and protection of the state border of the Russian Federation; war and peace.
A federal law is deemed approved by the Federation Council, if it is voted for by more than one half of the total number of its members, while constitutional federal laws are adopted by at least a three fourths majority. A federal law that is not subject to mandatory review is deemed to have been adopted if the Federation Council does not take it up for review within fourteen days. If the Federation Council rejects a federal law, the two chambers of the Federal Assembly may set up a conciliation commission to overcome the differences, after which the federal law has to be reviewed once again by the State Duma and the Federation Council.
Furthermore, the Federation
Council has the following authority:
– to approve a presidential executive order imposing martial law;
– to approve a presidential executive order imposing a state of emergency;
– to take decisions on deploying the Armed Forces of the Russian Federation outside its territory;
– to call elections of the President of the Russian Federation;
– to remove the President of the Russian Federation from office, and to lift the immunity of a former President of the Russian Federation;
– to appoint, at the proposal of the President of the Russian Federation, the chair, deputy chairs and judges to the Constitutional Court of the Russian Federation, the chair, deputy chairs and judges to the Supreme Court of the Russian Federation, and terminate their appointments, at the proposal of the President of the Russian Federation, if they commit acts discrediting the judge’s honour and dignity, as well as in other cases set forth by a federal constitutional law when the judge is unable to fulfill his or her duties;
– to hold consultations on candidates, as proposed by the President of the Russian Federation, for the posts of Prosecutor-General of the Russian Federation, deputy prosecutors-general of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, candidates for military prosecutors’ offices and other specialised prosecutors’ offices that enjoy the same status as prosecutors of the constituent entities of the Russian Federation;
– to appoint and dismiss the Chair of the Accounts Chamber and half of its auditors at the proposal of the President of the Russian Federation;
– to hold consultations on candidates, as proposed by the President of the Russian Federation, to head federal executive agencies (including federal ministries) in charge of defence, national security, internal affairs, justice, foreign affairs, preventing emergencies, disaster relief, and public safety;
– to hear annual reports by the Prosecutor-General of the Russian Federation on the state of law and order in the Russian Federation.
Several federal laws stipulate other powers vested in the Federation Council that are not set forth in the Constitution of the Russian Federation.
THE STATE DUMA
In
the modern history of Russia, the State Duma, along with the Federation Council,
is one of the two chambers of the Federal Assembly of the Russian Federation.
The Federation Council is the upper chamber of the Federal
Assembly, the Russian parliament. is composed of two representatives
from every constituent entity of the Russian Federation with one
representing the legislative (representative) authority
and the other the executive authority, as well
as the representatives of the Russian Federation appointed
by the President of the Russian Federation whose number
shall not exceed ten percent of Federation Council members representing
legislative (representatives) and executives authorities of Russia constituent
entities The lower house in the Russian
Federal Assembly is the State Duma. It is the most powerful house, so all bills,
even those proposed by the Federation Council, must first be considered by the
Duma. However, the Duma's power to force the resignation of the Government is
severely limited. It may express a vote of no confidence in the Government by a
majority vote of all members of the Duma, but the President is allowed to
disregard this vote.
The Duma has 450 members who are
known as deputies. Originally seats in the Duma were elected half by
proportional representation (with at least 5% of the vote to qualify for seats)
and half by single member districts. However, President Putin passed a decree
that from the November 2007 election all seats were to be elected by
proportional representation with at least 7% of the vote to qualify for seats.
This 7% threshold was one of the highest in Europe and, by introducing this;
Putin eliminated independents and made it effectively impossible for small
parties to be elected to the Duma.
Recently Duma is elected on a single
day for a term of five years, with parallel voting that was used between 1993
and 2003. Therefore, half of the 450 seats are elected by proportional
representation from closed party lists with a 5% electoral threshold with the
whole country as a single constituency. The other 225 seats are elected in
single-member constituencies using the first-past-the-post system. Under the
original 1993 constitution, elections were held every four years but, in
November 2008, the constitution was amended to make the Duma's term five years.
A Duma election was held in December 2011 (when turnout was only 60%). So a
Duma election should have been on 4 December 2016 but was brought forward to 18
September 2016 (when turnover fell to a record low of just 48%). The next
election will be due on 2021. The Duma is headquartered in central Moscow, a
few steps from Manege Square.
POLITICAL PARTIES
The main political party is called
United Russia and is led by Dmitry Medvedev. It was founded in April 2001 as a
result of a merger between several political parties. It describes itself as centrist,
but it is essentially a creation of Vladimir Putin and supports him in the Duma
and the Federation Council. In the Duma election of December 2011, even with
the alleged voting irregularities, United Russia's share of the vote fell by
15% to just over 49% and the number of its deputies fell by 77 to 238. However,
in the election of September 2016, the party - while winning 54% of the vote -
increased its number of seats by 105 to 343. The main opposition party is the
Communist Party of the Russian Federation led by Gennady Zyuganov. In the
election of 2011, it won 19% of the vote and took 92 seats. At the last Duma
election in 2016, its share of the vote fell to 13% its seat count fell by 50
to 42. The other parties in the Duma are the Ultra-nationalist Liberal
Democratic Party of Russia (led by Vladimir Zhirinovsky) with 39 seats (down by
17) and the fake opposition party A Just Russia (led by Sergey Mironov) with 23
seats (down by 41).
THE JUDICIARY
The Constitutional Court of the
Russian Federation consists of 19 judges, one being the Chairman and another
one being Deputy Chairman. Judges are appointed by the President with the
consent of the Federation Council. The Constitutional Court is a court of
limited subject matter jurisdiction. The 1993 constitution empowers the
Constitutional Court to arbitrate disputes between the executive and
legislative branches and between Moscow and the regional and local governments.
The court also is authorized to rule on violations of constitutional rights, to
examine appeals from various bodies, and to participate in impeachment
proceedings against the President. Although in theory the judiciary is
independent, most observers believe that major elements of the judiciary -
together with the police and prosecution authorities - are under the political
control of the Kremlin and more specifically Vladimir Putin. The world
describes the current state of the Russian political system as "managed democracy" or "sovereign
democracy" or simply as "Putinism".
The three political parties not in government are called the "systemic
opposition".
The Judiciary
Three types of court make up the Russian judiciary:
§ The courts of
general jurisdiction (including military courts), subordinated to the Supreme
Court;
§ The arbitration
court system under the High Court of Arbitration;
§ The
Constitutional Court (as well as constitutional courts in a number of federal
entities)
The municipal court is the lowest adjudicating body in the general court system. It serves each city or rural district and hears more than 90 per cent of all civil and criminal cases. The next level of courts of general jurisdiction is the regional courts. At the highest level is the Supreme Court. Decisions of the lower trial courts can generally be appealed only to the immediately superior court.
Arbitration courts are in practice specialized courts which resolve property and commercial disputes between economic agents. The highest level of court resolving economic disputes is the High Court of Arbitration.
THE POLITICAL SYTEM
OF THE UNITED KINGDOM
Political
system of every nation is shaped by history. The fundamental continuity could
be said to be the important nature of understanding the British political
system. The nation has not been invaded or occupied by any substantial
territory rather they were the one that invade and occupy other territories.
For the first time in history it was only in 1066 that England was invaded by the Normans. So getting to 1000 years they have not been
invaded or occupied by any nation.
1. Britain has no Written
constitution example of other nation that has the same unwritten constitution
are the Israel and New Zealand.
2. Their political system
is not logical or neat, democratic and efficient.
3. They have gradual change,
pragmatic and building a solid foundation on consensus.
4. The British attitude
is separate from Europe and other people or cultures to that extend they are
not interested in new or different ideas and this was the major factor behind
the Brexit decision of 23rd June 2016.
Note: a
referendum – a vote in which everyone (or nearly everyone) of a voting age can
take part – was held on Thursday 23 June 2016, to decide whether the UK should
leave or remain in the European Union. Whether to leave, won by 51.9% to 48.1%,
the referendum turnout was 71.8%, with more than 30 million people voting
(http://www.bbc.com.news.uk-politic...).The UK is due to leave the EU on 29th March
2019 at 11pm. UK time, when the period for negotiating a withdrawal agreement
will end unless an extension is agreed. The UK joined the European Communities
(EC) in 1973, with membership confirmed by a referendum in 1975
(http://enwikipedia.org>wiki>Brexit).Brexit is abbreviations for British exit; referring to the
UK’s decision in a June 23, 2016 referendum to leave the European Union.
The
political history of the British has been a struggle to shift power and
accountability from the king that claimed his right to rule is from God. With
the power tussle democracy here was trying to survive and there has been
increasing representatives of ordinary people and accountable to ordinary
people. In 1215 their
King John was forced to sign the Magna
Carta which has to do with the sharing of power with the Barons. This was regarded as the
first statement of citizens’
rights in the world of which the Hungarians enjoyed the Golden Bull for seven years. The
first Representative Assembly was
called Model Parliament that
was concluded by King Edward I in
1295. The British Parliament is Bicameral in nature of which
the House of Commons and Lords emerged in 1341, having served as a
template in very many other parliamentary systems. The 1689 bill lays down limits on the powers of the crown and sets out the rights of Parliament and the parliamentary
rules, freedom of speech, Parliamentary regular election requirement and that
the monarch can be petitioned without fear of retribution.
