The Comparative Government Project |
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Texts, photos, links or any content appearing on Nature & Cultures should not be construed as endorsement by The American University of Paris. Authors of contents are solely responsible for their publications.
These comparative tables of the government systems of states from different continents are the result of a collective class project produced by students of the Comparative Politics class of Spring 2020 (International Comparative Politics Dept., The American University of Paris) during their experience of remote virtual classroom activities. The tables presented here will be completed in the months to come by the next students in "Comparative Politics".
Credits (in alphabetical order): Antonina Gain, Giulia Giordo, Marijose Gonzalez, Vera Jonsdottir, Oleg Kobtzeff, Kathy-Ashley Saboga, et al.
Credits (in alphabetical order): Antonina Gain, Giulia Giordo, Marijose Gonzalez, Vera Jonsdottir, Oleg Kobtzeff, Kathy-Ashley Saboga, et al.
A
Argentina
Main government websites describing constitutional system of government
- https://www.oecd.org/regional/regional-policy/profile-Argentina.pdf
- https://www.argentina.gob.ar/
- https://www.argentina.gob.ar/organismos
Territorial structure of the state
federal
Head of state
President of Argentina
Appointment to post
- Direct popular vote using a runoff voting system
- Modified two-round system election: A candidate can win the presidency in a single round by either winning 45% of the vote, or if they win 40% of the vote while finishing 10 percentage points ahead of the second-place candidate
Powers and responsibilities of head of state
Supreme head of the nation, head of government, and is responsible for administration of the country
Participation in law making under the Constitution, can extend them and publish them
Appoints the judges of the Supreme Court with Senate
Can appoint or remove ambassadors
Alone, appoints and removes chief of cabinet ministers, the officers of his Secretariat, consular agents and employees
Power to dissolve parliament?
Yes
Power to put a question to the people through referendum
Yes
Head of government different from head of state?
No
Parliament
Bicameral:
- Senate
- Chamber of Deputies
Method of election of legislators
Senate:
- Direct election on provincial basis
- Party with the most votes is awarded two of the province’s senate seats and the second place party receives the third seat
- Elected in multi-member constituencies by party list proportional representation
Powers to control executive branch
- Power to authorize executive power to declare war or peace
- Power to enact the Civil, Commercial, Criminal, Mining, Labor and Social Security Codes; as well as to enact general laws on immigration and naturalization, on bankruptcy, on counterfeiting of State currency and public documents, and on implementing the right to a jury trial
- Establish the court system
- Accept or reject resignation of President or Vice-President and call for a new election
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch.
Yes.
Can impeach presidential nominees
Judicial branch of government
Supreme Court of Argentina
Form of the institution
- One President, one Vice-President, 7 ministers
- Appointed by the President with approval of the Senate
Fundamental role of the institution
- functions as a last resort tribunal
- decides on cases dealing with the interpretation of the constitution (for example, it can overturn a law passed by Congress if it deems it unconstitutional.
Relation to executive branch
Independent
Relation to legislative branch
Appointment of members must be approved by Senate
B
Brazil
Main government websites describing constitutional system of government:
http://www.brazil.gov.br/government/how-the-government-works
Territorial structure of the state
Federal
Head of state
President of the Federative Republic of Brazil
Appointment to post
Direct election by popular vote (voluntary from 16 to 18 years, over 70 years, and if illiterate, and compulsory between 18 and 70). 4-year mandate.
Powers and responsibilities of head of state
Appoints cabinet. Defines and supervises domestic and foreign policy.
Power to dissolve parliament?
No, the Parliament can never be dissolved.
other powers over parliament?
None
Power to put a question to the people through referendum
Yes, done before, among other times, in 2005 for the prohibition of the sale of firearms.
Head of government different from head of state?
No
Appointment to post: [not applicable]
Powers/responsibilities of head of government: [not applicable]
Parliament
Unicameral or bi-cameral ?
Bicameral, divided into the Senado Federal (Federal Senate), and the Camara dos Deputados (Chamber of deputies). Together, they form the National Congress.
Method of election of legislators:
Senado Federal: 81 seats (3 members from the 26 states, irrespective of size, and 3 from the federal district) are given to members directly elected in multi-seat constituencies by simple majority. The members serve 8-year terms, one third and two thirds are alternatively elected every 4 years.
Camara dos Deputados: 513 seats divided between members directly elected in multi-seat constituencies by proportional representation, members serve 4-year terms.
