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KLE LAW ACADEMY BELAGAVI
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College, Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
POLITICAL SCIENCE-4: MAJOR WORLD
GOVERNMENTS
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by
Mr. Madhusudhan, Asst. Prof.
KLE Society’s Law College, Bengaluru
This study material is intended to be used as supplementary material to the online classes and recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation for their examinations. Utmost care has been taken to ensure the accuracy of the content. However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject. This is a compilation and the authors take no credit for the originality of the content. Acknowledgement, wherever due, has been provided.
KLE SOCIETYS LAW COLLEGE BENGALURU
POLITICAL SCIENCE – IV
MODERN WORLD GOVERNMENTS
II BA LLB A & B SECTIONS
UNIT 1
UNITED KINGDOM - Brief History, Introduction, nature, sources, importance; Rule of Law. EXECUTIVE- The Chief Executive, King & Crown. Political Executive, Prime Minister & Council of Ministers & its functions. LEGISLATURE - Bi-cameral, Composition, Powers & functions. JUDICIARY- Rule of Law, composition & its functions. POLITICAL PARTIES- Organisation & its function. UNIT II UNITED STATES OF AMERICA- A brief history- A federal constitution. THE AMERICAN FEDERATION- Division of Powers, Amendment Procedure. THE CHIEF EXECUTIVE & VP - Real Executive, elections, tenure & functions; Vice President selection & role. THE CONGRESS- The Senate & The House of Representatives FEDERAL JUDICIARY- Organization, Powers & functions. POLITICAL PARTIES- Organization & functions UNIT III SWITZERLAND -Introduction, Features THE FEDERAL EXECUTIVE -The Federal council, selection, tenure & role. FEDERAL LEGISLATURE- Bicameral, composition powers & functions. FEDERAL JUDICIARY- Federal tribunal selection, tenure, organization, powers & functions. DIRECT DEMOCRACY- Methods of working. UNIT IV FRANCE- History, The French Revolution, democracy, the Republic & features. EXECUTIVE- The chief executive, powers & functions, Prime Minister & his council of ministers.
SL NO UNIT TOPICS PAGE NO
- 01 UNIT I BRITISH CONSTITUTION 4 -
- 02 UNIT II USA CONSTITUTION 60 -
- 03 UNIT III FRANCE CONSTITUTION 100 -
- 04 UNIT IV SWISS CONSTITUTION 140 -
- 05 UNIT V INDIAN CONSTITUTION 197 -
BRITISH CONSTITUTION
UNIT 1
The Evolution of a Constitution This new work casts light upon the British constitution of today by means of an in-depth consideration of eight key moments in British constitutional history. The historical perspective adopted in this book facilitates an informed and contextual understanding of the intricacies of the contemporary British constitution. Indeed the book is based upon the premise that it is impossible to fully comprehend the nature, content and implications of today's constitution without a firm grasp on how it evolved into its present form. Each of the eight main chapters focuses upon a different event in constitutional history which has contributed certain principles or practices to the modern day constitution, and explains how these principles or practices evolved and highlights their modern day significance. Historical events covered include the 1688 Glorious Revolution, the 1707 Union between England and Scotland, the 1911 Parliament Act and the 1972 European Communities Act. Introduction 1688 – Glorious Revolution; Enduring Settlement: Sovereignty, Liberty and the Constitution 1707 – Union between England and Scotland: Unitary State and Limited Parliament 1721 – The First Prime Minister? Executive Power and Its Journey from Monarch to Prime Minister 1832 – The Great Reform Act: A First Step towards Democratic Representation? 1911 – The Parliament Act: Guaranteeing the Legislative Superiority of the House of Commons 1953 – The European Convention on Human Rights: an External Influence Within the Constitution 1972 – The European Communities Act: European Legal Supremacy under the UK Constitution 1998 – Devolution to Scotland, Wales and Northern Ireland: Decentralizing the Union State
The constitutional monarchy in existence today developed in the eighteenth and nineteenth centuries, as day-to-day power came to be exercised by Ministers in Cabinet, and by Parliaments elected by a steadily-widening electorate. The Representation of the People (Equal Franchise) Act 1928 made the voting age for both men and women 21 years of age, leading to an equal and universal adult franchise. The voting age was lowered to 18 by the Representation of the People Act 1969 (subsequently consolidated into the Representation of the People Act 1983). Devolution in Scotland, Wales and Northern Ireland Scotland, Wales and Northern Ireland were granted devolved powers in 1998. The first elections for the devolved authorities took place in 1999. Scotland, Wales and Northern Ireland now have powers to administer their domestic affairs, although they retain representation in the UK Parliament. The UK Parliament retains the power to legislate for the UK as a whole, to amend devolution acts, and to legislate on anything that has been