Further
Reform Acts followed in 1867 and 1884. It was in1918 before the
country achieved a near universal franchise and 1970 before the last extension of the franchise (to 18-21
years). Another important feature of British political history is that three
parts of the United Kingdom; Scotland,
Wales and Northern Ireland have a special status and have local
administrations with a wide range of responsibilities. However, England which
represents about 84% of
the total UK population of around 65
million does not have a clear and strong sense of regionalism. So the British
political system does not have anything equivalent to the federal system of the 50
states in the USA. The nature of the United Kingdom took on a new
form in the General Election of
May 2015 of which
the Scottish National Party won
56 out of 59 seats in Scotland.
The
final important part of British political history is that, since 1973, the UK has been a member of what
is now called the European Union (EU). Recently the EU has 28 Member
States covering most of the continent of Europe. Therefore the UK Government
and Parliament are limited in some respects by what they can do because certain
areas of policy or decision-making are a matter for the EU which operates
through a European Commission appointed by the member governments and a
European Parliament elected by the citizens of the member states The year
2015 was a special year for the British Parliament as it was the 750th anniversary of the de
Montfort Parliament (the first gathering in England that can be called a
parliament in the dictionary sense of the word), along with the 800th anniversary of the Magna Carta, the document that set the
scene for the later 1265 de Montfort Parliament.
THREE
ARMS OF THE STATE
The
British political system is headed by a monarch but essentially the powers of
the monarch as head of state - currently Queen Elizabeth II - are ceremonial.
The most important practical power is the choice of the Member of Parliament to
form a government, but the monarch follows the convention that this opportunity
is granted to the leader of the political party with the most number of seats in
the House of Commons or
who stands the best chance of commanding a majority in a vote of confidence in
the Commons. The senior royals notably the Queen and her eldest son the Prince
of Wales have to be consulted about legislation that might affect their private
interests and given the opportunity to have such legislation amended.
Traditionally the choice of monarch has been determined on the hereditary and
primogeniture principle which means that the oldest male child of a monarch was
the next in line to the throne. Under the terms of the Act of Settlement of 1701, the monarch
and the monarch's spouse could not be Catholics because the UK monarch is also
the Head of the Church of England. In 2015, the primogeniture principle was abolished, so that the next
in line can now be a female eldest
child, and the monarch can marry a Catholic but not him or her to be
one.
In classical political theory, there are three arms
of the state:
1.
The executive - the Ministers who run the country and propose
new laws
2.
The legislature - the elected body
that passes new laws
3.
The judiciary - the judges and the
courts who ensure that everyone obeys the laws.
In the political system of the United States, the
constitution provides that there must be a strict division of powers of these three
arms of the state, so that no individual can be a member of more than one. So,
for example, the President is not and cannot be a member of the Congress. This
concept is called 'separation of powers', a term coined by the French
political, enlightenment thinker Montesquieu. This
is not the case in the UK where all Ministers in the government are members of
the legislature and one individual, the Lord Chancellor, is actually a member
of all three arms.
THE
UK PARLIAMENT
The
British Parliament is often called Westminster because
it is housed in a distinguished building in central London called the Palace of
Westminster which stands out because of the clock tower at the south end (the
Elizabeth Tower and it houses Big Ben) and the tower with a flag at the other
end (the Victoria Tower). The British Parliament - like that of larger
countries is bicameral, that
is there are two houses or chambers; the House
of Commons and House of Lords. We can find unicameral legislatures
in smaller nations such as: Denmark, Sweden, Finland, Greece, Israel and New
Zealand, although China and Iran are two larger nations with a single
legislative chamber (but neither of these countries practices democracy).
The
House of Commons
This
is the lower chamber but the one with the most authority. The Commons is
chaired by the Speaker. Unlike the Speaker in the US House of Representatives,
the post is non-political but by convention, the political parties do not
contest the Parliamentary constituency held by the Speaker. The House of
Commons currently comprises 650 Members
of Parliament or MPs (the number varies slightly from time to time to reflect
population change). This is a large legislature by international standards. For
instance, the House of Representatives in the USA has 435 seats but, whereas,
each of the 50 US states has its own legislature. The Coalition Government of
2010-2015 passed legislation to reduce the number from 650 to 600, as part of a
wider change to the number and size of constituencies, but Parliament blocked
the process of redrawing boundaries that is necessary before an General
Election can be held with fewer seats.
Rather
oddly (but deliberately), there is insufficient seating capacity in the chamber
of the House of Commons for all the MPs. Members do not sit at desks (like most
legislatures) but on long, green-covered benches and there is only seating
capacity for 437 MPs out of the total of 650. The origin of this strange
arrangement is that the Commons first home was the medieval St Stephen's Chapel
in the Palace of Westminster which could only fit around 400 Members.
Every
citizen aged 18 or over can vote once in the constituency in which they live.
Voting is not compulsory (as it is in Australia). In the last General Election
of May 2015, 66.1% of the electorate actually voted. Most democratic countries
use a method of election called proportional representation (PR) which means
that there is a reasonable correlation between the percentage of votes cast for
a particular political party and the number of seats or representatives won by
that party. However, much of the Anglo-Saxon world - the USA, Canada, and the
UK but not Australia or New Zealand - uses a method of election called the
simple majority system or 'first past the post' (FPTP). In this system, the
country is divided into a number of constituencies each with a single member
and the party that wins the largest number of votes in each constituency wins
that constituency regardless of the proportion of the vote secured. The simple
majority system of election tends to under-represent less successful political
parties and to maximise the chance of the most popular political party winning
a majority of seats nationwide even if it does not win a majority of the votes
nationwide. Until recently, in the UK (unlike many countries), there was not
fixed term parliaments.
The
House of Lords
This
is the upper chamber but the one with less authority. Its main roles are to
revise legislation and keep a check on Government by scrutinising its
activities. Since 1911, its power to block "money bills" is limited
to one month and its power to block other bills is limited to one session, so
ultimately it cannot block the will of the House of Commons. Furthermore, since
1945, there has been the Salisbury Convention that the House of Lords will not
oppose a measure that was specifically mentioned in the last election manifesto
of the political party forming the Government.
The
House of Lords is an utterly bizarre institution that has no parallel anywhere
in the democratic world. The explanation for the unusual nature of the Lords
goes back to the beginning of this essay: the British political system has
evolved very slowly and peacefully and it is not totally logical or democratic.
There is no fixed number of members in the House of Lords, but currently there
are 826 members - many more than in the House of Commons, more than the
combined houses of the American Congress or the Indian Parliament (although
both of these nations have a federal system), and the second biggest
legislative body in the world (after the Chinese National People's Congress
which is effectively a rubber-stamping body). The number was actually halved to
666 in the reforms of 1999 but, since then, succesive Prime Ministers
(especially David Cameron) have been adding new life peers much faster than
members are dying. Indeed the last (Coalition) Government added over 100.
Ironically the size of the House of Lords continues to rise at the same time as
the House of Commons has legislated to reduce its size (although the
legislation has not been implemented).
Historically
most members of the House of Lords have been what we called hereditary peers.
This meant that years ago a king or queen nominated a member of the aristocracy
to be a member of the House and, since then, the right to sit in the House has
passed through the family from generation to generation. Clearly this is
totally undemocratic and the last Labour Government abolished the right of all
but 92 of these hereditary peers to sit in the House. Almost all the other
members of today's House of Lords are what we call life peers. This means that
they have been chosen by the Queen, on the advice of the Government, to sit in
the House for as long as they live, but afterwards no member of their family has
the right to sit in the House. Almost 200 are former Members of Parliament.
Others are distinguished figures in fields such as education, health and social
policy. A small number of other members - 26 - are archbishops and bishops of
the Church of England. The archbishops of Canterbury and York and the bishops
of London, Durham and Winchester automatically take seats in the Lords, while
the further 21 seats are allocated on the basis of length of service. Iran is
the only other country in the world that provides automatic seats for senior
religious figures in its legislature.
There
is no retirement age for peers and the average age is an incredible 69.
There
is nowhere near sufficient seating capacity in the chamber of the House of
Lords for all the peers. Members do not sit at desks (like most legislatures)
but on long, red-covered benches and there is only seating capacity for 230
peers out of the total of over 800. Even on a 'whipped' vote, a couple of
hundred peers will not turn up. House of Lords reform is unfinished business.
The Parliament Act of 1911 first raised the prospect of an elected upper house
but it has still not happened. There is a cross-party consensus that it should
become a mainly elected body, although there is as yet no agreement on the
details of the next stage of reform.
In
the British political system, almost all legislation is proposed by the
Government and much of it comes from promises made in the manifesto of the
relevant political party at the last election. At the beginning of each annual
session of the Parliament, the main Bills to be considered are announced by the
Queen in a speech opening that year's session of Parliament.
All
legislation has to be approved by both Houses of Parliament.