Powers to control executive branch:
The National Congress verifies that public resources are used in accordance with the law.
Senate: proposes, debates, and approves laws.
Chamber of Deputies: discusses the approval of laws and monitors the use of resources collected from the people.
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch? If yes, how?
No
(Impeachment procedure only if Federal President found guilty of illegal action; one impeachment procedure has been recently successful, that of President Dilma Rousseff, found guilty of misuse of federal budget. Requests for impeachment are presented to the Chamber of Deputies)
Judicial branch of government:
Supremo Tribunal Federal (Supreme Federal Court) and Superior Tribunal de Justiça (Superior Court of Justice)
Form of the institution:
Supreme Federal Court: Composed of 11 justices, appointed by the president and approved by the Federal Senate, appointed to serve until mandatory retirement at 75.
Superior Court of Justice: 33 justices named by the Federal President
Fundamental of the institution:
Supreme Federal Court: Serves to ensure that the Constitution is being followed and gives the final ruling in constitutional questions.
Superior Court of Justice: ensures uniform interpretation of federal legislation.
Relation to executive branch:
Supreme Federal Court: gives final rulings on all constitutional questions
Superior Court of Justice: rules on criminal cases that involve government officials.
Relation to legislative branch
Supreme Federal Court: judges constitutionality of laws passed by the National Congress.
Superior Court of Justice: none.
Main government websites describing constitutional system of government:
http://www.brazil.gov.br/government/how-the-government-works
Territorial structure of the state
Federal
Head of state
President of the Federative Republic of Brazil
Appointment to post
Direct election by popular vote (voluntary from 16 to 18 years, over 70 years, and if illiterate, and compulsory between 18 and 70). 4-year mandate.
Powers and responsibilities of head of state
Appoints cabinet. Defines and supervises domestic and foreign policy.
Power to dissolve parliament?
No, the Parliament can never be dissolved.
other powers over parliament?
None
Power to put a question to the people through referendum
Yes, done before, among other times, in 2005 for the prohibition of the sale of firearms.
Head of government different from head of state?
No
Appointment to post: [not applicable]
Powers/responsibilities of head of government: [not applicable]
Parliament
Unicameral or bi-cameral ?
Bicameral, divided into the Senado Federal (Federal Senate), and the Camara dos Deputados (Chamber of deputies). Together, they form the National Congress.
Method of election of legislators:
Senado Federal: 81 seats (3 members from the 26 states, irrespective of size, and 3 from the federal district) are given to members directly elected in multi-seat constituencies by simple majority. The members serve 8-year terms, one third and two thirds are alternatively elected every 4 years.
Camara dos Deputados: 513 seats divided between members directly elected in multi-seat constituencies by proportional representation, members serve 4-year terms.
Powers to control executive branch:
The National Congress verifies that public resources are used in accordance with the law.
Senate: proposes, debates, and approves laws.
Chamber of Deputies: discusses the approval of laws and monitors the use of resources collected from the people.
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch? If yes, how?
No
(Impeachment procedure only if Federal President found guilty of illegal action; one impeachment procedure has been recently successful, that of President Dilma Rousseff, found guilty of misuse of federal budget. Requests for impeachment are presented to the Chamber of Deputies)
Judicial branch of government:
Supremo Tribunal Federal (Supreme Federal Court) and Superior Tribunal de Justiça (Superior Court of Justice)
Form of the institution:
Supreme Federal Court: Composed of 11 justices, appointed by the president and approved by the Federal Senate, appointed to serve until mandatory retirement at 75.
Superior Court of Justice: 33 justices named by the Federal President
Fundamental of the institution:
Supreme Federal Court: Serves to ensure that the Constitution is being followed and gives the final ruling in constitutional questions.
Superior Court of Justice: ensures uniform interpretation of federal legislation.
Relation to executive branch:
Supreme Federal Court: gives final rulings on all constitutional questions
Superior Court of Justice: rules on criminal cases that involve government officials.
Relation to legislative branch
Supreme Federal Court: judges constitutionality of laws passed by the National Congress.
Superior Court of Justice: none.
C
Colombia
Main government websites describing constitutional system of government
Territorial structure of the state
Unitary republic
Head of state
President of Colombia
Appointment to post
Two round system
Powers and responsibilities of head of state
Power to dissolve parliament?
No
Other powers over parliament?
No
Power to put a question to the people through referendum
Yes – if 5% of registered votes sign a petition in favor
Head of government different from head of state?