devolved. However, it will not normally do so without the agreement of the devolved governments. The Scottish independence referendum, conducted in September 2014, asked whether Scotland should be an independent country. The result was that 55.3% of the electorate voted against independence and Scotland remains part of the UK. Unlike Scotland, Wales and Northern Ireland, England has no separate devolved government. EU membership At the time of writing (January 2019), the United Kingdom (UK), rather than its constituent parts (England, Scotland, Wales and Northern Ireland), is a member state of the European Union (EU). The UK did not join the European Communities when first established in the 1950s. It was thought that membership might weaken Britain's strong trade links with other countries in the Commonwealth, which gave access to cheaper food, and its strong political links with the United States of America. The international trading tradition created a feeling that the UK was separate from mainland Europe, and there was opposition from many people who thought that conceding power to any outside body meant loss of national sovereignty.
As a consequence, the UK was initially more interested in creating a European free trade area which would involve no sacrifice of national sovereignty. This led to the European Free Trade Association (EFTA) being created in 1959 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland and the UK. However, it was not long before the UK realised that it risked economic and political isolation if it remained outside the European Community, although it took more than ten years and several negotiations before the UK achieved membership in 1973. A referendum affirmed this membership in 1975. The UK is not a member of the Eurozone and retains its own currency – pound sterling (GBP). Brexit On 23 June 2016, a referendum on European Union membership was held. The people of the United Kingdom voted to leave the EU and in March 2017 the Government invoked Article 50 of the Treaty of the European Union, which started the formal exit process. Negotiations between the EU and the UK culminated in a Withdrawal Agreement, which set out the terms on which the UK would leave the EU. The United Kingdom then left the European Union on 31 January 2020. Under terms of the Withdrawal Agreement, the UK entered a transition period during which time EU law generally continues to apply. The transition period will end on 31 December 2020. A constitution is a set of laws on how a country is governed. The British Constitution is unwritten in one single document, unlike the constitution in America or the proposed European Constitution, and as such, is referred to as an uncodified constitution in the sense that there is no single document that can be classed as Britain’s constitution. The British Constitution can be found in a variety of documents. Supporters of our constitution believe that the current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it – as opposed to just constitutional experts who know where to look and how to interpret it. Amendments to Britain’s unwritten constitution are made the same way – by a simple majority support in both Houses of Parliament to be followed by the Royal Assent.
Flexibility The British constitution is a classic example of a flexible constitution. It can be passed, amended and repealed by a Simple Majority (50% of the members present and voting) of the Parliament , since no distinction is made between a constitutional law and an ordinary law. Both are treated alike. The element of flexibility has provided the virtue of adaptability and adjustability to the British constitution. This quality has enabled it to grow with needs of the time. Indian Constitution, in contrast, is both flexible as well as rigid. This compliments the basic ideology of the Indian Constitution quite well, wherein certain features like Sovereignty, Secularism, and Republic et al have been held sacrosanct, but otherwise the Constitution is amendable. Unitary vs. Federal Features The British constitution has a unitary character as opposed to a federal one. All powers of the government are vested in the British Parliament, which is a sovereign body. Executive organs of the state are subordinate to the Parliament, exercise delegated powers and are answerable to it. There is only one legislature. England, Scotland, Wales etc. are administrative units and not politically autonomous units. The Indian Constitution, on the other hand, is federal. Unitary Federal Confederation Units come together and form the state. Example: India Real power with the units. All power lies with the Centre Powers for Provincial. Example: Britain Opposite to Unitary Government comes from the Constitution. Centre delegates power to the provincial government. Example: EU, USA