In
each House of Parliament, a proposed piece of legislation - called a Bill -
goes through the following stages:
·
First Reading - the Bill is
introduced with simply a reading by a Minister of the long title of the
Bill
·
Second Reading - the general
principles of the Bill are debated by all the members of the House and a formal
vote is taken
·
Committee Stage - each clause and
schedule of the Bill, plus amendments to them and any new clauses or schedules,
is examined in detail, in the Commons by a small, specially chosen group of
members meeting as Public Bill Committee or in the Lords by the members as a
whole on the floor of the House
·
Report Stage - the changes made to
the Bill in the Committee are reported to and debated by the whole House which
is invited to consider the Bill as a whole, approve the changes by the
Committee, and consider any further proposed changes that might be suggested
·
Third Reading - the final version of
the Bill is considered by the whole House in a short debate (in the Commons
without the facility for further amendments)
·
Royal Assent - the Crown gives
assent to the Bill which then becomes an Act, the provisions becoming law
either immediately or at a date specified in the Act or at a date specified by
what is called a Commencement Order
Several points are worth noting about the legislative
process:
·
Under normal circumstances, all
these stages must be completed in both Houses in one session of Parliament;
otherwise the process must begin all over again.
·
Debates on most Bills are timetabled
through a programme motion (when Government and Opposition agree) or an
allocation of time motion which is popularly known as a 'guillotine' motion
(when Government and Opposition do not agree).
·
As well as almost all legislation
coming from the Government, almost all successful amendments originate from the
Government.
·
Ultimately, exactly the same text of
a Bill must be approved by both Houses of Parliament. If the House of Lords approve
an amendment to a Bill from the House of Commons, then the Bill returns to the
Commons for further consideration. Usually the Lords amendment is not accepted
by the Commons which is, after all, the elected chamber with the democratic
mandate. If the Lords insist on passing the amendment - or something like it -
again, then the process of the Bill passing back and forth between the two
Houses is known colloquially as "ping-pong".
·
The House of Lords has much more
limited legislative powers than the House of Commons. Money Bills can only be
initiated in the Commons and the Lords can only reject legislation from the
Commons for one year. Furthermore there is a convention - called the Salisbury
Convention - that the Lords do not block legislation in fulfillment of the
election manifesto of the elected Government.
This process of enacting legislation applies to what is
called primary legislation which starts as a Bill and finally become an Act.
Another type of legislation is called secondary (or delegated) legislation
which is usually more detailed. The power to make specific pieces of secondary
legislation comes from specific pieces of primary legislation. A piece of
secondary legislation - formally called an Order-in-Council - is not even
debated unless it is particularly controversial and then it cannot be amended
but simply approved or opposed. In practice, the last time Parliament rejected
a piece of secondary legislation was in 1979.
In
recent years, the number of Bills passed by Parliament has remained broadly
constant at around 50 a year. However, these Bills have become longer and, in
the past few years, about 3,000 pages of primary legislation, as well as around
13,000 pages of secondary legislation, have been processed by Parliament. The
reality, therefore, is that Parliament provides increasingly less scrutiny of a
lot of legislation. This situation could become even worse as Parliament
attempts to deal with all the legislation needed to take the UK out of the
European Union (Brexit).
POLITICAL
PARTIES
The
idea of political parties first took form in Britain and the Conservative Party
claims to be the oldest political party in the world. Political parties began
to form during the English civil wars of the 1640s and 1650s. First, there were
Royalists and Parliamentarians; then Tories and Whigs. Whereas the Whigs wanted
to curtail the power of the monarch, the Tories - today the Conservatives -
were seen as the patriotic party.
Today
there are four major political parties in the British parliamentary system:
·
The Conservative Party (frequently
called the Tories) - the centre-Right party, currently led by Theresa May,
which since 2010 has been in Government either in coalition (2010-2015) or
alone (since 2015)
·
The Labour Party - the centre-Left
party, led by Jeremy Corbyn, which was last in Government from 1997 to 2010
·
The Scottish National Party - the
party supporting Scottish independence, which is led by Nicola Sturgeon
·
The Liberal Democrat Party (known as
the Lib Dems) - the centrist, libertarian party, led by Vince Cable, which was
the junior member of the Coalition Government of 2010-2015
In recent years, Britain has seen the rise of the UK
Independence Party (UKIP) led by Nigel Farage until May 2015, which was formed
in 1993 but achieved some spectacular performances in local and European
elections in May 2014. In the general election of May 2015, it won 12.6% of the
vote but, in the general election of June 2017, its vote collapsed to a mere
1.8%.
In
addition to these five parties, there are some much smaller UK parties (notably
the Green Party) and some parties which operate specifically in Wales (Plaid
Cymru) or Northern Ireland (such as the Democratic Unionist Party for the
loyalist sand Sinn Fein for the nationalists).
Each
political party chooses its leader in a different way, but all involve all the
Members of Parliament of the party and all the individual members of that
party. By convention, the leader of the political party with the largest number
of members in the House of Commons becomes the Prime Minster (formally at the
invitation of the Queen).
Political
parties are an all-important feature of the British political system because:
·
The three main UK political parties
in the UK have existed for a century or more and have a strong and stable
'brand image'.
·
It is virtually impossible for
someone to be elected to the House of Commons without being a member of an
established political party.
·
All political parties strongly
'whip' their elected members which means that, on the vast majority of issues,
Members of Parliament of the same party vote as a 'block'.
Having said this, at least until the 2017 general election,
the influence of the three main UK political parties was not as dominant as it
was in the 1940s and 1950s because:
·
The three parties have smaller
memberships than they did, since voters are much less inclined to join a
political party.
·
The three parties secure a lower
overall percentage of the total vote, since smaller parties between them now
take a growing share of the vote.
·
Voters are much less 'tribal', not
supporting the same party at every election, and much more likely to 'float',
voting for different parties at successive elections.
·
The ideological differences between
the parties are less than they were, with the parties adopting more 'pragmatic'
positions on many issues.
For decades, therefore, the combined share of the vote taken
by Conservatives and Labour diminished as the two-party model fractured. The
last election dramatically reversed this trend as the two parties took 82.4% of
the votes. The Liberal Democrats, the Greens and especially the UK Independence
Party all did badly and now only have a mere 13 seats between them.
In
the past, class was a major determinant of voting intention in British
politics, with most working class electors voting Labour and most middle class
electors voting Conservative. These days, class is much less important because:
·
Working class numbers have shrunk
and now represent only 43% of the electorate.
·
Except at the extremes of wealth,
lifestyles are more similar.
·
Class does not determine voting
intention so much as values, trust, competence and (in Scotland) nationalism).
In
the British political system, there is a broad consensus between the major
parties on:
·
the rule of law
·
the free market economy
·
the National Health Service (NHS)
·
membership of NATO and possession of
a nuclear deterrent
The main differences between the political parties concern:
·
how to tackle poverty and inequality
·
the levels and forms of taxation
·
the extent of state intervention in
the economy
·
the balance between collective
rights and individual rights
·
the terms of the UK's departure from
the European Union
Government
Departments
The
most important political departments are called:
·
The Treasury - In most countries,
this would be called the Ministry of Finance. It is responsible
for the raising of all taxes and the control of all
government expenditure plus the general management of the economy. The head of
the Treasury is called the Chancellor of the Exchequer and is currently Philip
Hammond.
·
The Home Office - In most countries,
this would be called the Ministry of the Interior. It is responsible for
criminal matters, policing, and immigration. The Head of the Home Office is
called the Home Secretary and is currently Amber Rudd.
·
The Foreign and Commonwealth Office
- In most countries, this would be called the Ministry of Foreign Affairs. It
is responsible for all international relationships, especially membership of
the European Union. The head of the Foreign Office is called the Foreign
Secretary and is currently Boris Johnson.
Many
other UK Government Departments are similar to those in other countries and
cover subjects such as education, health, transport, industry, and justice.
However, there are also small departments for Scotland, Wales and Northern
Ireland.
When
talking about the British Government, the media will often use the term
Whitehall because a number of Government Departments are located along a
central London street very close to Parliament called Whitehall.
DEVOLVED
GOVERNMENT
The
UK has a devolved system of government, but this is categorically not a system
of federal government such as in the United States or Australia, partly
because less than a fifth of the citizens of the UK are covered the three
bodies in question and partly because the three bodies themselves have
different powers from one another.
The
three devolved administrations are:
The Scottish Parliament
This
came into operation in May 1999 and covers the 5Million citizens of Scotland.
It has 129 members elected by a system of proportional representation known as
the mixed member system. As a result, 73 members represent individual
geographical constituencies elected by the 'first past the post' (FPTP) system,
with a further 56 members returned from eight additional member regions, each
electing seven members. All members are elected for four-year terms. The
Scottish Parliament meets in Holyrood, Edinburgh. It has legislative powers
over those matters not reserved to the UK Parliament and it has limited
tax-raising powers. In the election of May 2011, for the first time a single
political party gained an overall majority of the seats in the Scottish
Parliament. That party was the Scottish National Party and its victory enabled
it to require the UK Government to permit the holding of a referendum on
Scottish independence. The referendum was held on 18 September 2014 and, on an
astonishing turnout of 85%, the 'no' vote won a decisive victory by 55% to 45%.
However, in the final week of the two-year referendum campaign, the three major
parties in the UK Parliament agreed that, if the Scots voted 'no', there would
be an early transfer of substantial extra powers to the Scottish Parliament.
This is now the subject of fierce political debate because of the implications
for the other nations in the UK and for the UK Parliament itself.