No
Parliament
Bicameral:
Method of election of legislators
Senate:
Powers to control executive branch
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
Yes
Judicial branch of government
Form of the institutions
-- Supreme Court of Colombia
Fundamental role of the institution
-- Supreme Court of Colombia:
-- Constitutional Court of Colombia:
final appellate court for matters involving interpretation of the Constitution with the power to determine the constitutionality of laws, acts, and statutes.
Relation to executive branch
Independent
Relation to legislative branch
Council of Judicial Governance in the choosing of candidates for magistrates
Main government websites describing constitutional system of government
- https://www.gov.co/entidades/
- https://id.presidencia.gov.co/deinteres/index.html
- https://www.mininterior.gov.co/autor/gobierno-de-colombia
Territorial structure of the state
Unitary republic
Head of state
President of Colombia
Appointment to post
Two round system
Powers and responsibilities of head of state
- Colombian Constitution Article 188 – Head of the state, head of the government, and Supreme Administrative Authority
- Anything the President does needs to be sanctioned by any ministry or department directors – the only exception is when the President appoints or removes ministers or any other officials appointed by him.
Power to dissolve parliament?
No
Other powers over parliament?
No
Power to put a question to the people through referendum
Yes – if 5% of registered votes sign a petition in favor
Head of government different from head of state?
No
Parliament
Bicameral:
- senate
- house of representatives
Method of election of legislators
Senate:
- 100 senators are elected from a single national constituency
- The remaining 2 are elected in a special national constituency for Indigenous communities
- Parties must pass a 3% threshold in order to obtain representation
- Parties may run a closed list or opt for preferential voting
- Elected in territorial constituencies, special constituencies, and an international constituency
Powers to control executive branch
- Electing its executive committees and its secretary general for a two-year period
- Filling the positions established by law necessary for the execution of powers
- Congress amends the constitution, makes the law and exercises political control over the government and the public administration
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
Yes
- Can approve or reject resignation of President
- Limited powers of impeachment
Judicial branch of government
- Supreme Court of Colombia
- Constitutional Court of Colombia
Form of the institutions
-- Supreme Court of Colombia
- 23 judges
- judges are elected by the same institution in list conformed by the Superior Council of the Judiciary for individual terms of eight years.
- The current magistrates fill any vacants spots - choosing from a list of ten candidates that are forwarded by the Council of Judicial Governance.
- 3 chambers: a civil agrarian "cassation" chamber made up of 7 judges, a labor "cassation"chamber made up of 7 judges, and a penal "cassation"chamber made up by 9 judges
- 9 judges
- judges are elected by the Senate of Colombia from ternary lists drawn up by the President, the Supreme Court of Justice, and the Council of State. The magistrates serve for a term of eight years. The court is headed by a President and Vice President.
Fundamental role of the institution
-- Supreme Court of Colombia:
- highest authority in regard to the interpretation of administrative law, constitutional law, and the administration of the judiciary.
- highest judicial body in civil and penal matters and issues of criminal and civil procedure in Colombia
-- Constitutional Court of Colombia:
final appellate court for matters involving interpretation of the Constitution with the power to determine the constitutionality of laws, acts, and statutes.
Relation to executive branch
Independent
Relation to legislative branch
Council of Judicial Governance in the choosing of candidates for magistrates
Costa Rica
Costa Rica is a democracy that has gained a reputation as a nation exceptionally committed to protect its natural environment.
www.presidencia.go.cr/
Territorial structure of the state
Unitary state
Head of state
President of the Republic
Appointment to post
elected using a modified two-round system in which a candidate must receive at least 40%
Powers and responsibilities of head of state
Power to dissolve parliament?
No
other powers over parliament?
No
Power to put a question to the people through referendum
Yes.
Head of government different from head of state?
No
Parliament
Unicameral
Method of election of legislators:
Powers to control executive branch:
the legislative branch has absolute power over the budget (the president cannot veto the legislative budget)
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
No
Judicial branch of government:
The Supreme Court of Justice (Corte Suprema de Justicia)
Form of the institution:
Twenty-two magistrates are selected for the CSJ for 8-year terms by the Legislative Assembly, and lower courts. Sala IV, also known as the Constitutional Chamber of the Supreme Court, Additionally, the Supreme Electoral Tribunal (TSE for its Spanish initials) is an independent branch of the CSJ, responsible for democratic elections.
