Political InstitutionsPolitical InstitutionsAP Comparative GovernmentAP Comparative Government

Unit IV Part 1Unit IV Part 1

ReviewReviewDefinition: Definition: StateState

A stateA state is a political association with is a political association with effective sovereignty over a geographic effective sovereignty over a geographic area. area.

These may be nation states or sub-These may be nation states or sub-national states, or in some cases national states, or in some cases supernational organizations.supernational organizations.

The Foundation of the StateThe Foundation of the State

The “The “STATE”STATE”• Most Most

dominant dominant political unitpolitical unit

• No higher No higher authorityauthority

Political InstitutionsPolitical Institutionsand Structuresand Structures

Key Questions:Key Questions:• Who are the rulers?Who are the rulers?• What are the rules What are the rules

to control them?to control them?• Who controls AND Who controls AND

WHY? WHY? • How are they How are they

Controlled? Controlled? • WHO DO THEY WHO DO THEY

CONTROL?CONTROL?

Institutions in a StateInstitutions in a State

A A state usually includesstate usually includes::• A set ofA set of institutionsinstitutions that claim the that claim the

authority to make the rules that govern authority to make the rules that govern the exercise of coercive violence for the the exercise of coercive violence for the people of the society in that territorypeople of the society in that territory

• Status as a state often depends in part Status as a state often depends in part on being on being recognized recognized by a number of by a number of other states as having internal and other states as having internal and external sovereignty over it. external sovereignty over it.

Four theoriesFour theories By ForceBy Force By EvolutionBy Evolution By Divine RightBy Divine Right Through Social ContractThrough Social Contract

• Locke, Rousseau, Montesquieu…Locke, Rousseau, Montesquieu…

How Do States Gain How Do States Gain andand Keep Control? Keep Control?

Review from AP GovernmentReview from AP Government

Political Political InstitutionsInstitutions

Executive BranchExecutive Branch• Can also include Can also include

the Militarythe Military• Can also include Can also include

the Bureaucracythe Bureaucracy Legislative BranchLegislative Branch Judicial BranchJudicial Branch

Linking Linking InstitutionsInstitutions

Political PartiesPolitical Parties Interest GroupsInterest Groups The MediaThe Media

Head of StateHead of State• PresidentPresident• DictatorDictator• MonarchMonarch

Head of Head of GovernmentGovernment

• Prime MinisterPrime Minister• PremierPremier• ChancellorChancellor

The Executive BranchThe Executive Branch

Head of StateHead of State or or Chief of StateChief of State Usually serves as the chief public Usually serves as the chief public

representative of a monarchic or representative of a monarchic or republican nation-state, republican nation-state, federation, commonwealth or federation, commonwealth or any other political state. any other political state.

His or her role generally includes His or her role generally includes personifying personifying the continuity and the continuity and legitimacy of the state and legitimacy of the state and exercising the political powers, exercising the political powers, functions and duties granted the functions and duties granted the head of state in the country's head of state in the country's laws and constitution.laws and constitution.

Head of StateHead of State or or Chief of StateChief of State Charles de Gaulle described Charles de Gaulle described

the role he envisaged for the role he envisaged for the French president when the French president when he wrote the modern he wrote the modern French constitution. French constitution. • He said the head of state He said the head of state

should embody "should embody "the spirit the spirit of the nationof the nation" for the " for the nation itself and the nation itself and the world: world: une certaine idée une certaine idée de la Francede la France (a certain (a certain idea about France). idea about France).

Today many countries Today many countries expect their head of state expect their head of state to to embody national valuesembody national values in a similar fashionin a similar fashion

Head of GovernmentHead of Government The The Head of GovernmentHead of Government

is the chief officer of the is the chief officer of the executive branch of a executive branch of a government, often presiding government, often presiding over a cabinet. over a cabinet. • Is the “Leader of the Is the “Leader of the

Government”Government” Process functions Process functions

includesincludes:: Initiates/sets policyInitiates/sets policy

• Domestic and ForeignDomestic and Foreign Enhances policyEnhances policy Enforcement of policyEnforcement of policy

Head of Government AND StateHead of Government AND State In presidential In presidential

republics or republics or monarchies, the head monarchies, the head of government may be of government may be the the same personsame person as as the head of state, who the head of state, who is often a president (of is often a president (of the republic) or a the republic) or a monarch.monarch.

Example: The United Example: The United StatesStates

Functions of ExecutiveFunctions of Executive

Leader of StateLeader of State• Communicator of Communicator of

State IdealsState Ideals• Implementation Implementation

of Policyof Policy• Dynamism Dynamism

Sets pace and Sets pace and enhances political enhances political structurestructure

Executives as BureaucratsExecutives as Bureaucrats FunctionsFunctions

• EnforcementEnforcement of laws, implement of laws, implement rulesrules

• Monopolizes outputsMonopolizes outputs• ElaboratesElaborates policy policy• AdjudicatesAdjudicates policy policy • Spokesperson for Spokesperson for special interest special interest

group group Interest aggregation Interest aggregation

• CommunicationCommunication function function Is it responsive?Is it responsive?

How Can Executive Power be How Can Executive Power be Controlled?Controlled?

Through Checks and BalancesThrough Checks and Balances!! These agents of Control include:These agents of Control include:

• Voting (where this is available)Voting (where this is available)• Approval of budgetsApproval of budgets• Investigative CourtsInvestigative Courts• Mass media reports Mass media reports • Interest groupsInterest groups• Internal advisory commissionsInternal advisory commissions• Whistle blowersWhistle blowers

The Legislative BranchThe Legislative Branch An assembly of elected representativesAn assembly of elected representatives 75% of 180 states have one75% of 180 states have one

CongressCongress ChamberChamber DietsDiets ParliamentParliament

• House of CommonsHouse of Commons MajilesMajiles

Elected by “popular” vote Elected by “popular” vote • AccountableAccountable• LegitimateLegitimate

Russian Duma

Nations with bicameral legislatures.     Nations with unicameral legislatures.     No legislature

Functions of Legislative BranchFunctions of Legislative Branch EnactEnact Legislation Legislation DebatingDebating Forum Forum AmendAmend

LegislationLegislation FormulationFormulation of of

policypolicy• Input comes from Input comes from

outside outside the votersthe voters

ReviewReviewHow is Power Balanced Between the Executive How is Power Balanced Between the Executive

and Legislative Branches?and Legislative Branches?Presidential SystemsPresidential Systems Separation of Separation of

powers between powers between Executive and Executive and Legislative branchesLegislative branches

May be May be Dictatorship or Dictatorship or DemocracyDemocracy

May beMay be DirectDirect Indirect – Indirect –

Representative Representative Gov’tGov’t

Parliamentary SystemsParliamentary Systems Merger of Executive Merger of Executive

and legislative and legislative branches with a PM branches with a PM selected by the selected by the majority partymajority party

Also may be Also may be Dictatorship or Dictatorship or DemocracyDemocracy

May beMay be DirectDirect Indirect – Indirect –

Representative Representative

Courts establish the “Courts establish the “Rule of Rule of LawLaw” for the society” for the society

• Court system is based on Court system is based on who possesses the who possesses the legitimate power of the legitimate power of the government.government.

Authoritarian systemsAuthoritarian systems drive drive the judicial process.the judicial process.

• **Democratic systems will Democratic systems will have checks and balances have checks and balances that will separate the that will separate the three branches.three branches.

The Judicial BranchThe Judicial Branch

Classifying Institutions and StructuresClassifying Institutions and Structures Key QuestionsKey Questions::

• Who/which institution is in control?Who/which institution is in control? Why are they in control?Why are they in control? How do they control?How do they control? When did it occur?When did it occur?

• How does it work?How does it work? Are there checks/balances?Are there checks/balances? How does it work?How does it work? If not why not?If not why not?

• Are there rules to control the dominant Are there rules to control the dominant player?player?

Who made the rules? When?Who made the rules? When? Do they work?Do they work?

What major institution What major institution holds the key in Great holds the key in Great

Britain?Britain?

British Government TraditionsBritish Government Traditions Who Should Govern? What should Who Should Govern? What should

Government Do?Government Do?1.1. Trusteeship Theory Trusteeship Theory

““The governments job is to govern”The governments job is to govern” Best interests of the massesBest interests of the masses

2.2. Interest Group Theory- CollectivismInterest Group Theory- Collectivism Balance the needs of the peopleBalance the needs of the people Loyalty Prevails – England FirstLoyalty Prevails – England First

3.3. Individualist TheoryIndividualist Theory Parties should represent people rather than Parties should represent people rather than

organized groupsorganized groups• The “Unions shall prevail” attitude was dismantled The “Unions shall prevail” attitude was dismantled

by the New Labourby the New Labour

British Government TraditionsBritish Government Traditions The PM Connection to the CrownThe PM Connection to the Crown

• The PM is the "The PM is the "Head of Her Majesty's Head of Her Majesty's Government"Government"

• Queen provides “Queen provides “Formal assentFormal assent” to all ” to all laws passed in Parliamentlaws passed in Parliament

An age-old tradition of approvalAn age-old tradition of approval• No criticismNo criticism of Parliament from Crown in of Parliament from Crown in

public is allowed public is allowed • The Crown can dissolve ParliamentThe Crown can dissolve Parliament

Hasn’t been done since 1834Hasn’t been done since 1834

What about this no Constitution What about this no Constitution business?business?

The UK constitution is not in The UK constitution is not in a single, written document, a single, written document, but is but is drawn from legislation, drawn from legislation, treaties, judicial precedents, treaties, judicial precedents, convention, and numerous convention, and numerous other sources. other sources.

Two Basic RulesTwo Basic Rules• The Rule of Law The Rule of Law • The Supremacy of Parliament The Supremacy of Parliament

Great Britain GovernmentGreat Britain Government A unitary governmentA unitary government

• A melding of the Executive and Legislative A melding of the Executive and Legislative branchesbranches

ParliamentParliament• A deliberate assembly of one nation for A deliberate assembly of one nation for

one interest, that of the whole -- more one interest, that of the whole -- more ceremonial than efficient or effective”ceremonial than efficient or effective”

Fact -- The “Fact -- The “Executive BranchExecutive Branch” can ” can secure every passage of its legislationsecure every passage of its legislation• 97%97% of Whitehall’s bills are passed! of Whitehall’s bills are passed!

British Prime Minister and British Prime Minister and Deputy Prime MinisterDeputy Prime Minister

David David CameronCameron• Conservative Conservative

Party ( Tories)Party ( Tories)

Nick CleggNick Clegg• Liberal Liberal

DemocratsDemocrats

“I have nothing to offer but blood, toil, tears, and sweat”- Winston Churchill

Being prime minister is a lonely job... you cannot lead from the crowd.