The
Welsh Assembly
This
came into operation in May 1999 and covers the 3Million citizens of Wales. It
has 60 members elected by a system of proportional representation known as the
mixed member system. As a result, 40 members represent individual geographical
constituencies elected by the 'first past the post' (FPTP) system, with a
further 20 members returned from five additional member regions, each electing
four members. All members are elected for four-year terms. When first created,
the Assembly had no powers to initiate primary legislation. However, since
2006, the Assembly has powers to legislate in some areas, though still subject
to the veto of the Westminster Parliament. The Assembly has no tax-varying
powers. The Welsh Assembly, therefore, has less power than either the Scottish
Parliament or the Northern Ireland Assembly because unlike Scotland and
Northern Ireland Wales does not have a separate legal system from England.
The
Northern Ireland Assembly
The
present version of the Assembly came into operation in May 2007 and covers the
1.5Million citizens of Northern Ireland. It has 108 members, six from each of
the 18 Westminster constituencies elected by a system of proportional
representation known as the single transferable vote (STV). It meets in the
Parliament Building, Belfast. It has legislative powers over those matters not
reserved to the UK Parliament, but it has no tax-raising powers. A First Minister and a Deputy First Minister are
elected to lead the Executive Committee of Ministers. As a result of the
sectarian division in Northern Ireland, the two must stand for election jointly
and to be elected they must have cross-community support by the parallel
consent formula, which means that a majority of both the Members who have
designated themselves Nationalists and those who have designated themselves
Unionists and a majority of the whole Assembly, must vote in favour. The First
Minister and Deputy First Minister head the Executive Committee of Ministers and,
acting jointly, determine the total number of Ministers in the Executive.
AMERICAN
POLITICAL SYSTEM
The
United States is by size of electorate the second largest democracy on the
universe or globe while India is the second largest and Indonesia comes third.
America is the most powerful nation on earth, politically, economically and
militarily, but its political system is in many important respected, unlike any
other in the world. To understand any country's political system, it is helpful to
know something of the history of the nation and the background to the creation
of the (latest) constitution. But this is a fundamental necessity in the case
of the American political system. This is because the Constitution of the
United States is so different from those of other nations and because that
Constitution is, in all material respects, the same document as it was over two
centuries ago.
There
were four main factors in the minds of the 'founding fathers' who drafted the
US Constitution:
- The United States had just
fought and won a bloody War of Independence from Britain and it was
determined to create a political system that was totally different from
the British system in which considerable authority still resided in a
hereditary King (George III at the time) or Queen and in which Parliament
was increasingly assertive in the exercise of its growing powers.
Therefore the new constitution deliberately spread power between the three
arms of government - executive, legislature and judiciary - and ensured
that each arm was able to limit the exercise of power by the other arms.
- The United States was already a
large country with problems of communications and a population of varied
background and education. Therefore, for all the intentions to be a new
democracy, it was seen as important to limit the influence of swings in
public opinion. So the election of the president was placed in the hands
of an Electoral College, rather than the subject of direct election, and
the terms of office of the president and the two chambers of the
legislature were all set at different lengths.
- The United States was the
creation of 13 individual states, each of which valued its traditions and
powers, and so the overarching federal government was deliberately limited
in its powers compared to the position of the central government in other
nations. Arguably the later Civil War was about states' rights more than
it was about slavery and there is still a real tension today between the
states and federal government.
- The original 13 states of the
USA were of very different size in terms of population and from the
beginning there was a determination by the smaller states that political
power should not be excessively in the hands of the larger states.
Therefore the Constitution is built on a 'Great Compromise' between the
Virginia plan (representation by population) and the New Jersey plan
(equal representation for all states) which resulted in the House of
Representatives being constructed on the basis of population and the
Senate being composed of an equal number of representatives regardless of
population. This is why today six states have only one member in the House
of Representatives but two members in the Senate.
Whatever the
'founding fathers' intended, the sheer longevity of the Constitution and the
profound changes in America since its drafting means that today the balance of
power is not necessarily what the drafters of the Constitution had in mind. So
originally the legislature was seen as the most powerful arm of government (it
is described first in the Constitution) but, over time, both the Presidency
(starting with the time of Abraham Lincoln and the Civil War) and the Supreme
Court (especially on social issues like desegregation, marriage and abortion)
have assumed more power.
THE
CONSTITUTION
The American political system is clearly
defined by basic documents. The Declaration of Independence of 1776 and the
Constitution of 1789 form the foundations of the United States federal
government. The Declaration of Independence establishes the United States as an
independent political entity, while the Constitution creates the basic
structure of the federal government. Both documents are on display in the
National Archives and Records Administration Building in Washington, D.C. which
I have visited several times. Further information on the thinking expressed in
the Constitution can be found in the Federalist Papers which are a series of 85
articles and essays published in 1787-1788 promoting the ratification of the
Constitution.
The
United States Constitution is both the longest-lasting in the world, being over
two centuries old, and the shortest in the world, having just seven articles
and 27 amendments. As well as its age and brevity, the US Constitution is
notable for being a remarkably stable document. The first 10 amendments were
all carried in 1789 - the same year as the original constitution - and are
collectively known as the Bill of Rights. If one accepts that these first 10
amendments were in effect part of the original constitutional settlement, there
have only been 17 amendments in over 200 years (the last substantive one -
reduction of the voting age to 18 - in 1971).
One
of the major reasons for this relative immutability is that - quite
deliberately on the part of its drafters - the Constitution is a very difficult
instrument to change. First, a proposed amendment has to secure a two-thirds
vote of members present in both houses of Congress. Then three-quarters of the
state legislatures have to ratifiy the proposed change (this stage may or may
not be governed by a specific time limit).
As
an indication of how challenging this process is, consider the case of the
Equal Rights Amendment (ERA). This was first written in 1920, shortly after
women were given the vote in the USA. The proposed amendment was introduced in
Congress unsuccessfully in every legislative year from 1923 until it was
finally passed in 1972. It was then sent to each state for ratification but, by
1982, it was still three states short of the minimum of the 38 needed to add it
to the constitution. Various attempts since 1982 to revive the amendment have
all failed.
At
the heart of the US Constitution is the principle known as 'separation of powers', a term coined
by the French political, enlightenment thinker Montesquieu. This means that
power is spread between three institutions of the state - the executive
(President & Cabinet), the legislature (House of Representatives &
Senate) and the judiciary (Supreme Court & federal circuits) - and no one
institution has too much power and no individual can be a member of more than
one institution.
This
principle is also known as 'checks
and balances', since each of the three branches of the state has some
authority to act on its own, some authority to regulate the other two branches,
and has some of its own authority, in turn, regulated by the other branches.
THE
PRESIDENCY
The
President is the head of the executive branch of the federal government of the
United State, the position has always been held by a man. He is both the head
of state and the head of government, as well as the military commander-in-chief
and chief diplomat.
The
President presides over the executive branch of the government, a vast
organization numbering about four million people, including one million active-duty
military personnel. The Hatch Act of 1939 forbids anyone in the executive
branch - except the President or Vice-President - from using his or her
official position to engage in political activity.
Eligibility
to become a President of USA
To
be President, one has to:
- be a natural-born citizen of
the United States
- be at least 35 years old
- have lived in the US for at
least 14 years
Election of a President
The
President is elected for a fixed term of four years and may serve a maximum of
two terms. Originally there was no constitutional limit on the number of terms
that a President could serve in office and the first President George
Washington set the precedent of serving simply two terms. Following the
election of Franklin D Roosevelt to a record four terms, it was decided to
limit terms to two and the relevant constitutional change - the 22nd Amendment
- was enacted in 1951. Elections are always held on the first Tuesday after the
first Monday in November to coincide with Congressional elections. So the last
election was held on 8 November 2016 and the next election will be held on 3
November 2020.
The
President is not elected directly by the voters but by an Electoral College
representing each state on the basis of a combination of the number of members
in the Senate (two for each state regardless of size) and the number of members
in the House of Representatives (roughly proportional to population). The
states with the largest number of votes are California (55), Texas (38) and New
York (29). The states with the smallest number of votes - there are seven of
them - have only three votes. The District of Columbia, which has no voting
representation in Congress, has three Electoral College votes. In effect,
therefore, the Presidential election is not one election but 51.
The
total Electoral College vote is 538. This means that, to become President, a
candidate has to win at least 270 electoral votes. The voting system awards the
Electoral College votes from each state to delegates committed to vote for a
certain candidate in a "winner take all" system, with the exception
of Maine and Nebraska (which award their Electoral College votes according to
Congressional Districts rather than for the state as a whole). In practice,
most states are firmly Democrat - for instance, California and New York - or
firmly Republican - for instance, Texas and Tennessee. Therefore, candidates
concentrate their appearances and resources on the so-called "battleground
states", those that might go to either party. The three largest
battleground or swing states are Florida (29 votes), Pennsylvania (20) and Ohio
(18). Others include North Carolina (15), Virginia (13), Wisconsin (10),
Colorado (9), Iowa (6) and Nevada (6).
The
powers of the President
1. Within the executive branch, the President has broad
constitutional powers to manage national affairs and the workings of the
federal government.
- The President may issue
executive orders to affect internal policies. The use of executive orders
has varied enormously between presidents and is often a controversial
matter since, in effect; it is bypassing the Congress to achieve what
would otherwise require legislation. Very few such orders were issued
until the time of Abraham Lincoln (the Emancipation Declaration was such
an order); use of executive orders was considerable and peaked during the
terms of the seven presidents from Theodore Roosevelt to Franklin D
Roosevelt (1901-1945); but, since the Second World War, use has been more
modest with Democrats tending to issue them a bit more than Republicans.