Parliamentary Executive This is one important similarity between the British and the Indian Constitution. (In addition to the Sovereignty of Parliament) Britain has a Parliamentary form of government. The King, who is sovereign, has been deprived of all his powers and authority. The real functionaries are Ministers, who belong to the majority party in the Parliament and remain in office as long as they retain its confidence. The Prime Minister and his Ministers are responsible to the legislature for their acts and policies. In this system, the executive and legislature are not separated, as in the Presidential form of government Sovereignty of Parliament The term Sovereignty means Supreme Power. A very important feature of the British Constitution is sovereignty of the British Parliament (a written constitution being absent). The British Parliament is the only legislative body in the country with unfettered power of legislation. It can make, amend or repeal any law. Though in India’s case, we have legislature at state level too, yet the law making power of the Indian Parliament roughly corresponds to that of the British Parliament. The courts have no power to question the validity of the laws passed by the British Parliament. The British Parliament may amend the constitution on its own authority, like an ordinary law of the land. It can make illegal what is legal and legalize what is illegal. Here, there is a marked difference, vis-à-vis the power of Indian Judiciary to keep a tab on the legality of the law framed. Also, the ‘Basic Structure’ doctrine, lends the Indian Judiciary further power to question the legality of the law, in light of the fact that the Supreme Court of India is the highest interpreter of the Constitution of India. Role of Conventions Conventions are known as unwritten maxims (rules) of the Constitution. They provide flexibility and avoid amendments. Most constitutions of the world have conventions. A necessary corollary to the unwritten character of the British Constitution is that conventions play a very vital role in the British political system. For example, while the Queen has the prerogative to refuse assent to a measure passed by the British Parliament, but by convention, she doesn’t do so and the same has become
Organs of the State British Monarchy Executive The Executive in Britain is called as Crown. Earlier, the Crown symbolized King. Now, the King is part of the Crown. The Crown, as an institution, consists of the following:
- King
- Prime Minister
- Council of Ministers (CoM)
- Permanent Executive, the Civil Servants
- Privy Council
- Crown: King is dead. Long live the King. In Britain, initially all power lied with the King. Later on, power shifted out of the institution of the King to the institution of CoM headed by the P.M., Permanent Executive and the Privy Council etc. Today, the Crown comprises of all these institutions. Hence, the first part of the statement describes the King as a person, while the second part describes the King or Crown as an institution.
- Nature of Monarchy: Britain has a constitutional monarchy and a constitutional monarchy is not incompatible with democracy. This is because essentially the powers of the monarch as head of the state – currently Queen Elizabeth II – are ceremonial. The most important practical power is the choice of the Member of Parliament to form a government, but invariably the monarch follows the convention that this opportunity is granted to the leader of the political party or coalition, which has majority in the House of Commons. Despite its lack of real power, the monarchy still has several important roles to play in contemporary Britain. These include: Representing UK at home and abroad Settings standards of citizenship and family life Uniting people despite differences Allegiance of the armed forces Maintaining continuity of British traditions Preserving a Christian morality
- British Prime Minister and the Council of Ministers: Britain has a Cabinet form of government. A cabinet is a plural or collegiate form of government. The power doesn’t lie in one person, but the entire Council of Ministers. The principle is, “all Ministers sink and swim together”. It is based on collective responsibility towards the Lower House. The Cabinet has its origins in the Privy Council set up to advice the King. The roles of cabinet include the following: Approving policy (major policy making body) Resolving disputes Constraining the Prime Minister Unifying government Unifying the parliamentary party Moreover, the Cabinet is the ultimate body of law making in the Parliamentary system. It is formed out of the party/group, which enjoys majority in the House. The cabinet meetings are held in private.
- British Prime Minister Position of the Prime Minister
- P.M. is the captain of the ship of the state.
- P.M. is the head of the Cabinet.
- The party of the P.M. enjoys majority in the House.
- He is the connecting link between the King and the Cabinet as well as the King and the Parliament.
- The life of the House depends on the P.M. He may advice the dissolution of the House.
- The other Ministers are appointed on the advice of the P.M.
- The term of the other Ministers also depends on the P.M. The P.M. as first among equals This is also called as Primus Inter Pares or Inter Stella Luna Minors. This explains the P.M.’s position w.r.t. other ministers. In the cabinet system, there is a principle of collective responsibility; hence other ministers are also important.