Margaret Thatcher

The Prime MinisterThe Prime Minister Prime Minister Prime Minister

• “ “ First Among EqualsFirst Among Equals””• Party leaderParty leader• Chairman of cabinetChairman of cabinet• Major campaigner of policyMajor campaigner of policy

Patronage - vital weaponPatronage - vital weapon• selects all 20 cabinet selects all 20 cabinet

membersmembers Selects Selects CabinetCabinet

• secures the close union and secures the close union and complete fusion of the complete fusion of the executive and legislative executive and legislative branchesbranches

Majority party dictates Majority party dictates

GB’s Prime MinisterGB’s Prime Minister PM needs PM needs cabinet supportcabinet support, ,

not electorate.not electorate.• Apex of unitary government but Apex of unitary government but

cabinet positions are not cabinet positions are not fixed. . . fixed. . .

PM’s Power determined by PM’s Power determined by events of stateevents of state• HE HAS TO WATCH OUT FOR THE HE HAS TO WATCH OUT FOR THE

SHADOW CABINET (THAT’S THE SHADOW CABINET (THAT’S THE MINORITY PARTY’S LEADERSHIPMINORITY PARTY’S LEADERSHIP

Goal - maintain a good Goal - maintain a good government . . . no matter government . . . no matter what the posting. what the posting.

The Power of WhitehallThe Power of Whitehall Insures that the government’s Insures that the government’s

position is passedposition is passed• Superior political power and Superior political power and

flexibility flexibility • No constitution to inhibit No constitution to inhibit

but rules by constitutional but rules by constitutional principles principles

Whitehall pictured in 2012, with The Cenotaph and Monument to the Women of

World War II in the middle of the street, and the clock tower housing Big Ben in the

background.

Whitehall BigwigsWhitehall Bigwigs Home OfficeHome Office

• Home Home SecretarySecretary

The Foreign The Foreign OfficeOffice• Foreign Foreign

SecretarySecretary TreasuryTreasury

• Chancellor of Chancellor of the Exchequer the Exchequer

“The Home Office was born out of the barrel of a gun. It was created

to prevent public disorder after troops shot dead nearly 300 people

after rioting... in 1780”

George Osborne

Teresa May

William Hague

"The India Office is a miniature Government in itself.”

“The Chancellor of the Exchequer is…entrusted with a certain amount of misery which it is his duty to distribute as fairly as he can."

The House of CommonsThe House of Commons 650 members650 members Led by a speaker- Led by a speaker- John John

Bercow since 2009Bercow since 2009 Term of office -- 5 years MAXTerm of office -- 5 years MAX Division of power between the Division of power between the

majority and the minority. majority and the minority. • Party Line + whipParty Line + whip

Goal -- “Goal -- “Don’t hurt the partyDon’t hurt the party”” • Its function is to approve policy, Its function is to approve policy,

not make policy not make policy

Legislating in the UKLegislating in the UK

MP’s in House of Commons MP’s in House of Commons deliberate and debate the details of deliberate and debate the details of policy. . . not what policy but how to policy. . . not what policy but how to implement implement thethe policy policy• Purpose is to discuss legislation, Purpose is to discuss legislation,

not make it. . . not make it. . . • Legislation is made in Legislation is made in WhitehallWhitehall..

Debate in House of CommonsDebate in House of Commons Debates express “moods” of HC. Debates express “moods” of HC.

• If legislation passes, debate was If legislation passes, debate was effective. effective.

• Debate functions to “weigh one’s peers.”Debate functions to “weigh one’s peers.” Debates allow Debates allow minority to scrutinize minority to scrutinize

administrationadministration• If the populous doesn’t like it. . . they can If the populous doesn’t like it. . . they can

seek out the ombudsman to express seek out the ombudsman to express dissentdissent

Minister’s of ParliamentMinister’s of ParliamentMP’sMP’s

MP’s are used to “feel out” legislation MP’s are used to “feel out” legislation – – Publicize the issuesPublicize the issues!!

Articulate political ideas – debating Articulate political ideas – debating forumforum

H of C is a place to mobilize support H of C is a place to mobilize support • MP is not a legislatorMP is not a legislator• Can’t go against party lineCan’t go against party line• Can oversee how the bureaucracy Can oversee how the bureaucracy

manages policy endeavorsmanages policy endeavors Has oversight functionHas oversight function

The House of LordsThe House of Lords A A hereditary bodyhereditary body formerly with formerly with

inherited seatsinherited seats Can initiate or amend legislationCan initiate or amend legislation Not elected. . . Not elected. . . SelectedSelected

• Not a cross-section of representationNot a cross-section of representation• Appointed “peers” hold officeAppointed “peers” hold office• The inherited “The inherited “hereditaryhereditary” seat ” seat

holders were abolished 1999holders were abolished 1999 The “law” lordsThe “law” lords were made up of HC were made up of HC

retirees, all appointedretirees, all appointed• Was considered Supreme Court of Great Was considered Supreme Court of Great

Britain until 2009Britain until 2009

The House of LordsThe House of Lords Power is limitedPower is limited

• Delay common’s Delay common’s enactments up to enactments up to a year . . . but no a year . . . but no veto powerveto power

Always Always “conservative” “conservative” body made up of body made up of retired MP’s who retired MP’s who are favored by PMare favored by PM

The CabinetThe Cabinet Secures the close union and complete Secures the close union and complete

fusion of the executive and legislative fusion of the executive and legislative branchesbranches• Apex of unitary governmentApex of unitary government

Cabinet positions are not fixedCabinet positions are not fixed• Majority party dictates Majority party dictates • PM needs cabinet support, not PM needs cabinet support, not

electorate. electorate. Power determined by events of statePower determined by events of state Goal of CabinetGoal of Cabinet

• To maintain a good government . . . To maintain a good government . . . no matter what the posting. no matter what the posting.

• PM must watch out for the PM must watch out for the Shadow Shadow Cabinet Cabinet

The Minority Party’s LeadershipThe Minority Party’s Leadership

Parliament- Policy MakingParliament- Policy Making Good policy is one that government finds Good policy is one that government finds

acceptable to administer and publicly acceptable to administer and publicly defenddefend• Lawmaking is resource of the government.Lawmaking is resource of the government.

Parliament averages only Parliament averages only 85 bills85 bills per year per year• Most legislation updates old lawsMost legislation updates old laws

TaxesTaxes• 30% of earnings-- socialism is expensive!!30% of earnings-- socialism is expensive!!

1/3 of workforce works for government1/3 of workforce works for government 1/2 of society on the DOLE (welfare rolls)1/2 of society on the DOLE (welfare rolls)

Do they really NEED one?Do they really NEED one? It has been suggested that the British

Constitution can be summed up in eight words: What the Queen in Parliament enacts is law. • This means that Parliament, using the

power of the Crown, enacts law which no other body can challenge.

Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. • This is the ultimate lawmaking power

vested in a democratically elected Parliament to create or abolish any law.

The British The British unitaryunitary system is system is beginning to look like a beginning to look like a federalfederal

systemsystem• Devolution Devolution towards Scotland and Northern towards Scotland and Northern

IrelandIreland• WhigWhig initiatives. initiatives.• More freedom for local governmentsMore freedom for local governments

London mayor is now elected official.London mayor is now elected official.• Reform Reform in House of Lordsin House of Lords• Electoral reformElectoral reform• A Bill of Rights???A Bill of Rights???

The 'new' Supreme Court The 'new' Supreme Court (Created in 2009) (Created in 2009)

The Supreme Court is the same body as the The Supreme Court is the same body as the old “old “Law lordsLaw lords” in a new courtroom (without ” in a new courtroom (without their wigs) and no voting powers in the House their wigs) and no voting powers in the House of Lordsof Lords

PowersPowers• All the UK Supreme Court can do is issue a All the UK Supreme Court can do is issue a

'statement of incompatibility' 'statement of incompatibility' against govt. against govt. legislation that concerns human rightslegislation that concerns human rights

• They have been the final court of appeal for Human They have been the final court of appeal for Human Rights Act (HRA) cases in the UK since 1998, which Rights Act (HRA) cases in the UK since 1998, which can still be appealed further to the European Court can still be appealed further to the European Court of Human rights. of Human rights.

•

Other Changes to System??Other Changes to System?? For change to occurFor change to occur

• Party in power has to reduce its own Party in power has to reduce its own powerpower

• Is that likely?Is that likely? Conservatism doesn’t breed change. . .Conservatism doesn’t breed change. . .

• Parliament has total sovereignty + can Parliament has total sovereignty + can change the law at any time to suit its change the law at any time to suit its needs. . .can that change?needs. . .can that change?

EU Law can circumvent Parliament lawEU Law can circumvent Parliament law Electoral system bashes third partiesElectoral system bashes third parties . . . .

• That will come next unit. . . That will come next unit. . .

The Stone of Scone The Stone of Scone (or Stone of Destiny)(or Stone of Destiny)

A stone placed inside the coronation A stone placed inside the coronation chair upon which British monarchs chair upon which British monarchs are crownedare crowned

Scottish kings were formerly Scottish kings were formerly crowned on the stone AND it crowned on the stone AND it used used to sit under the coronation chair to sit under the coronation chair in in London’s Westminster Abbey, until London’s Westminster Abbey, until Thursday, November 14, 1996. Thursday, November 14, 1996.

The stone is now on display in The stone is now on display in Edinburgh Castle, with the intention Edinburgh Castle, with the intention to shuttle the stone to shuttle the stone to Westminster to Westminster Abbey for future coronations of the Abbey for future coronations of the British monarch. British monarch.

Unless the fates be faulty grownAnd prophet’s voice be vain

Where’er is found this sacred stoneThe Scottish race shall reign.

Traditions of the State Opening of Traditions of the State Opening of ParliamentParliament

The State Opening ceremony dates from The State Opening ceremony dates from the the opening in 1852opening in 1852. But parts of the . But parts of the ceremony can be traced back to even earlier ceremony can be traced back to even earlier times, when the monarchy and Parliament times, when the monarchy and Parliament were on less than congenial terms.were on less than congenial terms.

The speech is read in The speech is read in the House of Lords the House of Lords because no monarch has set foot in the House because no monarch has set foot in the House of Commons since 1642, of Commons since 1642, when Charles the First when Charles the First entered the Commons and tried to arrest five entered the Commons and tried to arrest five MPs.MPs.

The hostage MPThe hostage MP• Before the Queen travels to Parliament from Buckingham Before the Queen travels to Parliament from Buckingham

Palace, certain traditional precautions are taken. A Palace, certain traditional precautions are taken. A member of the government is held at Buckingham member of the government is held at Buckingham Palace to guarantee the safe return of the monarchPalace to guarantee the safe return of the monarch. The . The hostage is released upon the safe return of the Queen.hostage is released upon the safe return of the Queen.