Fundamental role of the institution:
Relation to executive branch:
Independent (division of powers)
Relation to legislative branch:
Independent (division of powers)
Costa Rica is a democracy that has gained a reputation as a nation exceptionally committed to protect its natural environment.
www.presidencia.go.cr/
Territorial structure of the state
Unitary state
Head of state
President of the Republic
- assisted by two vice-presidents
Appointment to post
elected using a modified two-round system in which a candidate must receive at least 40%
Powers and responsibilities of head of state
- Defines and conducts foreign and domestic policy, can propose bills to National Assembly.
- Appoints and dismisses ministers (without approval from parliament)
- Supreme commander of public forces (police; Costa Rica maintains no military forces)
- Can formulate laws
- promulgates laws
Power to dissolve parliament?
No
other powers over parliament?
No
Power to put a question to the people through referendum
Yes.
Head of government different from head of state?
No
Parliament
Unicameral
Method of election of legislators:
- Legislators - "deputies" - are elected by direct, universal vote
- proportional electoral system
Powers to control executive branch:
the legislative branch has absolute power over the budget (the president cannot veto the legislative budget)
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
No
Judicial branch of government:
The Supreme Court of Justice (Corte Suprema de Justicia)
Form of the institution:
Twenty-two magistrates are selected for the CSJ for 8-year terms by the Legislative Assembly, and lower courts. Sala IV, also known as the Constitutional Chamber of the Supreme Court, Additionally, the Supreme Electoral Tribunal (TSE for its Spanish initials) is an independent branch of the CSJ, responsible for democratic elections.
Fundamental role of the institution:
- Arbitrates disputes between branches of government and between government offices
- reviews legislation, executive actions, and certain writs for constitutionality. Courts below the Sala IV deal with issues involving legal and criminal disputes.
- Supreme Electoral Tribunal: guarantees legality and democratic administration of elections.
Relation to executive branch:
Independent (division of powers)
Relation to legislative branch:
Independent (division of powers)
D
E
F
France
The present system of government is a presidential regime based on the Constitution of 1958 which drafted in the Spring and Summer of the same year in conditions of emergency (any important decision blocked by a dysfunctional parliament, unstable cabinets succeeding each other increasingly faster, premises of civil war due to confrontations over the unsolvable conflict over Algeria...), under the leadership of then Prime Minister ("President of the Council of Ministers" in the pre-1958 vocabulary) General Charles De Gaulle, former leader of the anti-Nazi French government in exile (1940-1944) called back from retirement to rebuild a sustainable governmental structure. De Gaulle was then elected the first president of the "Fifth Republic" (the First Republic: 1792-1804; the Second: 1848-1852; the Third: 1871-1940; the Fourth: 1944/46-1958).
Main government websites describing constitutional system of government:
http://www2.assemblee-nationale.fr/langues/welcome-to-the-english-website-of-the-french-national-assembly
Territorial structure of the state
Unitary
18 regions divided into 101 “Departments”
Head of state
President of the French Republic
Appointment to post
Direct election by the population over 18, after having received 500 endorsements from local elected officials. 5-year mandate. 2 round election: candidates with two highest scores in first round are designated as finalists in the second round.
Powers and responsibilities of head of state
Power to dissolve parliament?
Yes, after consultation with the Prime Minister and the Presidents of the Assemblies (National Assembly and Senate). Only the National Assembly can be dissolved, not the Senate.
other powers over parliament?
His or her Prime Minister can legislate (according to article 49.3 of the Constitution) by imposing executive orders.
Power to put a question to the people through referendum
Yes, done before, among other times, in 2005 for the European Constitution.
Head of government different from head of state?
Yes: Prime Minister
Appointment to post
Appointed by President
Powers/responsibilities of head of government
Parliament
Unicameral or bi-cameral
Bicameral:
Method of election of legislators:
National Assembly: single seat system, 577 députés ("deputies") are elected at the same time every 5 years, right after presidential elections (since last constitutional reform) . Single-seat 2-round election : 1st round eliminates candidates with less than 12.5% of the votes; 2nd round is first-past-the-post (in practice, only the two candidates with the two highest scores compete as finalists for the seat in their district in the 2nd round: pre-electoral coalition electoral deals between parties almost systematically force candidates in third position or below to desist in favor of highest placed candidate of allied party. An unwritten, informal rule among candidates of most parties ("Republican discipline") forces them to desist if one of the two highest ranking finalists is from the extreme-rightist "Front National", rebranded "Rassemblement National". In some rare cases a so-called "triangular" 2nd round could oppose three finalists if one refuses to desist; this usually causes scandal in the media and conflict between the finalist coming in third position and his or her party leadership. No 2nd round has ever opposed more than three finalists.)