Barack Obama has made very sparing use of this power, notably to reform
immigration law and to tighten gun controls. Executive orders can be
overturned by a succeeding President.
- The President has the power to
recommend measures to Congress and may sign or veto legislation passed by
Congress. The Congress may override a presidential veto but only by a
two-thirds majority in each house.
4. The President has the authority to appoint Cabinet members,
Supreme Court justices. Federal judges, and ambassadors but only with the
'advice and consent' of the Senate which can be problematic especially when the
Senate is controlled by a different political party to that of the President.
- The President has the power to
pardon criminals convicted of offences against the federal government and
most controversially President Gerald Ford used this power to pardon his
predecessor Richard Nixon.
- The President has the power to
make treaties with the 'advice and consent' of the Senate.
- The President can declare war
for 60 days but then has to have the approval of Congress (although it can
be difficult to withdraw troops once they have been committed).
Besides
the formal powers of the President, there are informal means of exercising
influence. Most notably, Teddy Roosvelt introduced the notion of 'the bully
pulpit': the ability of the President to use his standing to influence public
opinion. Over time, the changing nature of media - newspapers, radio,
television, the Internet, social media - has presented a variety of instruments
for the White House to use to 'push' Congress or other political players or
indeed communicate directly with the electorate. Currently Donald Trump uses
his personal Twitter account to issue several messages a day to (as at summer
2017) some 32.4 million
The
House of Representatives is the lower chamber in the bicameral legislature
known collectively as Congress. The founders of the United States intended the
House to be the politically dominant entity in the federal system and, in the
late 18th and early 19th centuries, the House served as the primary forum for
political debate. However, subsequently the Senate has been the dominant body.
Eligibility
to become a member of the House
To
be a member of the House, one has to:
- be at least 25 years old
- have been a US citizen for at
least seven years
- live in the state which one
represents (but not the actual district
How to choose
a member of the House
The
House consists of 435 members (set in 1911), each of whom represents a
congressional district and serves for a two-year term. House seats are
apportioned among the states by population according to each decennial (every
10 years) census, but every state must have at least one member and in fact
seven states have only one Representative each (Alaska, Delaware, Montana,
North Dakota, South Dakota, Vermont and Wyoming). Typically a House
constituency would represent around 700,000 people.
Once
House seats are reapportioned to the states, it is state legislatures that must
redraw the physical boundaries of Congressional districts. Although the states
are bound by limits established by Congress and the Supreme Court, there is
scope for gerry-mandering to ensure electoral advantage for the dominant
political party in the state. Such reapportionment of members of the House
takes effect three years after the decennial census so, as the next census will
take place in 2020, reapportionment will take effect for the 118th Congress
(2023-2025).
Members
of the House are elected by first-past-the-post voting in every state except
Louisiana and Washington, which have run-offs if no candidate secures more than
50% of the vote. Elections are always held on the first Tuesday after the first
Monday in November in even numbered years. Voting in congressional elections -
especially to the House - is generally much lower than levels in other liberal
democracies. In a year when there is a Presidential election, turnout is
typically around 50%; in years when there is no Presidential election (known as
mid-terms), it usually falls to around one third of the electorate.
In
the event that a member of the House of Representatives dies or resigns before
the end of the two-year term, a special election is held to fill the vacancy.
The
House has five non-voting delegates from the District of Columbia (1971), Guam
(1972) the Virgin Islands (1976), American Samoa (1981) and the Northern
Mariana Islands (2008) and one resident commissioner for Puerto Rico (1976),
bringing the total formal membership to 441. Non-voting delegates are not
allowed floor votes, but can vote in any committees to which they are assigned.
The
powers of the House
- The House of Representatives is
one of the two chambers that can initiate and pass legislation, although
to become law any legislation has to be approved by the Senate as well.
- Each chamber of Congress has
particular exclusive powers. The House must introduce any bills for the
purpose of raising revenue.
- If the Electoral College is
tied, the choice of President is made by the House of Representatives.
- The House has a key role in any
impeachment proceedings against the President or Vice-President. It lays
the charges which are then passed to the Senate for a trial.
- The House (and the Senate) have
the power to declare war - although the last time this happened was in
1941.
The
Senate is the upper chamber in the bicameral legislature known collectively as
Congress. The original intention of the authors of the US Constitution was that
the Senate should be a regulatory group, less politically dominant than the
House. However, since the mid 19th century, the Senate has been the dominant
chamber and indeed today it is perhaps the most powerful upper house of any
legislative body in the world.
Eligibility to become a member of the Senate
To be a member of the Senate, one has to:
- be at least 30 years old
- have been a US citizen for at
least nine years
- live in the state which one
represents
How
a member of the Senate chosen
The
Senate consists of 100 members, each of whom represents a state and serves for
a six-year term (one third of the Senate stands for election every two years). Each
state has two Senators, regardless of population, and, since there are 50
states, then there are 100 senators. This equality of Senate seats between
states has the effect of producing huge variations in constituency population
(the two senators from Wyoming represent less than half a million electors,
while the two senators from California represent 34M people) with gross over-representation
of the smaller states and serious under-representation of racial and ethnic
minorities.
For
a long time, Senators were elected by the individual state legislatures.
However, since the 17th Amendment to the Constitution in 1913, members of the
Senate are elected by first-past-the-post voting in every state except
Louisiana and Washington, which have run-offs. Elections are always held on the
first Tuesday after the first Monday in November in even numbered years.
Each
Senator is known as the senior or junior Senator for his or her state, based on
length of service.
In
the event that a member of the Senate dies or resigns before the end of the
six-year term, a special election is not normally held at that time (this is
the case for 46 states). Instead the Governor of the state that the Senator
represented nominates someone to serve until the next set of Congressional
elections when the special election is held to fill the vacancy.
The powers of the Senate
- The Senate is one of the two
chambers that can initiate and pass legislation, although to become law
any legislation has to be approved by the House of Representatives as
well.
- Each chamber of Congress has
particular exclusive powers. The Senate must give 'advice and consent' to
many important Presidential appointments including Cabinet members,
Supreme Court justices. federal judges, and ambassadors.
- The Senate has the
responsibility of ratifying treaties.
- If the Electoral College is
tied, the choice of Vice-President is made by the Senate.
- The Senate has a key role in
any impeachment proceedings against the President or Vice-President. Once
the House of Representatives has laid the charges, the Senate then
conducts a trial on these charges. The Supreme Court Chief Justice
presides over such a trial. A two-thirds majority of the Senate is
required to uphold impeachment charges.
- The Senate (and the House) have
the power to declare war - although the last time this happened was in
1941.
The Supreme Court
The
Supreme Court is the highest court in the land. Originally it had five members
but over time this number has increased. Since 1869, it has consisted of nine
Justices: the Chief Justice of the United States and eight Associate Justices.
They have equal weight when voting on a case and the Chief Justice has no
casting vote or power to instruct colleagues. Decisions are made by a simple
majority. Below the Supreme Court, there is a system of Courts of Appeal, and,
below these courts, there are District Courts. Together, these three levels of
courts represent the federal judicial system.
The
eligibility to become a member of the Court
The
Constitution does not specify qualifications for Justices such as age,
education, profession, or native-born citizenship. A Justice does not have to
be a lawyer or a law school graduate, but all Justices have been trained in the
law. Many of the 18th and 19th century Justices studied law under a mentor
because there were few law schools in the country. The last Justice to be
appointed who did not attend any law school was James F. Byrnes (1941-1942). He
did not graduate from high school and taught himself law, passing the bar at
the age of 23. All Supreme Court judges are appointed for life.
How
a member of the Court are chosen
The
Justices are nominated by the President and confirmed with the 'advice and
consent' of the Senate. As federal judges, the Justices serve during "good
behavior", meaning essentially that they serve for life and can be removed
only by resignation or by impeachment and subsequent conviction. Since the
Supreme Court makes so many 'political' decisions and its members are appointed
so rarely, the appointment of Justices by the President is often a very charged
and controversial matter; since Justices serve for life and therefore usually
beyond the term of office of the appointing President, such appointment are
often regarded as an important part of any particular President's legacy.
The
powers of the Court
The
Supreme Court is the highest court in the United States. The court deals with
matters pertaining to the federal government, disputes between states, and
interpretation of the Constitution.
It
can declare legislation or executive action made at any level of the government
as unconstitutional, nullifying the law and creating precedent for future law
and decisions.
However,
the Supreme Court can only rule on a lower court decision so it cannot take the
initiative to consider a matter.
POLITICAL
PARTIES & ELECTIONS
The American political system is dominated by
two political parties: the Democratic Party and the Republican Party (often
known as the 'Grand Old Party' or GOP). These are very old and very stable
parties - the Democrats go back to 1824 and the Republicans were founded in
1854.
In
illustrations and promotional material, the Democratic Party is often
represented as a donkey, while the Republican Party is featured as an elephant.
The origin of these symbols is the political cartoonist Thomas Nast who came up
with them in 1870 and 1874 respectively.