Searching the cellarsSearching the cellars The Yeomen of the Guard search the cellars of the The Yeomen of the Guard search the cellars of the

Houses of Parliament, in a tradition that dates back to Houses of Parliament, in a tradition that dates back to the Gunpowder Plot of 1605, when the Gunpowder Plot of 1605, when Guy Fawkes Guy Fawkes was was arrested while preparing to blow up Parliament. arrested while preparing to blow up Parliament. 

Black RodBlack Rod The official known as The official known as Black Rod Black Rod is sent to the is sent to the

Commons to summon MPs to attend the speech. The Commons to summon MPs to attend the speech. The door is at door is at first slammed in his facefirst slammed in his face and MPs do not and MPs do not reopen it until he knocks on the door with his staff of reopen it until he knocks on the door with his staff of office. MPs then follow Black Rod and the Speaker to office. MPs then follow Black Rod and the Speaker to the Lords Chamber.the Lords Chamber.

New in 2009New in 2009 The UK added a The UK added a

Supreme Court in Supreme Court in 20092009

The judicial function The judicial function of Parliament ended of Parliament ended in 2009, when an in 2009, when an independent UK independent UK Supreme Court was Supreme Court was established.established.

The Lord Chancellor and Secretary of State for Justice Jack Straw

He has made a written ministerial statement in which 

he has announced a new structure for the Ministry of Justice.

The UK Supreme CourtThe UK Supreme Court The Supreme Court was established in

2009 to achieve a complete separation between the United Kingdom’s senior Judges and the Upper House of Parliament, emphasizing the independence of the Law Lords and increasing the transparency between Parliament and the courts.

Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar of the constitution.

Formerly Part of Formerly Part of the House of Lordsthe House of Lords

In August 2009 the Justices moved In August 2009 the Justices moved out of the House of Lords (out of the House of Lords (where where they sat as the Appellate Committee they sat as the Appellate Committee of the House of Lordsof the House of Lords) into their own ) into their own building on the opposite side of building on the opposite side of Parliament Square. Parliament Square.

They sat for the first time as a They sat for the first time as a Supreme Court in October 2009.Supreme Court in October 2009.

Role of the UK Supreme CourtRole of the UK Supreme Court The The final court of appeal final court of appeal for all United for all United

Kingdom civil cases, and criminal cases Kingdom civil cases, and criminal cases from England, Wales and Northern Ireland from England, Wales and Northern Ireland • hears hears appealsappeals on arguable points of law on arguable points of law

of general public importance of general public importance • concentrates on cases concentrates on cases of the greatest of the greatest

public and constitutional importance public and constitutional importance • maintains and develops the role of the maintains and develops the role of the

highest court highest court in in the United Kingdom as the United Kingdom as a leader in the common law worlda leader in the common law world

Impact of the Supreme CourtImpact of the Supreme Court

The impact of Supreme Court decisions The impact of Supreme Court decisions extend extend far beyond the parties involved in far beyond the parties involved in any given caseany given case, shaping our society, and , shaping our society, and directly affecting our everyday lives.directly affecting our everyday lives.

For instance, in their first legal year, the For instance, in their first legal year, the Justices gave landmark rulings on:Justices gave landmark rulings on:• access to legal advice for Scottish suspects• the rights of gay asylum seekers• and the weight to be given to pre-nuptial

agreements.

What major institution What major institution holds the key in Great holds the key in Great

Britain?Britain? Parliament!Parliament! The melding of The melding of

the Executive the Executive and Legislative and Legislative BranchesBranches

What major institution What major institution holds the key in China?holds the key in China?

Constitution of 1982 Constitution of 1982 The formal structure of government The formal structure of government

is based on the is based on the State Constitution State Constitution adopted on December 4, 1982,adopted on December 4, 1982, by by the National People's Congress the National People's Congress (NPC), China's highest legislative (NPC), China's highest legislative body. body. • The 1982 Constitution superseded The 1982 Constitution superseded

three previous state constitutions--three previous state constitutions--those of 1954, 1975, and 1978.those of 1954, 1975, and 1978.

Constitution of 1982 Constitution of 1982 The 1982 Constitution is a lengthy, hybrid The 1982 Constitution is a lengthy, hybrid

document with 138 articles. Large sections document with 138 articles. Large sections were adapted directly from the 1978 were adapted directly from the 1978 constitution, but many of its changes constitution, but many of its changes derive from the 1954 constitution. derive from the 1954 constitution.

Specifically, the new Constitution Specifically, the new Constitution deemphasizes class struggle and places top deemphasizes class struggle and places top priority on development and on priority on development and on incorporating the contributions and incorporating the contributions and interests of nonparty groups that can play a interests of nonparty groups that can play a central role in modernization. central role in modernization. • Rings with egalitarianism, but . . . .Rings with egalitarianism, but . . . .

FrameworksFrameworks

ChinaChinaPower of State Power of State Power of PartyPower of PartyPower of ArmyPower of Army

Chinese Communist PartyChinese Communist Party The Communist Party The Communist Party

of China (CCP or CPC) of China (CCP or CPC) was founded on was founded on July 1, July 1, 1921 in 1921 in Shanghai, Shanghai, China. China. • After 28 years of After 28 years of

struggle founded the struggle founded the People's Republic of People's Republic of China in 1949. China in 1949.

The 7 Top CCP Officials in the The 7 Top CCP Officials in the Politiboro Standing CommitteePolitiboro Standing Committee

• Xi Jinping - Head of China's Communist Party and chairman of China's Central Military Commission

• Li Keqiang - Premier (in March)• Zhang Dejiang - Head of National People's

Congress • Yu Zhengsheng - Head of Chinese People’s

Consultative Conference• Liu Yunshan - Head of Propaganda

Department• Wang Qishan - Secretary of the Central

Commission for Discipline Inspection• Zhang Gaoli - Executive Vice Premier

• Xi Jinping: SHEE jin PING (-sh as in ship, -j as in Jack, -i as in sit, -ng as in sing)

• Li Keqiang: LEE kuh chee-AANG (-ee as in street, -aa as in father, -ch as in church, -ng as in sing)

• Zhang Dejiang: JAANG duh

jee-AANG (-j as in Jack, -aa as in father, -ng as in sing)

• Zhang Gaoli: JAANG gow LEE (-j as in Jack, -aa as in father, -ng as in sing, -ow as in now)

The Politburo Standing Committee, makes up of the top leadership of the

Communist Party in China

• Wang Qishan: WAANG chee SHAN (-aa as in father, -ng as in sing -ch as in church)

• Liu Yunshan: LYOH yuen SHAN (-ly as in million, -oh as in no, -ue as in French vu)

• Yu Zhengsheng: YUE jung

SHUNG (-ue as in French vu, -j as in Jack, -u as in bun, -ng as in sing)

ChinaChina

Executive BranchExecutive Branch• Xi Jinping Xi Jinping - Head of China's - Head of China's

Communist Party and chairman of Communist Party and chairman of China's Central Military CommissionChina's Central Military Commission

• Li Keqiang Li Keqiang - Premier - Premier • Zhang Dejiang Zhang Dejiang - Head of National - Head of National

People's Congress People's Congress • Yu Zhengsheng Yu Zhengsheng - Head of Chinese - Head of Chinese

People’s Consultative ConferencePeople’s Consultative Conference

Xi Jinping- current rolesXi Jinping- current roles General Secretary General Secretary of the CPC Central of the CPC Central

CommitteeCommittee ChairmanChairman of the CPC Central Military of the CPC Central Military

CommissionCommission

State CouncilState Council The The State Council (or State Council (or

Central Government)Central Government) is the highest organ is the highest organ of Chinese executive of Chinese executive branch. branch. • Concentration of Concentration of

power but still power but still needs party supportneeds party support

PolitburoPolitburo rules party, rules party, influences influences governmentgovernment

Li Keqiang Member of the Standing

Committee Premier of the State Council

The State CouncilThe State Council The The State CouncilState Council is the government of the is the government of the

PRC.PRC.• It is the highest organ of state power, and of It is the highest organ of state power, and of

state administrationstate administration The State Council consists of:The State Council consists of:

• Premiers, Vice-Premiers, State Councilors, Premiers, Vice-Premiers, State Councilors, Ministers in charge of ministries, Ministers in Ministers in charge of ministries, Ministers in charge of commissions, Auditor-General, and the charge of commissions, Auditor-General, and the Secretary-General. Secretary-General.

The State Council’s The State Council’s term of office is five years.

Central Military CommissionCentral Military Commission The Constitution also established the The Constitution also established the Central Central

Military CommissionMilitary Commission (CMC), a organizational body (CMC), a organizational body empowered to direct the armed forces of China.empowered to direct the armed forces of China.• The Constitution does not enumerate the The Constitution does not enumerate the

duties and powers of this governmental unit, as duties and powers of this governmental unit, as it does with the others. it does with the others.

It does, however, establish that the CMC is It does, however, establish that the CMC is responsible to the NPC, supporting the idea that responsible to the NPC, supporting the idea that the the NPC is the highest organ of state power.NPC is the highest organ of state power.

China Executive Branch-China Executive Branch-

(old) (old) State CouncilState Council

ChinaChina

Legislative BranchLegislative Branch National Peoples CongressNational Peoples Congress The NPC is the unicameral body vested with the The NPC is the unicameral body vested with the

authority to authority to establish the lawsestablish the laws in China.in China. This is a This is a ratifying body, not deliberating body, a , a

forum for special interest groups forum for special interest groups • 2,987 members (largest in the world)2,987 members (largest in the world)• Term 5 years Term 5 years • Meets once a year Meets once a year • UnicameralUnicameral

FunctionFunction• Amend legislationAmend legislation• Appoints/selects President and VP of PRC with a Appoints/selects President and VP of PRC with a

caucus system format (Quanxi)caucus system format (Quanxi)

ChinaChina

Legislative BranchLegislative Branch The NPC is partially composed of a The NPC is partially composed of a

permanent body called the permanent body called the Standing Standing CommitteeCommittee of the National People’s of the National People’s Congress Congress

When the NPC is not in secession, When the NPC is not in secession, the the Standing Committees can enact Standing Committees can enact amendments and additions to laws amendments and additions to laws passed by the NPCpassed by the NPC

The The Central Committee Central Committee is elected by is elected by the National Party Congress. the National Party Congress.

When the National Party Congress is When the National Party Congress is not in session, not in session, the Central Committee the Central Committee leads all the work of the Party and leads all the work of the Party and represents the CPC outside the Party. represents the CPC outside the Party.

It is elected for a term of five years.It is elected for a term of five years.

ChinaChina

Legislative BranchLegislative Branch

Legislation is also created at more Legislation is also created at more local levels local levels by the people’s by the people’s congresses of provinces, congresses of provinces, municipalities, autonomous areas municipalities, autonomous areas and cities. and cities.

