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Presidencial Form of Government Rajat Dixit BALLB (Hons.) Sem II SAP 500022447

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Page 1: Presidencial system

Presidencial Form of Government

Rajat DixitBALLB (Hons.) Sem II

SAP 500022447

Page 2: Presidencial system

INTRODUCTION

• A nation’s type of government refers to how that state’s executive, legislative, and judicial organs are organized. All nations need some sort of government to avoid anarchy. Democratic governments are those that permit the nation’s citizens to manage their government either directly or through elected representatives. This is opposed to authoritarian governments that limit or prohibit the direct participation of its citizens.

• Two of the most popular types of democratic governments are – Presidential and– Parliamentary systems

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INTRODUCTION (CONT…)

• The Presidential form of government is one where the executive is constitutionally independent of the legislature in respect to the duration of his or their tenure and is not responsible to it for his or for their political policies.

• There is a clear-cut separation between the executive and the legislature. The president, to whom the executive power is entrusted, is elected in one process, and the parliament is chosen on its own. The president cannot be held responsible by parliament and he cannot dissolve the latter.

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GOVERNMENTS IN WORLD

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MEANING• Translated from Latin, the word "president" means

"sitting ahead.• The presidential system has its origins in the

monarchies of medieval Europe. Like a king, the president retains executive authority over the state and government. The system took its modern form following the publication of "The Spirit of the Laws" in 1748 by French philosopher Charles de Secondat, better known as Baron de Montesquieu. He introduced the concept of the separation of powers, a political doctrine that nearly 40 years later influenced the Founding Fathers of what became the United States.

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DEFINATION

• “What has been called Presidential Government, as contra-distinguished from cabinet or parliamentary government is that system in which the legislature in respect to their duration of his or their tenure, and irresponsible to it for his or for their political policies.”

- Devid Garner

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EVOLUTION• The development of this political institution started at the end of the

18th century and coincided with the appearance of the first democratic systems in the countries of the Old and New Worlds. In the 18-20th centuries, the institution of presidency became an integral part of the republican form of government and an important feature of the democratic system.

• The modern form of the democratic republic derives from a very long lineage that can be traced back to the ancient Greek city-states, which include several that existed on the present-day territory of Ukraine (Olvia, Pantecapaion and Chersonesus). From the 6th to the 1st century BC, Rome was an established republic, which was followed in the Middle Ages by numerous city-republics in what would become Italy (such as Venice, Genoa, Florence). Later, the Republic of United Provinces appeared in the Netherlands (1572), and a republican system of government reigned in Britain at the time of the Revolution (1649-1660). These republics chart the evolving form of government that gave birth to what is now known as the republican model.

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EVOLUTION (CONT…)

• The first modern republics, headed by a President, appeared relatively recently and only in the New World. Their rise is seen as a reaction by young colonialists against the onerous strictures of Old World monarchies, from whose system they fled. In keeping with the pioneering ideology of the settlers, the post of President was not appointed for life, but rather elected for set terms, and what is more important, the powers of the Presidency were limited by the Constitution. The institution of Presidency was vested with the main task of the republican system – to guarantee the observance of the Constitution, and therefore, of democracy.

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EVOLUTION (CONT…)

• George Washington was elected the first President of the United States of America in 1789 and soon the institutions of presidency began proliferating swiftly in various countries of the New World: Haiti (1807), Paraguay (1813), Argentina (1816), Chile (1817), Columbia (1819), Costa Rica and Peru (1821), Mexico (1824), Bolivia (1825), Venezuela, Ecuador and Uruguay (1830), Nicaragua (1835), Guatemala (1839), Honduras and El Salvador (1841), and the Dominican Republic (1844). The first president-heads of state in Europe were Louis Napoleon Bonaparte in France and Jonas Furrer in Switzerland in 1848. The first president in Asia was Sun Yat-sen of China, elected in 1911, and a bit later, in 1923, Mustafa Kemal – called Atatürk – became the President of Turkey. In Africa, the first president headed Liberia in 1847, and in 1854 the Orange Republic adopted a presidency (since 1910 it has been a part of the present South African Republic).

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EVOLUTION (CONT…)

• Now a days, presidents head most states in the world. Their responsibilities include: representation of the states in domestic and international relations; ensuring state sovereignty and national security; appointment and dismissal of heads of diplomatic missions abroad and certain members of the government; leadership of the Armed Forces; conferring state awards, military and civil titles; granting pardons; decision-making regarding citizenship of the state; and many other official duties.

• Depending on the type of republic (presidential or parliamentary), presidents have a wider or narrower scope of authority for appointing the Prime Minister or making laws. In the vast majority of republics, the president is the most important political figure.