The
main reason for the dominance of these two parties is that - like most other
Anglo-Saxon countries (notably Britain) - the electoral system is 'first past
the post' or simple majority which, combined with the large voter size of the
constituencies in the House and (even more) the Senate, ensures that
effectively only two parties can play. The other key factor is the huge
influence of money in the American electoral system. Since effectively a
candidate can spend any amount he can raise (not allowed in many other
countries) and since one can buy broadcasting time (again not allowed in many
countries), the US can only 'afford' two parties or, to put it another way,
candidates of any other party face a formidable financial barrier to entry.
Some
people tend to view the division between the Democratic Party and the
Republican Party in the United States as the same as that between Labour and
Conservative in Britain or between Social Democrats and Christian Democrats in
Germany. The comparison is valid in the sense that, in each country, one
political party is characterised as Centre-Left and the other as Centre-Right
or, to put it another way, one party is more economically interventionist and
socially radical than the other. However, the analogy has many weaknesses.
- The Centre in American politics
is considerably to the Right of the Centre in most European states
including Britain, Germany, France, Italy and (even more especially) the
Scandinavian countries. So, for instance, most members of the Conservative
Party in the UK would support a national health service, whereas many
members of the Democratic Party in the US would not.
- As a consequence of the
enormous geographical size of the United States and the different histories
of the different states (exemplified by the Civil War), geography is a
factor in ideological positioning to a much greater extent than in other
democratic countries. For instance, a Northern Republican could be more
liberal than a Southern Democrat. Conversely there is a group of
Democratic Congressmen that are fiscally very conservative - they are
known as "blue dog" Democrats or even DINO (Democrats in Name
Only).
- In the United States, divisions
over social matters - such as abortion, capital punishment, same-sex
relationships and stem cell research - matter and follow party lines in a
way which is not true of most European countries. In Britain, for
instance, these sort of issues would be regarded as matters of personal
conscience and would not feature prominently in election debates between
candidates and parties.
- In the USA, religion is a
factor in politics in a way unique in western democracies. Candidates
openly proclaim their faith in a manner which would be regarded as bizarre
elsewhere (even in a Catholic country like France) and religious groupings
- such as the Christian Coalition of America - exert a significant
political influence in a manner which would be regarded as improper in
most European countries (Poland is an exception here).
- In the United States, the
'whipping system' - that is the instructions to members of the House and
the Senate on how to vote - is not as strict or effective as it is in most
European countries. As a consequence, members of Congress are less
constrained by party affiliation and freer to act individually.
- In the USA, political parties
are much weaker institutions than they are in other democracies. Between
the selections of candidates, they are less active than their counterparts
in other countries and, during elections; they are less influential in
campaigning, with individual politicians and their campaigns having much
more influence.
- The cost of elections is much
greater in the US than in other democracies which has the effects of
limiting the range of candidates, increasing the influence of corporate
interests and pressure groups, and enhancing the position of the incumbent
office holder (especially in the winning of primaries). As long ago as
1895, the Chairman of the Republican National Committee Mark Hanna
stated: "There are two things that are important in politics.
The first is money, and I can't remember what the second one is."
- Whereas in other countries,
voters shape the policies and select the candidates of a party by joining
it, in the USA voters register as a supporter of one of the major parties
and then vote in primary elections to determine who should be the party's
candidate in the 'real' election.
- introduced by individual
Members of Parliament (they are called Private Members' Bills).
- Senate rules permit what is
called a filibuster when a senator, or a series of senators, can speak for
as long as they wish and on any topic they choose, unless a supermajority
of three-fifths of the Senate (60 Senators, if all 100 seats are filled)
brings debate to a close by invoking what is called cloture (taken from
the French term for closure). There is no equivalent provision for
preventing filibustering in either House of the British Parliament but
filibustering is rare.
- In both the House of
Representatives and the Senate, the majority party chairs all committees
which have considerable power. In the two chambers of the British
legislature, committee chair persons are allocated between the different
parties, roughly in proportion to the size of the party in the House, and
the committees are much less powerful than in the US Congress.
- In the House of
Representatives, the Speaker - chosen by the members of the largest party
- has considerable power and acts in a highly partisan fashion. In the
House of Commons, the Speaker - chosen by the whole House - only has
procedural responsibilities and acts in a non-partisan manner (usually he
is not opposed in a General Election).
THE JUDICIARY
- In America, the Supreme Court
is an intensely political institution - its members are appointed by the
President on a partisan basis and its decisions are often highly political
and highly controversial. By contrast, in Britain the Supreme Court is not
appointed on a political basis and, like all British courts, avoids making
decisions which it regards as proper to politicians and Parliament.
- In the United States, 39 states
hold at least some competitive elections to choose judges. When the
country was first created, there were no such elections (Mississippi
became the first state to require judicial elections in 1832). In the UK,
no judges are elected. Indeed very few countries worldwide have judicial
elections. Exceptions including Japan and Switzerland.
POLITICAL
PARTIES
- In the USA, the Republicans are
the Right of Centre party and the Democrats are the Left of Centre party.
In the UK, the Conservatives are the Right of Centre party and Labour is
the Left of Centre party. However, the 'centre' in American political is
markedly to the Right of the 'centre' in British or most of European
politics. This means that the policies espoused by Tea Party candidates
would not be supported by any political party in Britain, while the
policies supported by an American politician like Bernie Sanders, the
Independent senator from Vermont, would be mainstream in the British
Labour Party.
- In the USA, there is no centre
party in this sense of one positioned politically between the Republicans
and the Democrats. In Britain, there is a Liberal Democrat Party which
ideologically sees itself as between Conservative and Labour.
- In the USA, there are only two
parties represented in Congress and both are federal parties; there is no
political party that only seeks votes in one state or a selection of
states. In the UK, as well as political parties that seek votes throughout
the entire country, there are nationalist political parties that field
candidates only in Scotland, Wales and Northern Ireland respectively.
- In the United States, the
Democratic and Republican Parties absolutely dominate federal and state elections
with independents securing only small proportions of the vote. In the
United Kingdom, the two main political parties - Conservative and Labour -
win a smaller and declining share of the total vote, with a growing share
being taken by the likes of the Liberal Democrat Party and the UK
Independence Party at national level and by the likes of the Scottish and
Welsh Nationalist Parties at the devolved level.
- In American politics, the two
main political parties are loose coalitions with individual candidates or
Congressmen adopting varying positions on many issues (although, in recent
years, the Tea Party movement has forced Republican politicians to
proclaim more consistently conservative positions). In British politics,
all political parties have much tighter rein on the policies promoted by
candidates and the voting by elected representatives. (In the House of
Commons, each week a 'whip' is issued which sets out how the Member of
Parliament should vote on each major issue before the legislature that
week).
- The major parties in the USA
have a large-scale congress every four years to choose their candidate for
the forthcoming presidential election and ostensibly determine the policy
platform of that candidate. All the political parties in the UK hold
annual conferences where they debate the policy positions to be adopted by
the party, but these conferences do not choose the party leader (which is
done through a separate and broader process varying from party to party).
- In illustrations and
promotional material, the Democratic Party is often represented as a
donkey, while the Republican Party is featured as an elephant - symbols
that date back to the 1870s. British political parties regularly change
their symbols and very few electors have any idea what they are.
- In the USA, the term of a
President, Senator or Congressman is known precisely as four years, six
years and two years respectively and the dates of the elections are fixed.
In the UK, the term of members of the House of Commons - and therefore of
the Government - is legally a maximum of five years but traditionally a
Prime Minister could call a general election whenever he or she wished and
it has been considered 'cowardly' to wait the full five years and so the
election has been more typically after around four years. However, the
current Coalition Government has enacted legislation to provide for a
fixed five-year term except for special circumstances.
- Candidates for the Presidency,
the Senate and the House of Representatives - plus a host of other
positions below federal level - in the US political system are chosen by a
system of primaries in which (usually) all registered Democratic and
Republican voters participate in the choice of the candidate for 'their'
party in the main election. Britain does not have a system of primaries
and the selection of candidates is normally confined to actual members of
the relevant political party in the constituency in question.
- The filling of vacancies varies
between and within the two political systems. The US Constitution states
that special elections will be held to fill vacant Senate seats, but that
state legislatures may empower the governor of the state to fill the seat
by an appointment between the time that it becomes vacant and the time
that the winner of the special election is certified. Most states allow
the governors to pick the replacement who serves until the next general
election when the voters decide who will serve the remainder of the term.
Several states, however, require that a special election be held with the
governor certifying the winner as the Senate member. By contrast, the
Constitution requires that governors call special elections to fill a
vacancy in the House of Representatives. They are usually held within three-six
months of a vacancy because the entire election process must be followed:
nominating conventions or primary elections plus a general election. In
the UK, vacancies in the House of Commons are filled by a by-election in
the relevant constituency which is usually held within three or four
months. Since members of the House of Lords were not elected in the first
place, there is no by-election when a peer resigns or dies.
- The American general election
effectively lasts almost two years, starting with the declaration of
candidates for the primaries. The British general election lasts around
four weeks.
- American elections depend on
vast sums to purchase broadcasting time. Parties and candidates in British
elections cannot buy broadcasting time.
- As a consequence of the Supreme
Court decision in the Citizens United case, effectively
there are no limitations on expenditure in American political elections.
There are statutory limitations on expenditure for all elections in the
UK.
- In the States, almost 40 million
television viewers watched the Convention speeches of Barack Obama and
Sarah Palin in 2008. No party conference speech in Britain would attract
more than a few million.