The Constitution provides the The Constitution provides the structure, authority, and duties of the structure, authority, and duties of the Local People’s CongressesLocal People’s Congresses

ChinaChina

Legislative BranchLegislative Branch

Hu Jintao (C, Front), Wu Bangguo (2nd R, Front), Wen Hu Jintao (C, Front), Wu Bangguo (2nd R, Front), Wen Jiabao (2nd L, Front), Jia Qinglin (1st R, Front), Li Jiabao (2nd L, Front), Jia Qinglin (1st R, Front), Li Changchun (1st L, Front), Xi Jinping (2nd L, Back), Li Changchun (1st L, Front), Xi Jinping (2nd L, Back), Li Keqiang (2nd R, Back), He Guoqiang (1st L, Back) and Keqiang (2nd R, Back), He Guoqiang (1st L, Back) and Zhou Yongkang (1st R, Back) Zhou Yongkang (1st R, Back)

March 2010March 2010

opening meeting of the Third Session of the 11th National Committee of the Chinese People's Political Consultative Conference (CPPCC) at the Great Hall of the People in Beijing

China- Regional GovernmentsChina- Regional Governments

Standing Committees Standing Committees at every at every level …the epitome of local controllevel …the epitome of local control

RegionalRegional Governments Governments ProvincesProvinces Prefectures Prefectures CountyCounty Townships Townships

• Production brigadesProduction brigades• Production teamsProduction teams

China- BureaucracyChina- Bureaucracy Largest in the worldLargest in the world Chinese citizens can’t hold both a political Chinese citizens can’t hold both a political

and government postand government post Cadres- Public officialsCadres- Public officials

• An attempt to decentralize powerAn attempt to decentralize power• Generally not trusted (2010 Golf Scandal)Generally not trusted (2010 Golf Scandal)

The Premier, Wen Jiabao, called yesterday for reforms that would allow more public scrutiny to address the "problem of over-concentration of power with ineffective supervision".

CadresCadres The term The term cadrecadre refers to a refers to a public public

official official holding a responsible or holding a responsible or managerial position, usually full managerial position, usually full time, in party and government. time, in party and government.

The 7 May Cadre Schools were The 7 May Cadre Schools were set up in late 1968, in set up in late 1968, in accordance with Mao Zedong’s accordance with Mao Zedong’s directive.directive.

A cadre may or may not be a A cadre may or may not be a member of the CCP, although a member of the CCP, although a person in a person in a sensitive position sensitive position would almost certainly be a would almost certainly be a party member.party member.

Great Leap Forward Movement Cadres and intellectuals, Cadres and intellectuals,

"sent down" from the "sent down" from the cities, cities, would perform would perform manual labor and manual labor and undergo ideological undergo ideological reeducation. reeducation.

Cadres would take turns Cadres would take turns to go the villages or to go the villages or grass-roots levels to gain grass-roots levels to gain first-hand experience in first-hand experience in productive work. productive work.

One by one, the 7 May cadre schools were closed down; they ceased to exist after the Cultural Revolution.

ChinaChina

Judicial BranchJudicial Branch The judicial system of the PR consists The judicial system of the PR consists

of the:of the:• The Supreme People’s Courts• The Higher People’s Courts• The Intermediate People’s Courts• The Basic People’s Courts

The Basic People’s Courts are comprised of The Basic People’s Courts are comprised of more than 3,000 courts at county level, which more than 3,000 courts at county level, which are further subdivided into about 20,000 are further subdivided into about 20,000 smaller units referred to as people’s tribunals smaller units referred to as people’s tribunals

China’s Court SystemChina’s Court System Strictly speaking, Strictly speaking,

China's judicial China's judicial system only system only refers to refers to people's people's court system.court system.

Generally Generally thought to lack thought to lack Rule of LawRule of Law

http://en.chinacourt.org/

Judges being sworn in at a court in Xi’an, Shaanxi Province. Photo: Reuters

Role of China’s Supreme CourtRole of China’s Supreme Court1.1. Trying cases that have the greatest Trying cases that have the greatest

influence in Chinainfluence in China, hearing appeals , hearing appeals against the legal decisions of higher against the legal decisions of higher courtscourts

2.2. Supervising the work of local courts Supervising the work of local courts and and special courts at every levelspecial courts at every level

3.3. Giving judicial explanations of the Giving judicial explanations of the specific utilization of laws specific utilization of laws in the judicial in the judicial process that must be carried out process that must be carried out nationwide. nationwide.

Supreme Court TermsSupreme Court Terms The president of the Supreme People's The president of the Supreme People's

Court is elected by the NPC and remains in Court is elected by the NPC and remains in office office for no more than two successive for no more than two successive terms with each term of five years. terms with each term of five years.

The deputy presidents of the Supreme The deputy presidents of the Supreme People's Court, members of the judicial People's Court, members of the judicial committee, presiding judges of affiliated committee, presiding judges of affiliated courts and their deputies, and judicial courts and their deputies, and judicial officers are officers are appointed and recalled by the appointed and recalled by the Standing Committee of the NPC. Standing Committee of the NPC.

The Higher People's CourtsThe Higher People's Courts The Higher People's Courts are courts of The Higher People's Courts are courts of

provinces, autonomous regions and provinces, autonomous regions and municipalities directly under the Central municipalities directly under the Central Government.Government.

A higher people's A higher people's court deals with cases of court deals with cases of the first instance assigned by laws and the first instance assigned by laws and decrees, cases of the first instance decrees, cases of the first instance transferred from people's courts at the next transferred from people's courts at the next lower level, cases of appeals and of lower level, cases of appeals and of protests lodged against judgments and protests lodged against judgments and orders of people's courts at the next lower orders of people's courts at the next lower level, and cases of protests lodged by level, and cases of protests lodged by people's procuratorates. people's procuratorates.

Higher People’s Court CaseHigher People’s Court Case Lawyers for Apple Inc. argued for its Lawyers for Apple Inc. argued for its

right to use the iPad trademark in right to use the iPad trademark in China on Wednesday March 1China on Wednesday March 1, as a , as a higher court began a crucial higher court began a crucial hearing that could result in sales of hearing that could result in sales of the wildly popular tablet computer the wildly popular tablet computer being halted throughout the being halted throughout the Chinese mainlandChinese mainland

The Higher People's Court of The Higher People's Court of Guangzhou is hearing an appeal by Guangzhou is hearing an appeal by the U.S. firm the U.S. firm after a lower court after a lower court ruled in favour of debt-laden ruled in favour of debt-laden Chinese tech company Proview Chinese tech company Proview Technology (Shenzhen), which says Technology (Shenzhen), which says it owns the trademark in China.it owns the trademark in China.

http://tv.ibtimes.com/china-higher-court-hears-apple-s-ipad-appeal/3798.html

The Intermediate People's CourtsThe Intermediate People's Courts

They are the courts established in They are the courts established in capitals or prefectures in the provincial capitals or prefectures in the provincial level. level.

The scope of jurisdiction by an The scope of jurisdiction by an intermediate people's court intermediate people's court covers cases covers cases of first instance assigned by laws and of first instance assigned by laws and decrees, cases of first instance decrees, cases of first instance transferred from the basic people's transferred from the basic people's courts, and appealed and protested courts, and appealed and protested cases from the lower courtcases from the lower court..

The Basic People's CourtsThe Basic People's Courts The basic courts, as the lowest level, are The basic courts, as the lowest level, are

normally located at the county, municipal normally located at the county, municipal districts and autonomous counties. districts and autonomous counties.

The basic people's court The basic people's court adjudicates all adjudicates all criminal and civil cases criminal and civil cases of the first instance of the first instance except where the law provides otherwise. except where the law provides otherwise.

Besides trying cases, a basic people's court is Besides trying cases, a basic people's court is also responsible for also responsible for settling civil disputes, settling civil disputes, handling minor criminal cases that do not handling minor criminal cases that do not require formal handling, and directing the work require formal handling, and directing the work of the people's mediation committees. of the people's mediation committees.

What major institution What major institution holds the key in China?holds the key in China? The Party!The Party! Since Mao, control of the Since Mao, control of the

Communist PartyCommunist Party is key to is key to maintaining control in Chinamaintaining control in China

What major institution What major institution holds the key in Mexico?holds the key in Mexico?

Mexico- Central GovernmentMexico- Central Government A A Federal systemFederal system established like the U.S. established like the U.S.

but highly centralized but highly centralized • President + Party = POWER!President + Party = POWER!• Coalition of interests –Coalition of interests –

Co-optation (small group influence- related to patron-Co-optation (small group influence- related to patron-client)client)

crime crime Political centralism Political centralism

• Has deep roots and a long traditionHas deep roots and a long tradition Main ProblemMain Problem

• The Mexican government can’t run the people The Mexican government can’t run the people like a dictatorship and the people can’t control like a dictatorship and the people can’t control the government.the government.

Mexico- Federal SystemMexico- Federal System Federal government controls 85% of Federal government controls 85% of

revenues. revenues. Mexico City spends 45% of budgetMexico City spends 45% of budget Muncipio LibreMuncipio Libre

• ““Free autonomous” local governmentsFree autonomous” local governments Not really!Not really!

• 32 states are divided by political 32 states are divided by political interests.interests.

• PAN has garnered its support base in PAN has garnered its support base in local governmentslocal governments

Mexican Presidential SystemMexican Presidential System Powerful office withPowerful office with

• Six year term Six year term ((SexenioSexenio))• BUT No Re-electionBUT No Re-election• Must be 35 years oldMust be 35 years old• Must be natural-born citizen of Must be natural-born citizen of

natural-born or naturalized citizens natural-born or naturalized citizens The candidate cannot have held a The candidate cannot have held a

cabinet post or a governorship, nor cabinet post or a governorship, nor have been on active military duty have been on active military duty during the six months prior to the during the six months prior to the election. election.

Priests and ministers of religious Priests and ministers of religious denominations are barred from holding denominations are barred from holding public office.public office.

Mexican Presidential SystemMexican Presidential System• Presidents are Presidents are

directly elected by a directly elected by a simple majority of simple majority of registered votersregistered voters in in the thirty-one states the thirty-one states and the Federal and the Federal District. District.

• The president The president holds holds the formal titles of the formal titles of chief of state, head chief of state, head of government, and of government, and commander in chief commander in chief of the armed forcesof the armed forces

The Mexican PresidencyThe Mexican Presidency Critics have pejoratively labeled the Critics have pejoratively labeled the

presidency the presidency the "six-year monarchy" "six-year monarchy" because of the seemingly unchecked because of the seemingly unchecked power that historically has resided in power that historically has resided in the office. the office. • There is NO vice-presidentThere is NO vice-president

Much of the aura of presidential Much of the aura of presidential power derives from the president's power derives from the president's direct and direct and unchallenged control over unchallenged control over both the state apparatus and the both the state apparatus and the ruling political party, the PRI.ruling political party, the PRI.

Power of the Mexican PresidentPower of the Mexican President Constitutional powersConstitutional powers

• His veto cannot be His veto cannot be overridden!overridden!

