Hist2 17 government and constitution
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Transcript of Hist2 17 government and constitution
FORMS OF GOVERNMENT
FORMS OF GOVERNMENT
Persons exercising powers:• Monarchy• Aristocracy• Democracy
Powers exercise by the nat’l or central gov’t• Unitary gov’t• Federal gov’t
Relationship of the exec. & legis. branch• Parliamentar
y gov’t• Presidential
gov’t
AS TO NUMBER OF PERSONS EXERCISING POWERS:
A. MonarchyOne in which the supreme and final authority
is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure.
MONARCHY
Absolute monarchyOne in which the ruler rules by divine right
The monarch exercises ultimate governing authority as head of state and head of government
Limited monarchyOne in which the ruler rules in accordance with a constitution
A form of government in which a monarch acts as head of state
ABSOLUTE MONARCH COUNTRIES
Limited MonarchyUnited KingdomThe Netherlands
Spain
Vatican City
Kingdom of Saudi Arabia
Brunei Darussala
m
LIMITED MONARCH COUNTRIES
United Kingdom
The Netherland
s
Spain
ARISTOCRACY
- One in which political power is exercised by a few privileged class
- A state characterized by the rule of nobility, elite, or privileged upper class
DEMOCRACY
- One in which the political power is exercised by a majority of the people.
- “…government of the people, by the people, for the people…,”
- Abraham Lincoln
SUBTYPES OF DEMOCRACYD
irect
or
Pu
re
• One in which the will of the state is formulated or expressed directly through the people in a mass meeting or primary assembly
Ind
irect
or
Rep
ub
lican
• The people choose their representatives to govern them in public affairs
POWERS EXERCISED BY THE CENTRAL OR NATIONAL GOVERNMENT:
Unitary government• The control of the national and local
affairs is exercised by the central or national government.
Federal Government• The powers of government are
divided between the national affairs and the local government, each supreme within its own sphere.
Unitary FederalDefinition: One central government controls weaker states. Power is not shared between
states, counties, or provinces.
Power is shared by a powerful central government and states or provinces that are given considerable self-rule, usually through their
own legislatures.
Examples: China, United Kingdom (although Scotland has been
granted self-rule).
The United States, Australia, the Federal Republic of Germany.
RELATIONSHIP BETWEEN THE EXECUTIVE AND THE LEGISLATIVE BRANCHES
Parliamentary governmentThe legislature chooses the head of the government, which is part of the legislature and under its control.
Presidential governmentBased on the principle of separation of powers among the Executive, the Legislature, and the Judiciary. The President is directly elected by the people
PARLIAMENTARY GOVERNMENT
PRESIDENTIAL GOVERNMENT
STATE OF BRAZIL
Brazil is a constitutional republic of 26 states and one federal district. Each state has its own governments, with powers in all matters not specifically reserved for the Union.
The executive power is vested in the same head of the state and government, directly elected with non-renewable 5-year term and limited authority. He is assisted by his cabinet members.
Legislative power is exercised by a bicameral National Congress, the Chamber of Deputies and the Senate. The Congress has the power to rule in all matters that are under the jurisdiction of the union. The Chamber of Deputies is composed of representatives of the states and elected every four years by direct universal suffrage and secret ballot in proportion to the population of each state. On the other hand, the Senate is formed by representatives of the states, who shall serve for a term of eight years.
The 26 states have autonomous laws and constitutions within the provisions of the constitution.
CONSTITUTION
CONSTITUTION IS DEFINED AS:
• “The body of those written or unwritten fundamental laws which regulate the most important rights of the higher magistrates and the most important essential privileges of the subjects."
NATURE AND PURPOSE OF A CONSTITUTION
1) IT SERVES AS A SUPREME OR FUNDAMENTAL LAW
Charter that created a government
Binding all individual citizens and parts of the government together as one
The ultimate law; the law other laws must abide by
Test of legality by government officials
2) ESTABLISHES THE BASIC FRAMEWORK AND UNDERLYING PRINCIPLES OF THE
GOVERNMENT
Prescribes the permanent framework of the system of government, and assigns to the different department or branches, their respective powers and duties
Establishes certain basic principles by which the government is founded
Designed to preserve and protect the rights of the citizens against the powers of the state
KINDS OF CONSTITUTION ACCORDING TO FORM
WRITTEN CONSTITUTION
KINDS OF CONSTITUTION
• One which has been given definitive written form at particular time, usually by a specially constituted authority called a “constitutional convention”
UNWRITTEN CONSTITUTION
KINDS OF CONSTITUTION
• One which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of fundamental character, usually bearing different dates.
PROS AND CONS OF A WRITTEN CONSTITUTION
KINDS OF CONSTITUTION
Pro: It has the advantage of clearness, definiteness, and rigidness that the unwritten doesn’t have. It cannot be easily altered.
Con: It is difficult to make changes. To change, it requires to go through “charter changing” which may take a while before any changes can be made.
KINDS OF CONSTITUTION ACCORDING TO THEIR ORIGIN OR HISTORY
CONVENTIONAL OR ENACTED CONSTITUTION
KINDS OF CONSTITUTION
One is enacted by a constituent assembly or granted by a monarch of his subject
Japanese Constitution
CUMULATIVE OR EVOLVED
One which is a product of long growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.
KINDS OF CONSTITUTION ACCORDING TO MANNER OF AMENDMENT
RIGID OR INELASTIC CONSTITUTION
KINDS OF CONSTITUTION
• One regarded as a document of
“special sanctity” which
cannot be modified in the same manner as other laws except by some special machinery, more burdensome than the ordinary legislative process.
FLEXIBLE OR ELASTIC
• One which possesses no higher legal authority than ordinary laws and which may be altered or amended in the same way as other laws.
MENTAL EXERCISE
• Israel’s constitution is an accumulated body of documents and precedents, some of which date back to biblical times. Is the constitution of Israel enacted or evolved? Why?
• In Sweden, constitutional amendments must be passed by two successive legislatures, with a general election in between. As to amendment, is their constitution rigid or flexible? Why?
• The British Constitution consists of some laws passed by the Parliament and court decisions and no single document has been codified as constitution to set forth the basic principles of the organization of power. As to form, is the British Constitution written or unwritten? Why?
Thank you!