Permanent Civil Servants/British Bureaucrats Indian bureaucracy is modeled on the British bureaucracy. Some features: Bureaucracy in Britain is generalist They are expected to be politically neutral Recruited through competitive exams Enjoy a lot of immunities It is said that the British bureaucracy is not representative. It is still elitist Bureaucrats are known as New Despots It is said that the Bureaucracy thrives behind the cloak of ministerial responsibility It has also been compared with Frankenstein’s monster (overpowering the Ministers)
THE BRITISH PARLIAMENT
**1. Introduction
- The British Parliament** a. Composition of the Parliament. **b. Sovereignty of the Parliament
- The House of Lords** a. Composition of the House of Lords b. Powers and Functions of the House of Lords
- The House of Commons a. Composition of the House of Commons
judicial review in Britain i.e. judiciary cannot declare any law made by the Parliament as unconstitutional. The British Parliament had been in continuous struggle with the Kings to determine its sovereignty. Parliamentary sovereignty in Britain had passed through the three following landmark events- The first landmark was when the Parliament resolved in December 1648 to bring King Charles I to trial who was ultimately executed in 1649. Parliament even abolished Monarchy and declared England to be a commonwealth by its Act. Again in 1660, the Parliament restored Charles II to the throne on the condition of his co-operation with the Parliament. The^ second^ landmark^ is^ the^ Glorious^ Revolution^ of^1688 when^ James^ II,^ failing^ to^ co- operate with the Parliament was made to abdicate. Parliament supported the coming of William of Orange to save the rights of the British people against King James II. Parliament also determined by the Bill of Rights of 1689, not only who should reign next but also on what condition he should reign. The Act of Settlement of 1701 was passed to determine the succession to the throne. The^ third^ landmark^ is^ the^ year^ of^1783 when^ younger^ Pitt^ became^ the^ Prime^ Minister and the king ceased to choose and dismiss his ministers. The Cabinet system has become stronger and for each and every work ministers become responsible to the Parliament. Though the Parliament is supreme and has unlimited authority in its law making capacity, yet there are a number of restrictions and limitations on its power and functions some of which are- There are some moral limitations standing before the Parliament. It cannot pass a law which is against the established codes of private or public morality. No law can be made which is against the convention of the country, unless and until the general public wants it. The^ prevalent^ system^ of^ Rule^ of^ Law^ also^ puts^ limitation^ on^ the^ sovereignty^ of^ the Parliament. Under Rule of Law every British citizen is equal before law, and his or her rights are derived from it. The Parliament cannot make any law which is against this Rule of Law.
Parliament^ cannot^ make^ any^ law^ which^ is^ not^ supported^ by^ its^ public^ opinion.^ Every act of the Parliament must have support from people. Parliament does not have any right to violate any international law. Every Act of the Parliament must be in conformity with the principles of International Law. The increasing function of the government in recent times has made it imperative for the executive to make laws when the Parliament is not in session. Law making power has now been delegated to the executive to meet the emergencies. Delegated legislation has the force of law. The Statute of Westminster of 1931 also puts a limitation on the sovereignty of the parliament. It makes it clear that any Act of the Parliament made after 1931 cannot be operational in any British Dominion without the assent of the Dominion. Thus it is apparent that though British Parliament may seem to enjoy unlimited power, yet in reality it is bound by the above mentioned factors like rule of law, public opinion, international law and the like. Hence sovereignty of the Parliament is not absolute and is exercised as per the wishes of the people. THE HOUSE OF LORDS The House of Lords is the Upper House of the British Parliament. It is the oldest second chamber in the world. It is basically a hereditary institution representing the royal and aristocratic segments of the population. COMPOSITION OF HOUSE OF LORDS The membership of the House of Lords is not fixed. It has more than 1100 members and this number varies through deaths and creation of new peers. As of May 2009, the House of Lords had 738 members. It is a permanent chamber and most of the peers hold office for the whole life. All these members are grouped in the following seven distinct categories- Princes of the Royal Blood: Now-a-days they do not take part in the proceedings of the House. This category of peers includes all such male members of the Royal family who have attained maturity and are within the specified degrees of relationship and are conferred the title of Duke.