President initiates, President initiates, vetoes and decrees vetoes and decrees legislationlegislation

System restricts his System restricts his changes changes • Pendulum politicsPendulum politics (i.e. (i.e.

Portillo’s nationalization of Portillo’s nationalization of banks in 1982)banks in 1982)

National Consultative National Consultative CommitteeCommittee • Made up of all ex-Made up of all ex-

presidents presidents http://www.youtube.com/watch?v=YobJc5cnk68

Enrique Peña Nieto

Mexico- Executive BranchMexico- Executive Branch President handpicks cabinet President handpicks cabinet

• 20 members20 members• Ministry of GovernmentMinistry of Government most powerful most powerful

President selects successorPresident selects successor • El TapadoEl Tapado (The Hidden One)(The Hidden One) from small from small

pool of cabinet officers until pool of cabinet officers until Vicente FOXVicente FOX was elected in 2000. was elected in 2000.

Did Vicente Fox “select” one in 2006?Did Vicente Fox “select” one in 2006? Felipe Calderon in 2012??Felipe Calderon in 2012??

Mexican Patron-Client Mexican Patron-Client RelationshipRelationship

Mexican president is the “Mexican president is the “supreme supreme client” client” of the client-patron systemof the client-patron system• It follows the It follows the camarillacamarilla (political clique) (political clique)

who vie for presidential powerwho vie for presidential power Cabinet positions conciliates the Cabinet positions conciliates the

loserslosers• Loyalty to office but not similar ideologyLoyalty to office but not similar ideology

Mexican BureaucracyMexican Bureaucracy Very Powerful institution in MexicoVery Powerful institution in Mexico

• PRI influenced in past and even todayPRI influenced in past and even today• Controls municipalities/citiesControls municipalities/cities• Uses Uses MordidaMordida and the spoils system and the spoils system

The PRI bureaucrats also used theThe PRI bureaucrats also used the “Three “Three Pillars of Society” Pillars of Society” to control the to control the government by dividing the power and government by dividing the power and then uniting and merging the factionsthen uniting and merging the factions

Major parts of PRIMajor parts of PRI Campesinos Campesinos (farmer or land worker)(farmer or land worker)

Peasants -- “Drunk” with Revolutionary fervorPeasants -- “Drunk” with Revolutionary fervor Land reform -- National Peasant Confederation (CNC Land reform -- National Peasant Confederation (CNC

interest group) interest group) Labor/labor unionsLabor/labor unions Military Military

Mexican BureaucracyMexican Bureaucracy The Mexican BureaucracyThe Mexican Bureaucracy has to has to

deal with poverty and debtdeal with poverty and debt• Oil ( since the 1970’s) makes money and Oil ( since the 1970’s) makes money and

also expectations also expectations PEMEXPEMEX oil company largest oil company largest

• Economy is “concentrated” in a few key Economy is “concentrated” in a few key areasareas

Presidential success + the Presidential success + the economy is now tied together!economy is now tied together!

Free trade status important-NAFTAFree trade status important-NAFTA

Mexican Legislature Mexican Legislature A bicameral system that was updated A bicameral system that was updated

by Constitutional changes in 1993by Constitutional changes in 1993 • Senate-128 members- Senate-128 members- 6-year terms6-year terms

96 elected in state lists; 32 by PR 96 elected in state lists; 32 by PR

• Chamber of Deputies 500 members with a Chamber of Deputies 500 members with a 3 year 3 year term. term.

300 Direct-election seats; 200 by PR300 Direct-election seats; 200 by PR

• Both bodies used to be PRI controlled but now Both bodies used to be PRI controlled but now filled with both PDR and PAN legislators. filled with both PDR and PAN legislators.

The changes meant more seats for The changes meant more seats for oppositional partiesoppositional parties• Senate at least 1/3 for non-PRI seatsSenate at least 1/3 for non-PRI seats• Chamber of Deputies no party will earn more Chamber of Deputies no party will earn more

than 300 of the 500 seatsthan 300 of the 500 seats

Mexican Legislature Mexican Legislature Term limitsTerm limits

• No consecutive re-election to legislative seatsNo consecutive re-election to legislative seats Function of Institution was originally Function of Institution was originally

used to Legitimize the Presidencyused to Legitimize the Presidency• A symbol to the people that the government will A symbol to the people that the government will

be responsible. be responsible. BUT 80% of President’s legislation was BUT 80% of President’s legislation was

passed pre-2000.passed pre-2000.• BUT this has changed since 2000 and Fox and BUT this has changed since 2000 and Fox and

Calderon have experienced a non-conformist Calderon have experienced a non-conformist legislature.legislature.

Fox News LatinoFox News Latino January January 20122012

Mexican lawmakers said they would formally Mexican lawmakers said they would formally complain to the attorney general's office Tuesday complain to the attorney general's office Tuesday after finding after finding hidden microphones believed to have hidden microphones believed to have been used to spy on the lower house of Congress.been used to spy on the lower house of Congress.• `The listening devices were found "in quite a lot of offices, `The listening devices were found "in quite a lot of offices,

listening to and checking the activities of lawmakers," said listening to and checking the activities of lawmakers," said Armando Rios Piter, president of the house's political Armando Rios Piter, president of the house's political coordination committee, on Televisa channel.coordination committee, on Televisa channel.

It was It was unclear who was responsible unclear who was responsible but lawmakers but lawmakers would release further information when possible, a would release further information when possible, a statement from the lower chamber said.statement from the lower chamber said.

Mexico’s Judicial BranchMexico’s Judicial Branch The judicial branch of the Mexican government is The judicial branch of the Mexican government is

divided into federal and state systems.divided into federal and state systems. Mexico's highest court is the Supreme Court of Mexico's highest court is the Supreme Court of

JusticeJustice, located in Mexico City. , located in Mexico City. • It consists of twenty-one magistrates and five auxiliary It consists of twenty-one magistrates and five auxiliary

judges, all appointed by the president and confirmed by judges, all appointed by the president and confirmed by the Senate or the Permanent Committee.the Senate or the Permanent Committee.

Mexican supreme court justices Mexican supreme court justices must be Mexican must be Mexican citizens by birth, thirty-five to sixty-five years old, citizens by birth, thirty-five to sixty-five years old, and must have resided in Mexico and held a law and must have resided in Mexico and held a law degree degree during the five years preceding their during the five years preceding their nomination.nomination.

Mexican Judicial SystemMexican Judicial System Spanish law with a sprinkling of U.S. Spanish law with a sprinkling of U.S.

common lawcommon law Court system is elaborateCourt system is elaborate

• Supreme Court Supreme Court 21 Justices 21 Justices 4 Chambers 4 Chambers Highly politicized!! Highly politicized!!

Corruption has always infiltrated the Corruption has always infiltrated the systemsystem

• Drug trade pays off in many casesDrug trade pays off in many cases

What major institution What major institution holds the key in Mexico?holds the key in Mexico? Political Parties AND The Political Parties AND The

Executive BranchExecutive Branch Since 1917, control of Mexico was linked to Since 1917, control of Mexico was linked to

political party political party • PRI 1917-2000PRI 1917-2000

2000 and beyond2000 and beyond• Uncertainty Uncertainty

What major institution What major institution holds the key in Iran?holds the key in Iran?

What major institution What major institution holds the key in Iran?holds the key in Iran?

Islamic Law!!!Islamic Law!!! The delicate melding of a The delicate melding of a

theocracy and a democracytheocracy and a democracy

An Islamic RepublicAn Islamic Republic Iran is a Iran is a constitutional Islamic republicconstitutional Islamic republic with with

a theocratic system of government where a theocratic system of government where ultimate political authority is vested in a ultimate political authority is vested in a learned religious scholar, the Supreme learned religious scholar, the Supreme Leader. Leader.

Shia IslamShia Islam is the official religion of Iran, is the official religion of Iran, and Islamic law is the basis of the authority and Islamic law is the basis of the authority of the state. of the state.

The Iranian Constitution The Iranian Constitution guarantees guarantees freedom of worship to Jews, Christians and freedom of worship to Jews, Christians and ZoroastriansZoroastrians, though they are sometimes , though they are sometimes the subject of discrimination and the subject of discrimination and repression. repression.

Iran – A Theocratic DemocracyIran – A Theocratic Democracy Theocracy versus DemocracyTheocracy versus Democracy

• A theocracy needs a belief system intactA theocracy needs a belief system intact• A democracy believes in co-existence A democracy believes in co-existence

between diverse groups.between diverse groups.• Democracies think anybody can become Democracies think anybody can become

an elitean elite• Theocracies promote religious elites. Theocracies promote religious elites.

Iranian sovereignty needs both Iranian sovereignty needs both democratic ideals and theocratic democratic ideals and theocratic conformityconformity

• An intense complicated relationship!An intense complicated relationship!

Iranian InstitutionsIranian Institutions

A mixture of Persian culture and A mixture of Persian culture and Islam’s plethora of assembliesIslam’s plethora of assemblies

• Many parallel organizations – Political Many parallel organizations – Political and religious centered.and religious centered.

Clerics and Revolutionary Guard Clerics and Revolutionary Guard watches the army and vice versa.watches the army and vice versa.

So who rules?So who rules?• That depends on what the decision is That depends on what the decision is

and the timingand the timing

http://news.bbc.co.uk/2/shared/spl/hi/middle_east/03/iran_power/html/default.stm

Executive BranchExecutive Branch PresidentPresident

• A universally elected A universally elected office holder.office holder.

He needs a majority He needs a majority votevote

• Term – four year with Term – four year with two term limittwo term limit

• PowersPowers Selects cabinet Selects cabinet

membersmembers Presents legislationPresents legislation But shares rule with But shares rule with

Supreme LeaderSupreme Leader

Iranian Supreme LeaderIranian Supreme Leader Chosen by the Assembly of Chosen by the Assembly of

Religious ExpertsReligious Experts. . Trustee of communityTrustee of community

• Ensures that all laws Ensures that all laws conform to Islam.conform to Islam.

Can overrule and dismiss Can overrule and dismiss PresidentPresident

• Appoints head of judiciary Appoints head of judiciary and ½ of the members of and ½ of the members of the Guardian Councilthe Guardian Council

• Names top military Names top military commanders.commanders.

Once, the highest ranking Once, the highest ranking cleric, today and cleric, today and “established” member of the “established” member of the clergy.clergy.

So…who’s in So…who’s in Charge??Charge??

The Guardian CouncilThe Guardian Council 12 member council (6-yr 12 member council (6-yr

term) that can veto term) that can veto legislation when it runs legislation when it runs counter to Islamic dogma. counter to Islamic dogma.

• Theoretically, an upper Theoretically, an upper house of parliament.house of parliament.

• Screens all political Screens all political candidates.candidates.