- American presidential
candidates have been taking part in televised debates since 1960. British
political leaders only agreed to televised debates for the first time in
the General Election of 2010.
- The first televised debate
between Barack Obama and Mitt Romney in 2012 attracted almost 70 million
viewers. Even allowing for the difference in population, the televised
debates between the British party leaders do not attract the same level of
interest.
- In an American presidential
election, turnout is typically around 50% (although in the 2008 election
it was over 60%) and, in the case of mid-term Congressional elections,
turnout typically falls to around 40%. In the UK, turnout in General
Elections used to be around 75% but more recently has fallen to around
60%.
- In the USA, blue signifies
states held by the Democratic Party, the more left-wing. In the UK, blue
identifies the Conservative Party, the more right-wing.
- In the USA, red signifies
states held by the Republican Party, the more right-wing. In the UK, red
identifies the Labour Party, the more left-wing.
- In an American general election,
the states that might go to one party or the other are known as 'purple
states' or 'swing states' or simply 'competitive'. In a British general
election, constituencies that might go to one party or another are called
'marginal constituencies' (where three parties are each in contention -
which is not unknown - it is called 'a three-way marginal').
- American elections are often so
raw and vitriolic that candidates make spurious claims about themselves or
their opponents that need to be analysed for the truth and whole web sites
are devoted to fact checking. While British politicians are certainly not
beyond exaggeration or obfuscation, they are rarely guilty of the blatant
truth-twisting that one sadly sees in the US.
- In America, the term
'conservative' means really right-wing, especially on social issues. In
Britain the name 'Conservative' means mainstream right-wing, especially on
economic issues.
- In America, the term 'liberal'
generally means quite left-wing. In Britain, the name 'Liberal' means
broadly centrist.
- In the States, it is considered
necessary for a politician to emphasize their patriotism. In Britain, it
is assumed that anyone who wants to run for national office cares for his
or her country.
- In the United States, the flag
holds special place in the political heart of the nation, people sing to
it while placing a hand over their heart, and many people would like to
make burning it a criminal offence. In Britain the flag is rarely
prominent at political events.
- In the United States, since
9/11 most politicians wear a pin depicting the stars and stripes. In
Britain, no politician would wear a badge displaying the union jack.
- So many political speeches in
the US include the phrase "my fellow Americans". In British
political terminology, there is simply no equivalent phrase.
- In the States, virtually every
political speech seems to mention God, especially in the final call
"God bless America". In Britain, no politician mentions God and
none would think of inviting Him to show a special preference for his or
her nation state.
- In the US, politicians
frequently refer to their position on social issues like abortion and
homosexuality. A British politician would think it unnecessary and
inappropriate to talk about such issues unless asked.
- In the US, politicians
constantly talk about the problems and the aspirations of the middle
class. In the UK, politicians tend to talk more about the needs of the
working class. They
Modern Nigeria
Spurred by the booming petroleum industry, the Nigerian economy quickly recovered from the effects of civil war and made impressive advances. Nonetheless, inflation and high unemployment remained, and the oil boom led to government corruption and uneven distribution of wealth. Nigeria joined the Organization of Petroleum Exporting Countries in 1971. The prolonged drought that desiccated the Sahel region of Africa in the early 1970s had a profound effect on N Nigeria, resulting in a migration of peoples into the less arid areas and into the cities of the south.
Gowon's regime was overthrown in 1975 by Gen. Murtala Muhammad and a group of officers who pledged a return to civilian rule. In the mid-1970s plans were approved for a new capital to be built at Abuja, a move that drained the national economy. Muhammad was assassinated in an attempted coup one year after taking office and succeeded by Gen. Olusegun Obasanjo. In a crisis brought on by rapidly falling oil revenues, the government restricted public opposition to the regime, controlled union activity and student movements, nationalized land, and increased oil industry regulation. Nigeria sought Western support under Obasanjo while supporting African nationalist movements.
In 1979 elections were held under a new constitution, bringing Alhaji Shehu Shagari to the presidency. Relations with the United States reached a new high in 1979 with a visit by President Jimmy Carter. The government expelled thousands of foreign laborers in 1983, citing social disturbances as the reason. The same year, Shagari was reelected president but overthrown after only a few months in office.
In 1985 a coup led by Maj. Gen. Ibrahim Babangida brought a new regime to power, along with the promise of a return to civilian rule. A new constitution was promulgated in 1990, which set national elections for 1992. Babangida annulled the results of that presidential election, claiming fraud. A new election in 1993 ended in the apparent presidential victory of Moshood Abiola, but Babangida again alleged fraud. Soon unrest led to Babangida's resignation. Ernest Shonekan, a civilian appointed as interim leader, was forced out after three months by Gen. Sani Abacha, a long-time ally of Babangida, who became president and banned all political institutions and labor unions. In 1994, Abiola was arrested and charged with treason.
In 1995, Abacha extended military rule for three more years, while proposing a program for a return to civilian rule after that period; his proposal was rejected by opposition leaders, but five political parties were established in 1996. The Abacha regime drew international condemnation in late 1995 when Ken Saro-Wiwa, a prominent writer, and eight other human-rights activists were executed; the trial was condemned by human-rights groups and led to Nigeria's suspension from the Commonwealth of Nations. Also in 1995, a number of army officers, including former head of state General Obasanjo, were arrested in connection with an alleged coup attempt. In 1996, Kudirat Abiola, an activist on behalf of her imprisoned husband, was murdered.
Abacha died suddenly in June, 1998, and was succeeded by Gen. Abdulsalam Abubakar, who immediately freed Obasanjo and other political prisoners. Riots followed the announcement that Abiola had also died unexpectedly in July, 1998, while in detention. Abubakar then announced an election timetable leading to a return to civilian rule within a year. All former political parties were disbanded and new ones formed. A series of local, state, and federal elections were held between Dec., 1998, and Feb., 1999, culminating in the presidential contest, won by General Obasanjo. The elections were generally deemed fair by international monitors. The People's Democratic party (PDP; the centrist party of General Obasanjo) dominated the elections; the other two leading parties were the Alliance for Democracy (a Yoruba party of the southwest, considered to be progressive), and the All People's party (a conservative party based in the north).
Following Obasanjo's inauguration on May 29, 1999, Nigeria was readmitted to the Commonwealth. The new president said he would combat past and present corruption in the Nigerian government and army and develop the impoverished Niger delta area. Although there was some progress economically, government and political corruption remained a problem. The country also was confronted with renewed ethnic and religious tension. The latter was in part a result of the institution of Islamic law in Nigeria's northern states, and led to violence that has been an ongoing problem since the return of civilian rule. Army lawlessness was a problem as well in some areas. A small success was achieved in Apr., 2002, when Abacha's family agreed to return $1 billion to the government; the government had sought an estimated $4 billion in looted Nigerian assets.
In Mar., 2003, the Ijaw, accusing the Itsekiri, government, and oil companies of economic and political collusion against them, began militia attacks against Itsekiri villages and oil facilities in the Niger delta, leading to a halt in the delta's oil production for several weeks and military intervention by the government. The presidential and earlier legislative elections in Apr., 2003, were won by President Obasanjo and his party, but the results were marred by vote rigging and some violence. The opposition protested the results, and unsuccessfully challenged the presidential election in court. The Ijaw-Itsekiri conflict continued into 2004, but a peace deal was reached in mid-June. The Ijaw backed out of the agreement, however, three weeks later. Christian-Muslim tensions also continued to be a problem in 2004, with violent attacks occurring in Kebbi, Kano, and Plateau states.
Obasanjo's government appeared to move more forcefully against government corruption in early 2005. Several government ministers were fired on corruption charges, and the senate speaker resigned after he was accused of taking bribes. A U.S. investigation targeted Nigeria's vice president the same year, and Obasanjo himself agreed to be investigated by the Nigerian financial crimes commission when he was accused of corruption by Orji Uzor Kalu, the governor of Abia and a target of a corruption investigation. Ijaw militants again threatened Niger delta oil operations in Sept., 2005, and several times in subsequent years, resulting in cuts in Nigeria's oil production as large as 25% at times. Since early 2006 the Niger delta area has seen an increase in kidnappings of foreign oil workers and attacks on oil operations; the resulting government focus on protecting oil facilities allowed criminal gangs to expand their influence in populated areas there. In Oct., 2005, the government reached an agreement to pay off much of its foreign debt at a discount, a process that was completed in Apr., 2006.
The end of 2005 and early 2006 saw increased contention over whether to amend the constitution to permit the president and state governors to run for more than two terms. The idea had been rejected in July, 2005, by a national political reform conference, but senators reviewing the conference's proposals indicated they supported an end to term limits. The change was opposed by Vice President Atiku Abubakar, but other PDP leaders who objected were removed from their party posts. A census—a contentious event because of ethnic and religious divisions in Nigeria—was taken in Mar., 2006, but the head count was marred by a lack of resources and a number of violent clashes, and many Nigerians were believed to have been left uncounted. In May the Nigerian legislature ended consideration of a third presidential term when it became clear that there was insufficient support for amending the constitution. Nigeria agreed in June, 2006, to turn over the Bakassi peninsula to Cameroon after a two-year transition period; the region was finally ceded in Aug., 2008.