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EVOLUTION (CONT…)

• However, in some states like Germany, Italy and Israel, the president has a mostly representative function, and it is the chancellor or prime minister, who is “the face” of the state. In a number of countries, including Great Britain, Denmark, Sweden, Spain, and Japan, monarchical dynasties have been maintained. While remaining nominal rulers, royal figures in these systems pass all state functions over to the parliament or cabinet of ministers. However, the oldest and perhaps most successful world democracies – in France and America – are led by presidents possessing extensive authority.

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SEMI-PRESIDENCIAL

• The head of state is elected by popular vote— either directly or indirectly— for a fixed term of office.

• The head of state shares the executive power with a prime minister, creating a dual power structure with three features:

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SEMI-PRESITENCIAL(CONT…)

• The head of state is independent from the legislature, but is not entitled to govern alone or legislate directly. Legislative policies must be routed through the Government and the legislature.

• Conversely the Prime Minister and cabinet are responsible to the legislature (must be sustained by a working majority).

• The balance of (legislative) power oscillates between the head of state (President) and the Prime Minister depending on whether or not there is a unified majority (president) or a divided majority (prime minister).

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DEMERITS

• The semi-presidential system (like the presidential and parliamentary) requires well-developed (“fit”) political parties.

• Assumes that internal party divisions will not prevent the president and prime minister from working effectively together.

• Does not resolve problems of polarized pluralism or a fractured political party system (and inability to reach decisions or form stable coalitions within the legislature).

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CHARCTERSTICS

• Real authority of the Government.• Separation of power of organs of

Government.• Elected for fixed tenure of office.• Not a member of legislature.• Subordinate position of cabinet.• Process of Impeachment.

• Fixed Tenure of Elections.

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MERITS

• Head of the state is real and enjoys the real power.

• Stability of Government within fix tenure.• Efficient working by separated executive

and legislature.• Executive enjoy abundant prestige, dignity

and commands universal respect.• Executive need not attend the legislature• Suitable for emergency period.• Wise Cabinet.

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MERITS (CONT…)

• Most Powerful executive authority.• Representative Type of Government.• Dual control of plural executive is avoided.• Comparative immune from party sprit.• Suitable for federal type of Constitution or

multi party system.• Less influence from parties.• Unity of control and quickness.

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DEMERITS

• It may tends to Autocracy and tyranny.• It may leads to deadlock and conflict

between executive and legislature.• It may leads to irresponsibility.• No flexibility in character.• Not a self corrective• It affect the foreign relation and non-co-

operation• Rigid constitution

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PARLIAMENTRY v. PRESIDENTICAL(conclusion)

Parliamentary Government

Presidential Government

i. Dual Headed Govt. Single Headed Govt.

ii. Fusion of Power Separation of Power

iii. Vote of no-confidence is present

Vote of no-confidence is not present

iv. Tenure of executive is not guaranteed

Tenure of executive is fixed

v. Minister enjoys equal status as executive head

Secretaries are subordinate of President

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Parliamentary Government

Presidential Government

vi. Executive is responsible for Legislature too

Executive is not responsible to the Legislature

vii. Minister from single party

Secretaries may belongs to any party

viii. Minister can be part of both Legislature and Executive

Dual Membership is not permitted

ix. Cabinet is real and powerful

Kitchen Cabinet

x. More significance of political Party

Less significance of political Party

xi. Head can dissolve Legislature

Head can’t dissolve Legislature

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Parliamentary Government

Presidential Government

xii. Quick decision are not possible

Decisions can be taken quickly

xiii. Not suitable during Emergencies

Suitable during Emergencies

xiv. Small term due to political instability

Long Term due to position of stability

xv. Leads to administrative inefficiency as the ministers are selected on the basis of their political affiliation rather than their abilities and experience

Leads to administrative efficiency as the members of cabinet are selected on the basis of their abilities rather than their political affiliation

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Which is better suited to India : Parliamentary or

Presidential ???

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BIBLIOGRAPHY

• http://www.president.gov.ua/en/content/president_history.html

• http://www.ehow.com/about_6403383_meaning-presidential-system-government_.html

• http://www.ushistory.org/gov/7a.asp• Robert Elgie, The Politics of Semi- Presidencialism • Horst H. Bahro, Virtues & Vices of Semi-

Presidential Government• Jose Cheibub, Systems of Government:

Parliamentarism and Presidentialism

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BIBLIOGRAPHY

• P.A. Sangma, Functioning of Parliamentary Democracy in India

• Alan Siaroff, Comparative presidencies: The inadequacy of the presidential, semi-presidential and parliamentary distinction

• Earl G. Parreño, The Shift to Parliamentary System• T. Rajavardhan, Presidential and Parliamentary

Systems in Government : Recent trends in World Democracies

• Matthew Søberg Shugart, Semi-Presidential Systems:• Dual Executive and Mixed Authority Patterns• S. R. myneni, Political Science

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