CompositionComposition• Six clerics and six lawyers Six clerics and six lawyers

who are selected by who are selected by judiciary w/ approval by judiciary w/ approval by ParliamentParliament

Assembly of Religious ExpertsAssembly of Religious Experts Popularly elected Popularly elected

but must possess but must possess cleric pedigree. cleric pedigree.

• Composed by 86 Composed by 86 men who drafted men who drafted 1979 Iranian 1979 Iranian Constitution.Constitution.

Evaluates Evaluates performance of performance of Supreme LeaderSupreme Leader

Expediency CouncilExpediency Council PurposePurpose

• Maintain the public interest (maslahat) of the state.Maintain the public interest (maslahat) of the state. Serves as an advisory body to the Supreme Leader, Serves as an advisory body to the Supreme Leader,

making it one of the most powerful governing making it one of the most powerful governing bodies in the country. bodies in the country. • Institution created in 1988Institution created in 1988• 32 political personalities who resolve disputes . 32 political personalities who resolve disputes . • A co-democratic, co-theological body. A co-democratic, co-theological body. • 3 year term 3 year term

Comprised of Comprised of • 3 government leaders3 government leaders• 6 Guardians6 Guardians• 23 Supreme Leader appointees 23 Supreme Leader appointees

Has the authority to mediate disputes between Has the authority to mediate disputes between Majles and the Council of GuardiansMajles and the Council of Guardians

Iranian Legislative BranchIranian Legislative Branch Majles- Islamic Consultative Majles- Islamic Consultative

AssemblyAssembly• 290 deputies290 deputies• UnicameralUnicameral• Four year term by direct and secret Four year term by direct and secret

ballot.ballot. Feisty political arena that has Feisty political arena that has

taken on a non-clerical taken on a non-clerical representationrepresentation

Purpose is to Purpose is to make statutesmake statutes, not , not shari’a. shari’a.

• Investigative body- Investigative body- • Selects 6 of 12 members of Guardian Selects 6 of 12 members of Guardian

Council.Council. Can remove cabinet members w/ Can remove cabinet members w/

vote of no confidence. . .vote of no confidence. . .except except President!!President!!

Iranian Judicial BranchIranian Judicial Branch Conservative bodyConservative body

• Institutes censorship Institutes censorship Supreme Leader appoints head of Supreme Leader appoints head of

judiciaryjudiciary• A clericA cleric

Clerics interpret lawClerics interpret law• Shari’a is dominant. Shari’a is dominant.

Penal CodePenal Code• Retribution lawRetribution law

But state interests have intervened to But state interests have intervened to temper zealous judicial clerics.temper zealous judicial clerics.

• Imprisonment has replaced corporal Imprisonment has replaced corporal punishment as sentencing of choice.punishment as sentencing of choice.

Hezbollahs and Bazaari’sHezbollahs and Bazaari’s establish establish vigilante justice vigilante justice

Iranian BureaucracyIranian Bureaucracy Controlled by Controlled by

presidentpresident• Nationalized Nationalized

industry, industry, including oilincluding oil..

Learning Islam is Learning Islam is a way into the a way into the budgetary budgetary coffers. coffers.

• Senior ministries Senior ministries are dominated by are dominated by clericsclerics

2008-09 Budget2008-09 Budget

Iran's parliament has approved a bigger budget for 2008-09 totaling the equivalent of $310 billion, despite fears this will further stoke inflation in OPEC's second biggest producer.

Each US dollar has been calculated at 9,095 rials.

Iranian MilitaryIranian Military The Iranian military is The Iranian military is

a a Pahlavi institutionPahlavi institution (named for the Shah)(named for the Shah)

The Supreme Leader The Supreme Leader dictates this group. dictates this group.

Revolutionary GuardsRevolutionary Guards keep a close eye and keep a close eye and “protects” the Republic“protects” the Republic

The Iranian military The Iranian military protects the bordersprotects the borders• A strange relationship!A strange relationship!

The Revolutionary GuardThe Revolutionary Guard The The Iranian Revolutionary Guard was formed in Iranian Revolutionary Guard was formed in

May 1979May 1979, almost immediately after the revolution, almost immediately after the revolution It was set up by the then Supreme Leader It was set up by the then Supreme Leader

Ayatollah Khomeini to be the guardian of the Ayatollah Khomeini to be the guardian of the revolution.revolution.

The The Revolutionary Guard was supposed to be a Revolutionary Guard was supposed to be a people's armypeople's army and was supposed to mobilize the and was supposed to mobilize the people of Iran in front of any foreign attacks to people of Iran in front of any foreign attacks to Iran.Iran.

Now the Now the Revolutionary Guard is something like a Revolutionary Guard is something like a political partypolitical party::• Have 80 seats in the parliamentHave 80 seats in the parliament• Have more than half of the members of the cabinet. Have more than half of the members of the cabinet. • Like the KGB because they have secret servicesLike the KGB because they have secret services• Like a cartel or trust.Like a cartel or trust.

What major institution What major institution holds the key in Nigeria?holds the key in Nigeria?

Religious Demography and Religious Demography and DiversityDiversity

Religion has always played a major Religion has always played a major role in Nigerian society, where there role in Nigerian society, where there is a strong relation between ethnic is a strong relation between ethnic and religious identity. and religious identity. • Muslims account for nearly 50 percent of Muslims account for nearly 50 percent of

the population.the population.• Approximately 40 percent of Nigerians Approximately 40 percent of Nigerians

are Christiansare Christians• The remaining 10 percent practice The remaining 10 percent practice

indigenous beliefsindigenous beliefs

Religious Demography and Religious Demography and DiversityDiversity

IslamIslam largely dominates the country's largely dominates the country's northern region, home of the Hausa and northern region, home of the Hausa and Fulani ethnic groups. Fulani ethnic groups.

ChristianityChristianity is the prevalent religion in the is the prevalent religion in the south among the south among the Yoruba and IgboYoruba and Igbo tribes, tribes, although the southwesterly Yorubaland although the southwesterly Yorubaland contains a more diverse group of religions.contains a more diverse group of religions.

The The mid-section mid-section of Nigeria remains mostly of Nigeria remains mostly neutral, with neither religion a majority.neutral, with neither religion a majority.

Nigerian InstitutionsNigerian Institutions An excellent model of An excellent model of presidentialism,presidentialism,

be it a military leader be it a military leader (or an (or an occasionaloccasional democratic-elected leader). democratic-elected leader).

• Legislatures often discarded by military Legislatures often discarded by military leaders.leaders.

Once a parliamentary system following Once a parliamentary system following the GB’s unitary waysthe GB’s unitary ways

• Now a Now a federal systemfederal system following the following the U.S.’s presidential modelU.S.’s presidential model

It is now the It is now the Fourth Republic Fourth Republic derived from derived from the ethnic hierarchies prevalent through the ethnic hierarchies prevalent through out Nigeria.out Nigeria.

The ExecutiveThe Executive North has dominated North has dominated

Executive branch since the Executive branch since the end of colonial periodend of colonial period

Ethnic Pluralism has hampered Ethnic Pluralism has hampered central presidential rulecentral presidential rule

Creating Presidential Zones Creating Presidential Zones (zoning out) has been offered (zoning out) has been offered as an alternative but “rent-as an alternative but “rent-seeking” might interfereseeking” might interfere

Politicians seek personal gain Politicians seek personal gain from powerful positions. from powerful positions.

The PresidentThe President Popularly elected head of Popularly elected head of

state and governmentstate and government• ““Protector of Last ResortProtector of Last Resort” ” • Also commander in chief.Also commander in chief.• Term – 4 yrs w/ two term limit.Term – 4 yrs w/ two term limit.

FunctionsFunctions• Ceremonial and AdministrativeCeremonial and Administrative• Appoints ministers (w/ Senate Appoints ministers (w/ Senate

confirmation) but must confirmation) but must represent all 36 states.represent all 36 states.

Federal Executive Federal Executive CommitteeCommittee

• Ensures all laws are enacted Ensures all laws are enacted nationwidenationwide

President / Head Of StatePresident / Head Of State Duration Of TermDuration Of Term Alhaji Abubakar Tafawa Balewa 1960 - 1966 Alhaji Abubakar Tafawa Balewa 1960 - 1966 Chief Benjamin Nnamdi Azikiwe October 1, 1963 – Chief Benjamin Nnamdi Azikiwe October 1, 1963 –

January 16, 1966 January 16, 1966 Major General Johnson Thomas Umunnakwe Aguiyi Major General Johnson Thomas Umunnakwe Aguiyi

Ironsi January 16, 1966 – July 29, 1966Ironsi January 16, 1966 – July 29, 1966 General Yakubu Gowon August 1, 1966 – July 29, General Yakubu Gowon August 1, 1966 – July 29,

1975 1975 General Murtala Ramat Mohammed July 29, 1975 – General Murtala Ramat Mohammed July 29, 1975 –

February 13, 1976 February 13, 1976 General Olusegun Aremu Okikiola Matthew General Olusegun Aremu Okikiola Matthew

Obasanjo February 13, 1976 – October 1, 1979 Obasanjo February 13, 1976 – October 1, 1979 Shehu Usman Aliyu Shagari October 1, 1979 – Shehu Usman Aliyu Shagari October 1, 1979 –

December 31, 1983 December 31, 1983 Major-General Muhammadu Buhari December 31, Major-General Muhammadu Buhari December 31,

1983 – August 27, 1985 1983 – August 27, 1985

President / Head Of StatePresident / Head Of State Duration Of TermDuration Of Term

General Ibrahim Badamasi Babangida August 27, General Ibrahim Badamasi Babangida August 27, 1985 – August 27, 19931985 – August 27, 1993

Chief Ernest Adegunle Oladeinde Shonekan August Chief Ernest Adegunle Oladeinde Shonekan August 26, 1993 – November 17, 1993 26, 1993 – November 17, 1993

General Sani Abacha November 17, 1993 – June 8, General Sani Abacha November 17, 1993 – June 8, 1998 1998

General Abdulsalami Alhaji Abubakar (rtd.) June 9, General Abdulsalami Alhaji Abubakar (rtd.) June 9, 1998 – May 29, 1999 1998 – May 29, 1999

General (rtd.) Olusegun Aremu Okikiola Matthew General (rtd.) Olusegun Aremu Okikiola Matthew Obasanjo May 29, 1999 – May 29, 2007 Obasanjo May 29, 1999 – May 29, 2007

Umaru Musa Yar'Adua 29 May 2007 – May 2010Umaru Musa Yar'Adua 29 May 2007 – May 2010 Goodluck Jonathan May 2010-present Goodluck Jonathan May 2010-present

The 6 Nigerian Geopolitical The 6 Nigerian Geopolitical ZonesZones

1.1. North-Central North-Central Benue, Kogi, Kwara, Benue, Kogi, Kwara,

Nasarawa, Niger, Plateau, Nasarawa, Niger, Plateau, and Federal Capital and Federal Capital Territory, Abuja. Territory, Abuja.