In July the vice president denied taking bribes from a U.S. congressman, but in September the president called for the Nigerian senate to remove the vice president from office for fraud, based on an investigation by the Economic and Financial Crimes Commission (EFCC). The senate agreed to investigate the charges, and the PDP suspended the vice president, blocking him from seeking the party's presidential nomination. Abubakar counteraccused Obasanjo of corruption. The EFCC was also investigating most of Nigeria's state governors, but the commission itself was tainted by charges that it was used for political retaliation by Obasanjo and his allies. Several state governors were impeached by legally unsound proceedings, moves that were seen as an attempt by Obasanjo to tighten his control prior to the 2007 presidential election.
When the vice president accepted (Dec., 2006) the presidential nomination of a group of opposition parties, the president accused him of technically resigning and sought to have him removed, an action Abubakar challenged in court; the government backed down the following month, and the courts later sided with Abubakar. In Jan., 2007, the results of the 2006 census were released, and they proved as divisive as previous Nigerian censuses. The census showed that the largely Muslim north had more inhabitants than the south, and many southern political leaders vehemently rejected the results.
In February, the EFCC declared Abubakar and more than 130 other candidates for the April elections unfit due to corruption, and the election commission barred those candidates from running. Abubakar fought the move in court, but the ruling was not overturned until days before the presidential election. The state elections were marred by widespread and blatant vote fraud and intimidation, but the election commission certified nearly all the results, handing gubernatorial victories to the PDP in 27 states. In the presidential election, Umaru Yar'Adua, the relatively unknown governor of Katsina state who was hand-picked by Obasanjo to be the PDP candidate, was declared the winner with 70% of the vote, but fraud and intimidation were so blatant that EU observers called the election a "charade" and the president was forced to admit it was "flawed." Nonetheless, Yar'Adua's inauguration (May) marked the first transition of power between two elected civilian presidents in Nigeria's post-colonial history.
Yar'Adua subsequently moved to reorganize and reform the national petroleum company, but those efforts stalled, as did action to fight government corruption. The federal government did not, however, interfere with challenges in the courts to state elections. In Dec., 2008, challenges in the courts to Yar'Adua's election came to an end when the supreme court ruled that opposition lawyers had not provided sufficient evidence to annul the vote.
In Feb., 2009, KBR, a U.S. company, pleaded guilty in U.S. court to giving $180 million in bribes to Nigerian officials to obtain a contract to build a liquefied natural gas plant. A significant army offensive against Niger delta militants that began in May, 2009, provoked an increased round of attacks against oil facilities, particularly pipelines. At the same time, however, Yar'Adua offered (June) amnesty to militants who lay down their weapons by Oct. 4, and many militants ultimately accepted the amnesty, though some did not. Subsequent slow progress by the government led to increased tensions in 2010. In July, 2009, Boko Haram, an extremist Islamist sect, launched attacks against the government in NE Nigeria after several leaders were arrested; the subsequent fighting was especially fierce in Maiduguri, where the group's headquarters was destroyed and some 700 died. The group began a new series of attacks in Sept., 2010, that continued into subsequent years, with the attacks become more significant beginning in mid-2011.
The president traveled to Saudi Arabia in Nov., 2009, to seek medical treatment. As his stay there prolonged into 2010 many prominent Nigerians called for executive powers to be transferred on an interim basis to the vice president, Goodluck Jonathan, but the president did not initiate the constitutional process necessary for it to happen. In Feb., 2010, the National Assembly unanimously voted to make Jonathan acting president, but the lack of a formal letter from the president notifying the Assembly of his absence raised constitutional issues. Jonathan remained acting president after Yar'Adua returned later in the month, and succeeded him as president when Yar'Adua died in May.
Jonathan's subsequent decision to run for a presidential term in his own right threatened to split the PDP, which had alternated fielding northern and southern presidential candidates. In Dec., 2010, however, he won the support of most of the state governors who were members of the PDP, and the following month the PDP nominated him for the presidency. In Sept., 2010, one faction of Niger delta militants announced an end to their cease-fire, and the group subsequently set off car bombs in Abuja during an Independence Day parade on October 1.
The Apr., 2011, elections were won by Jonathan and the PDP. Jonathan won 57% of the vote, but overwhelmingly majorities in a number of southern states led to charges of vote rigging. The opposition candidates challenged the results, and in some northern states, where support for the opposition was strong, there were riots after the results were announced. International observers, however, generally described the presidential election as the country's freest and fairest in many years. In the National Assembly elections, the PDP won with a reduced majority in both houses, and it also lost control of a number of governorships in the subsequent gubernatorial elections.
By the first half of 2012 the increasingly violent, ongoing insurgency by the Islamic militant group Boko Haram was stoking sectarian tensions and worsening the economic situation in the already economically stagnant N Nigeria; the situation had also led to significantly larger government expenditures on security, diverting money from other needs. In May, 2013, after increasing Islamist-related violence, Nigeria imposed martial law in three northern states and launched an offensive against Islamist militants, but in many cases the militants fled without confronting the army, and subsequently they launched a number of murderous attacks as clashes increased later in the year. In August tensions in the PDP led to a split in the party, and several governors and a number of legislators left to form the New PDP; later in the year, most of them joined the All Progressives Congress (APC), an opposition group formed by the merger of several parties earlier in 2013.
Bill and how it
become an Act
Every Act begins as a Bill. A Bill is a proposed law which contains amendments to legislation as suggested from the following sources:
- Government Departments (generally release draft legislation or discussion papers which form the basis of a Government Bill)
- Parliamentary Committee Reports (generally issue Committee Reports which are then tabled in Parliament)
- Community groups, lobbyist or business suggestions to change the law (generally write submissions responding to consultation papers)
- Private members' Bills (generally originates when a particular member of Parliament introduces a Bill based on personal or party beliefs)
The Bill is introduced in the house where the Minister sits (usually House of Representatives for Commonwealth and Legislative Assembly for the States but Bills can be introduced in the upper houses):
- First Reading - Bill is introduced, made available
- Second Reading - Bill is debated in principle and voted on, and can be disallowed - This is generally referred to as a "Failed Bill"
- Committee Stage - Bill is examined in detail and discussed in the house clause by clause
- Third Reading - final debate and vote
The Bills to be discussed are listed on the Parliamentary Notice Paper, where it is generally indicated whether the Bills are:
- Government Bills - usually of general public interest and introduced by the Government, the majority of Bills are Government Bills and there are no time limits except prorogation of Parliament when dealing with Government Bills
- Private Members' Bills - usually apply to a very specific locality or interest of the private member of Parliament, these Bills form the minority of Bills passed by Parliament and have strict time limits for when they lapse
- Cognate Bills - are Bills of related content which should be considered simultaneously throughout their process through the upper or lower house
If the Bill is passed, it proceeds to the other house (usually the Senate for Cth and Legislative Council for the States) and undergoes the same process as the lower house.
If the:
- Bill is passed, it is sent to the Governor-General for assent as an Act
- Bill is passed with changes, it is sent back to other House for debate and a new vote on the changes
- Bill is rejected, it is returned to the other House, may be resubmitted or discarded as a failed Bill
When a Parliament is prorogued, as in the case of a general election being called for, thereby making all Bills currently in session are thereby dropped from the Notice Paper. At Time Base, we refer to this as the Bills being "Not in Current Session".
The most important documents when researching the history of a Bill are:
- The Bill (or Third Reading Bill if amendments have been made) – usually released the day of the first reading
- The Explanatory Memorandum (stating the intentions of the original Bill) – usually released the day of the first reading
- Second Reading Speech (stating the intentions of the Bill) – usually released on the day of introduction in each house or a few sitting days after
- Bills Digest (summarising the key changes made by the Bill) – sometimes but not always released during the progress of the Bill through Parliament
- Schedule of Amendments - (a list of the specific amendments made by either house or particular politicians) - released generally after the second reading committee debate and vote
For Bills to become Acts (when they are assigned an Act number), they must receive the final approval or Royal Assent of the Governor-General, on behalf of the Queen (or the Governor, in the States).
|
SSSTASFFIRSTSGAG
STAGE 4 FIRST READING
THE CLERK READS THE SHORT TITLE OF THE
BILL AND TABLES IT BEFORE THE SPEAKER/SENATE PRESIDENT |
STAGE 5 SECOND READING
THIS IS WHEN THE BILL IS
DEBATED FOR THE FIST TIME
|
STAGE 6 COMMITTEE STAGE
COMPRISES COMMITTEE OF THE WHOLE HOUSE AND THE
STANDING COMMITTEE |
SSS
STAGE 11 PRESIDENTIAL
ASSENT
PRESIDENT
SIGNS IT AND PASSES IT INTO LAW |
STAGE 10 CONCURRENCE
BOTH THE SENATE AND THE HOUSE OF
REPRESENTATIVES PASS THE BILL |
STAGE 9 CLEAN COPY OF
BILL
SIGN
BY CLERK OF THE HOUSE |
STAGE 7 COMMITTEE REPORT
CHIARPERSON OF THE COMMITTEE REPORTS THE
PROGRESS OF THE BILL |
STAGE 8 THIRD READING
THIS IS WHEN THE BILL IS DEBATED FOR THE
FINAL TIME |
https://www.britannica.com/biography/Musa-I-of-Mali#ref228242
http://www.rogerdarlington.me.uk/Russianpoliticalsystem.html
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