2.2. North-EasternNorth-Eastern Adamawa, Bauchi, Borno, Adamawa, Bauchi, Borno,

Gombe, Taraba and Yobe. Gombe, Taraba and Yobe. 3.3. North-WesternNorth-Western

Jigawa, Kaduna, Kano, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Katsina, Kebbi, Sokoto and Zamfara. Zamfara.

4.4. South-EasternSouth-Eastern Abia, Anambra, Ebonyi, Abia, Anambra, Ebonyi,

Enugu, and Imo. Enugu, and Imo. 5.5. South-SouthSouth-South

Akwa Ibom, Bayelsa, Cross Akwa Ibom, Bayelsa, Cross River, Delta, Edo and Rivers. River, Delta, Edo and Rivers.

6.6. South-WesternSouth-Western Ekiti, Lagos, Ogun, Ondo, Ekiti, Lagos, Ogun, Ondo,

Osun and Oyo. Osun and Oyo.

Power of the North-Central and Power of the North-Central and North West ZonesNorth West Zones

The North-Central ZoneThe North-Central Zone• Generals Yakubu GowonGenerals Yakubu Gowon• General Ibrahim Babangida General Ibrahim Babangida • General Abdusalam AbubakarGeneral Abdusalam Abubakar

North-West ZoneNorth-West Zone• General Murtala MohammedGeneral Murtala Mohammed• General Muhammadu BuhariGeneral Muhammadu Buhari• General Sani AbachaGeneral Sani Abacha• General Alhaji Shehu ShagariGeneral Alhaji Shehu Shagari• President Umaru Musa Yar'Adua. President Umaru Musa Yar'Adua.

Proposed Constitutional Proposed Constitutional Rotation of OfficesRotation of Offices

The following 6 offices shall rotate among the six The following 6 offices shall rotate among the six geo-political zonesgeo-political zones • The office of the PresidentThe office of the President• The office of the Vice PresidentThe office of the Vice President• The office of the Prime MinisterThe office of the Prime Minister• The office of the Deputy Prime Minister The office of the Deputy Prime Minister • The office of the President of the SenateThe office of the President of the Senate• The office of the Speaker of the House of Representatives. The office of the Speaker of the House of Representatives.

Had the above provisions been incorporated in the 1999 Had the above provisions been incorporated in the 1999 Constitution, two of the six geopolitical zones would already Constitution, two of the six geopolitical zones would already have produced a President of Nigeria and a third zone would have produced a President of Nigeria and a third zone would have been looking forward to producing the President in the have been looking forward to producing the President in the next dispensation. next dispensation.

The present controversy or argument as to which The present controversy or argument as to which geopolitical zone or group of geopolitical zones or region geopolitical zone or group of geopolitical zones or region should present the President would have been more should present the President would have been more manageable. manageable.

The ExecutiveThe Executive Under Nigeria’s federal system, Under Nigeria’s federal system, states states

receive large shares of the nation’s oil receive large shares of the nation’s oil revenuesrevenues and have budgets rivaling and have budgets rivaling those of other African nations. those of other African nations.

Those budgets can prove to be Those budgets can prove to be tempting targets for tempting targets for graft in Nigeriagraft in Nigeria, a , a West African nation consistently West African nation consistently ranked as having one of the most ranked as having one of the most corrupt governments in the world corrupt governments in the world

President Jonathan dealing with President Jonathan dealing with terrorists in January 2012terrorists in January 2012

• President Goodluck Jonathan made a trip President Goodluck Jonathan made a trip to Kano following the devastating bomb to Kano following the devastating bomb attacks by attacks by Boko HaramBoko Haram, , which left more which left more than 150 people dead.than 150 people dead.

He went to the military hospital and also He went to the military hospital and also met the Emir of Kano and promised to met the Emir of Kano and promised to defeat the perpetrators of the attacks on defeat the perpetrators of the attacks on the city.the city.

The militant Islamist group says it was The militant Islamist group says it was responsible for the attack. responsible for the attack.

http://www.bbc.co.uk/news/world-africa-16673548

Nigerian Legislature- Nigerian Legislature- The National AssemblyThe National Assembly

National Assembly is bicameralNational Assembly is bicameral (U.S. model) (U.S. model)• Senate – 109; 3 per state + 1 Fed CapSenate – 109; 3 per state + 1 Fed Cap• House – 360 reps House – 360 reps • Male dominated bodyMale dominated body

Both Both Popularly electedPopularly elected w/ 4 yr terms w/ 4 yr terms• It approves the budgetIt approves the budget

• It can invoke impeachment proceedings.It can invoke impeachment proceedings. Passes laws w/ assistance from PresidentPasses laws w/ assistance from President

• Not a divided governmentNot a divided government• President is patron of the Executive Branch, President is patron of the Executive Branch,

who disperses the budget. who disperses the budget. (This body is seeking legitimacy and a purpose !)

Nigerian Judicial BranchNigerian Judicial Branch Hierarchy of courts with Supreme Hierarchy of courts with Supreme

Court at the topCourt at the top• Follows British model.Follows British model.• Common law courts AND Shari’a courtsCommon law courts AND Shari’a courts

ProblemsProblems• Political appointees can rob the Political appointees can rob the

judiciary of its independence. judiciary of its independence. • Military tribunalsMilitary tribunals have circumvented have circumvented

the legal process, belittling the concept the legal process, belittling the concept of “rule of law”. of “rule of law”.

Nigerian MilitaryNigerian Military An intimidating national force. An intimidating national force.

• Six of 13 rulersSix of 13 rulers have been Generals have been Generals A great deal of ethnic based patronage, A great deal of ethnic based patronage,

pacifies the pluralism.pacifies the pluralism.• Almost more effective than political Almost more effective than political

parties in gaining support.parties in gaining support. Been involved recently in peacekeeping Been involved recently in peacekeeping

operations in and around Africa. operations in and around Africa. Is it the only institution that works?Is it the only institution that works?

What major institution What major institution holds the key in Nigeria?holds the key in Nigeria?

The Military!!!The Military!!!

What major institution What major institution holds the key in Russia?holds the key in Russia?

What major institution What major institution holds the key in Russia?holds the key in Russia?

The Executive!!The Executive!!• FYI, as in most FYI, as in most

authoritarian authoritarian societies controlling societies controlling the the MilitaryMilitary is key is key to maintaining to maintaining control in Russiacontrol in Russia

Executive BranchExecutive Branch ““FEDERAL” system FEDERAL” system – created in 1991– created in 1991

• Really a Really a Unitary system with a Unitary system with a federal titlefederal title

• Original the constitution provided Original the constitution provided “dual leadership” between the “dual leadership” between the Federal Assembly and the Federal Assembly and the President. President.

Like France, Like France, Russia’s government Russia’s government has a prime minister who is selected has a prime minister who is selected by the by the presidentpresident to rule the Federal to rule the Federal Assembly. Assembly.

Executive BranchExecutive Branch The The winning candidate requires an absolute winning candidate requires an absolute

majority of the total votemajority of the total vote. . • If no candidate secures this majority in the first-If no candidate secures this majority in the first-

round ballot, then a round ballot, then a second-round run off election second-round run off election must be held three weeks later must be held three weeks later in which the only in which the only contestants are the two front-running candidates contestants are the two front-running candidates in the first round.in the first round.

• The first President of RussiaThe first President of Russia, Boris N. Yeltsin , Boris N. Yeltsin was was elected on June 12, 1991, by the elected on June 12, 1991, by the nation-wide nation-wide vote, vote, and on July 10 was inducted into office. and on July 10 was inducted into office.

• In 2000In 2000, Vladimir Putin, Vladimir Putin, was elected by the , was elected by the nation-wide vote and was sworn in again on May nation-wide vote and was sworn in again on May 7, 2004.7, 2004.

President of Russia Terms and President of Russia Terms and QualificationsQualifications

Originally limited to two 4-year termsOriginally limited to two 4-year terms Now limited to Now limited to two 6-year termstwo 6-year terms A candidate for president must be a A candidate for president must be a

citizen of Russia, at least citizen of Russia, at least thirty-five thirty-five years of age, and a resident of the years of age, and a resident of the country for at least ten years.country for at least ten years.

If a president becomes unable to If a president becomes unable to continue in office because of health continue in office because of health problems, resignation, impeachment, or problems, resignation, impeachment, or death, a death, a presidential election is to be presidential election is to be held not more than three months later. held not more than three months later. • In such a situation, the Federation Council is In such a situation, the Federation Council is

empowered to set the election date.empowered to set the election date.

http://www.russiavotes.org/president/presidency_electoral_system.php

http://rt.com/politics/russia-nominates-presidential-candidate-303/

Executive BranchExecutive Branch

President -- supported by strong militaryPresident -- supported by strong military• Government requires the confidence of the Government requires the confidence of the

Parliament/Duma Parliament/Duma • President President appoints Prime Minister appoints Prime Minister w/ approval w/ approval

of Duma. of Duma. If Duma doesn’t approve after 3 attemptsIf Duma doesn’t approve after 3 attempts Dissolve Duma and hold new elections. Dissolve Duma and hold new elections.

http://rt.com/politics/official-word/putin-q-and-a-annual-session-785/

The Russian CabinetThe Russian Cabinet The constitution prescribes that the The constitution prescribes that the

Government of Russia, which Government of Russia, which corresponds to the Western cabinet corresponds to the Western cabinet structure, consist of structure, consist of a prime minister a prime minister (chairman of the Government), deputy (chairman of the Government), deputy prime ministers, and federal ministers prime ministers, and federal ministers and their ministries and departments. and their ministries and departments.

Within Within one week of appointment one week of appointment by the by the president and approval by the State president and approval by the State Duma, the prime minister must submit to Duma, the prime minister must submit to the president nominations for all the president nominations for all subordinate Government positions, subordinate Government positions, including deputy prime ministers and including deputy prime ministers and federal ministers. federal ministers.

Executive Powers: RussiaExecutive Powers: Russia PM and President relationship is a PM and President relationship is a

variable and flexible situation. variable and flexible situation. • PM handles economicsPM handles economics• President handles foreign President handles foreign

policy initiatives and policy initiatives and security.security.

Council of Ministers handles Council of Ministers handles every day affairs and is run by every day affairs and is run by

premierpremier..http://www.guardian.co.uk/news/datablog/interactive/2012/mar/05/russia-election-results-map

Executive BranchExecutive Branch Parliament can issue a Parliament can issue a ““no vote no vote

of confidence.”of confidence.” • If it happens twice, President If it happens twice, President

can dissolve Duma and hold can dissolve Duma and hold new electionsnew elections

****President cannot dissolve a President cannot dissolve a Duma that has issued an Duma that has issued an impeachment vote, OR within impeachment vote, OR within one year of election.one year of election.

http://rt.com/politics/official-word/medvedev-address-federal-assembly-moscow-355/

The Russian BureaucracyThe Russian Bureaucracy Typical bureaucratic hierarchy Typical bureaucratic hierarchy

• But the But the Oligarchs Oligarchs attempt to subvert!attempt to subvert! Party and Government were together Party and Government were together

under Soviet System under Soviet System BUT NOWBUT NOW patronagepatronage gives advantages to those gives advantages to those in power. in power. • Party provides leadershipParty provides leadership• Government administrates and Government administrates and

implements policyimplements policy• KGB (Now its the SVB) has watchdog KGB (Now its the SVB) has watchdog

committees in place to overseecommittees in place to oversee• The Rule of Law is used to reflect The Rule of Law is used to reflect party party

lineline

Russia’s Legislative BranchRussia’s Legislative Branch The Federal Assembly The Federal Assembly (led by party factions)(led by party factions) Uses a Uses a Bicameral SystemBicameral System

• State Duma (Lower House) 450 membersState Duma (Lower House) 450 members Originates most legislation Originates most legislation Led by Council of Duma. Led by Council of Duma. State Duma can override Federation chamber State Duma can override Federation chamber

with 2/3 vote. with 2/3 vote. • Council of Federation (Upper House)Council of Federation (Upper House)

Council of Federation is represented with at Council of Federation is represented with at least two deputiesleast two deputies

Population determines membership.. Population determines membership.. Checks the State DumaChecks the State Duma

• Tax and budget preparerTax and budget preparer• Receives bills from State DumaReceives bills from State Duma

State Duma (Lower House) State Duma (Lower House) 1.1. Beginning with the 2007 election, Beginning with the 2007 election, all 450 Duma all 450 Duma

members are elected on party lists in a single nationwide members are elected on party lists in a single nationwide constituency constituency under proportional representation (Art. 3). under proportional representation (Art. 3). (This replaces the mixed-member system which existed (This replaces the mixed-member system which existed from 1993 to 2003).from 1993 to 2003).

2.2. Following an amendment to the law in spring 2009, Following an amendment to the law in spring 2009, parties winning more than 5% but less than 6% get one parties winning more than 5% but less than 6% get one seat eachseat each; parties with more than 6% but less than 7% ; parties with more than 6% but less than 7% get two seats each. These seats are allocated before get two seats each. These seats are allocated before distributing the remaining seats to parties passing the distributing the remaining seats to parties passing the 7% threshold.7% threshold.

3.3. There is There is no minimum turnout for a valid electionno minimum turnout for a valid election. In . In previous Duma elections, it was 25 percentprevious Duma elections, it was 25 percent

4.4. Only Only political parties registered as such under the parties political parties registered as such under the parties law of 11 June 2001 are allowed to put up candidateslaw of 11 June 2001 are allowed to put up candidates, , although up to 50% of each list can be made up by although up to 50% of each list can be made up by candidates who are not members of the party candidates who are not members of the party concerned. concerned. http://www.russiavotes.o

rg/duma/duma_election_law.php

Council of Federation (Upper House)Council of Federation (Upper House)

178 Members 178 Members (2 Representatives (2 Representatives from each of Russia’s 89 Oblastsfrom each of Russia’s 89 Oblasts• The Federation Council The Federation Council approves approves

draft laws passed by the Duma. draft laws passed by the Duma. • It has It has the right to vote down a the right to vote down a

law law and send it back to the Duma and send it back to the Duma for reconsideration up to three for reconsideration up to three times.times.

• If the Duma does not wish to If the Duma does not wish to reconsider the law it can reconsider the law it can bypass bypass the council with a two thirds the council with a two thirds majority vote.majority vote.

Russia- Judicial SystemRussia- Judicial System UnitaryUnitary system of law system of law

• Presidential Presidential authority is an issue. authority is an issue.

Constitutional CourtConstitutional Court has has Judicial ReviewJudicial Review over constitutional over constitutional issuesissues

• Supreme CourtSupreme Court cannot challenge cannot challenge constitutionality . . .constitutionality . . .no judicial reviewno judicial review

Russian Judicial SystemRussian Judicial System The system of general jurisdiction courts includesThe system of general jurisdiction courts includes

• the Supreme Court of the Russian Federation the Supreme Court of the Russian Federation • regional level courtsregional level courts• district level courtsdistrict level courts• justices of the peace.justices of the peace.

The federal judicial institutions are the The federal judicial institutions are the Constitutional Court, the Supreme Court, and the Constitutional Court, the Supreme Court, and the Superior Court for Arbitration.Superior Court for Arbitration.

Judges of those courts serve for life. Judges of those courts serve for life. The Federation Council appoints all federal judges The Federation Council appoints all federal judges

on the recommendation of the president. on the recommendation of the president.

Russian Minister of JusticeRussian Minister of Justice Currently, Presidential decrees Currently, Presidential decrees (ukazy)(ukazy) are are

common but…common but…• Advocacy lawyers getting better. Advocacy lawyers getting better. • Statutory reforms are getting betterStatutory reforms are getting better• Secret police still prevalentSecret police still prevalent

Russian law gives unlimited authority to the Russian law gives unlimited authority to the head of its judiciary to strike down any head of its judiciary to strike down any legislation it determines to be unconstitutionallegislation it determines to be unconstitutional

Those judges are position currently elected by Those judges are position currently elected by secret ballot secret ballot

• A proposal under discussion inside the Kremlin would A proposal under discussion inside the Kremlin would make the head judge an appointment of parliament, make the head judge an appointment of parliament, potentially subjecting it to the political whims of potentially subjecting it to the political whims of powerful politicians and less able to provide a check powerful politicians and less able to provide a check against government overreach. against government overreach.

Which of the six Which of the six government performs government performs

this task the best?this task the best? DefinitionDefinition

• The Rule of LawThe Rule of Law • A neutral device to mediate disputes A neutral device to mediate disputes

between citizens and that also holds between citizens and that also holds the government accountable and the government accountable and responsibleresponsible

Great BritainGreat Britain

1.1. Tradition of consensual ruleTradition of consensual rule2.2. Establishing civil rights for its people. Establishing civil rights for its people. 3.3. ““Going Public” keeps Govt honest- Going Public” keeps Govt honest-

Question HourQuestion Hour4.4. Allows minority dissentAllows minority dissent5.5. Ombudsman promote oversightOmbudsman promote oversight6.6. Trusteeship of government Trusteeship of government 7.7. Anti-social crimes, not anti-political except Anti-social crimes, not anti-political except

for Ireland.for Ireland.8.8. “ “The need to know still dominates right to The need to know still dominates right to

know”know”

China China 1.1. Evolving criminal system as laws attempt Evolving criminal system as laws attempt

to keep up with market society.to keep up with market society.

2.2. Discipline commissions politically oriented. Discipline commissions politically oriented. Law is not neutralLaw is not neutral

3.3. Reliance on military to keep the peaceReliance on military to keep the peace

4.4. Law is often seen as bourgeoisie.Law is often seen as bourgeoisie.

5.5. Relies heavily on capital punishment.Relies heavily on capital punishment.• Verdict first, trial second. . .Verdict first, trial second. . .• Many political prisoners.Many political prisoners.

MexicoMexico1.1. Co-optation systemCo-optation system ( (political appointments)political appointments)

promotes corruptionpromotes corruption2.2. Single party to multiple parties has caused Single party to multiple parties has caused

problems with systemproblems with system3.3. Bribes known as the Bribes known as the Mordida (Mordida (the bitethe bite)) needs to needs to

be replaced by decent wages.be replaced by decent wages.4.4. Drug wars and organized crime is skyrocketingDrug wars and organized crime is skyrocketing5.5. Public security is non-existentPublic security is non-existent6.6. Supreme Court justices can only serve for 15 Supreme Court justices can only serve for 15

yearsyears7.7. Not a government of laws. . . but of menNot a government of laws. . . but of men8.8. Poverty promotes corruption and depraved Poverty promotes corruption and depraved

environmentenvironment

IranIran1.1. Constitutionally based.Constitutionally based.2.2. Elaborate judicial systemElaborate judicial system3.3. The Supreme Leader appoints the head of The Supreme Leader appoints the head of

the Judiciary, who in turn appoints the the Judiciary, who in turn appoints the head of the supreme court and the chief head of the supreme court and the chief public prosecutor. public prosecutor.

4.4. The Supreme Court’s rulings are final and The Supreme Court’s rulings are final and cannot be appealed cannot be appealed

5.5. Common law is finding a foundation as Common law is finding a foundation as the society develops. the society develops.

6.6. A Shar'ia-dominated justice system has A Shar'ia-dominated justice system has spurned westernization. spurned westernization.

NigeriaNigeria1.1. Rule of men is dominant political force.Rule of men is dominant political force.2.2. The president used to be the head of the The president used to be the head of the

supreme courtsupreme court3.3. The first court with no ties to colonial era was The first court with no ties to colonial era was

created in 1973created in 19734.4. Constitution in 1999 created an “Constitution in 1999 created an “independent independent

court systemcourt system” with independent but appointed ” with independent but appointed justicesjustices

5.5. Elaborate court system leaves open rule of law Elaborate court system leaves open rule of law options options

• If current elected president can rid the system of graft If current elected president can rid the system of graft and corruption and military stays out of politics. and corruption and military stays out of politics.

6.6. Redistribution of the wealth creates a middle Redistribution of the wealth creates a middle class.class.

7.7. Hopes for a future when ethnic pluralism can be Hopes for a future when ethnic pluralism can be overcome by nationalistic tendencies.overcome by nationalistic tendencies.

RussiaRussia

1.1. A constitution that is slowly evolving.A constitution that is slowly evolving.2.2. Authoritarian government prevails.Authoritarian government prevails.3.3. Power struggles and even violence can Power struggles and even violence can

dominate political decisions.dominate political decisions.4.4. Constitutional Court (19) - Referees Constitutional Court (19) - Referees

conflicts w/ President and Dumaconflicts w/ President and Duma5.5. Functioning electoral process (Duma)Functioning electoral process (Duma)

Multiple partiesMultiple parties6.6. ““ProcuracyProcuracy” – Federal bureaucrats ran the ” – Federal bureaucrats ran the

to commercial courts to commercial courts Elaborate judicial process left over from Soviet-Elaborate judicial process left over from Soviet-

eraera7.7. New law codes promoting civil rights.New law codes promoting civil rights.

Assigned ResearchAssigned Research

Compare and contrastCompare and contrast• the political power of the Executive Branchthe political power of the Executive Branch• WITH WITH the restraints on the exercise of the restraints on the exercise of

executive powerexecutive power in your assigned in your assigned country.country.

You must include reference to You must include reference to institutional and non-institutional institutional and non-institutional factors that enhance or limit the power factors that enhance or limit the power of different executives.of different executives.