Senate: 348 seats divided among the départements, elected by the local elected officials of France, 6 year mandate, half of the Senate is renewed every 3 years.
Powers to control executive branch:
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
Judicial branch of government:
Form of the institution:
Fundamental role of the institution:
State Council: Acts as a supreme court of appeal of administrative courts, decides things like hunting seasons and who gets to give out parking tickets.
Constitutional Council: Ensures that promulgated laws are in concordance with the Constitution.
Relation to executive branch:
State Council: Counsels the executive. The executive must seek counsel with the State Council in matters such as new laws.
Constitutional Council: Controls the executive, monitors elections and guarantees their legality, monitors international commitments and demands amendments for unconstitutional clauses.
Relation to legislative branch:
State Council: none.
Constitutional Council: Watchguard that tells Parliament if its bills are constitutional. Originally conceived by General De GAulle during the conceptiin of the 1958 constitution as a tool to prevent the National Assembly from abusing power ( a fear generated by the memory of legislators voting to grant quasi dictatorial powers to Prime Minister-Field Marshall Pétain in June 1940 who surrendered to Nazi Germany and organized an anti-democratic regime collaborating with the Nazi occupation forces).
The present system of government is a presidential regime based on the Constitution of 1958 which drafted in the Spring and Summer of the same year in conditions of emergency (any important decision blocked by a dysfunctional parliament, unstable cabinets succeeding each other increasingly faster, premises of civil war due to confrontations over the unsolvable conflict over Algeria...), under the leadership of then Prime Minister ("President of the Council of Ministers" in the pre-1958 vocabulary) General Charles De Gaulle, former leader of the anti-Nazi French government in exile (1940-1944) called back from retirement to rebuild a sustainable governmental structure. De Gaulle was then elected the first president of the "Fifth Republic" (the First Republic: 1792-1804; the Second: 1848-1852; the Third: 1871-1940; the Fourth: 1944/46-1958).
Main government websites describing constitutional system of government:
http://www2.assemblee-nationale.fr/langues/welcome-to-the-english-website-of-the-french-national-assembly
Territorial structure of the state
Unitary
18 regions divided into 101 “Departments”
Head of state
President of the French Republic
Appointment to post
Direct election by the population over 18, after having received 500 endorsements from local elected officials. 5-year mandate. 2 round election: candidates with two highest scores in first round are designated as finalists in the second round.
Powers and responsibilities of head of state
- Defines and conducts foreign and domestic policy, can propose bills to National Assembly.
- If the majority of legislators in the National Assembly form a majority in opposition to the President their power to vote on no confidence motions could give them control over the cabinet (see below: "Powers to control executive branch"); the President would then be forced to delegate most of his or her executive powers to the Prime Minister a situation called "cohabitation" ( that occurred three times in the 1980s and 1990s). To avoid cohabitation, the President's mandate has been reduced (in 2002) from 7 to 5 years to coincide with each legislative election -- assuming that voters will elect, with some consistency, within a few days of distance, a president and legislators with similar political agendas (this did not take into account such scenarios as the death or resignation of a president which would force the presidential election to be held months or years before the next legislative election; however, the new president could immediately dissolve the National Assembly to reestablish
Power to dissolve parliament?
Yes, after consultation with the Prime Minister and the Presidents of the Assemblies (National Assembly and Senate). Only the National Assembly can be dissolved, not the Senate.
other powers over parliament?
His or her Prime Minister can legislate (according to article 49.3 of the Constitution) by imposing executive orders.
Power to put a question to the people through referendum
Yes, done before, among other times, in 2005 for the European Constitution.
Head of government different from head of state?
Yes: Prime Minister
Appointment to post
Appointed by President
Powers/responsibilities of head of government
- Serves under President as chief executive officer of the executive branch
- Exact delegation of powers is negotiable with President unless a change of coalitions occurs in the National Assembly in which the majority of legislators join the opposition to the President and control the cabinet (see below: "Powers to control executive branch") -- this situation is called "cohabitation"
- May replace President in case of absence (trip abroad, illness…; a cabinet member with title of “State Minister” -Ministre d’Etat - may replace both President and Prime Minister if both unavailable.
- Appoints and manages (in coordination with the President) cabinet members
Parliament
Unicameral or bi-cameral
Bicameral:
- National Assembly
- Senate.
Method of election of legislators:
National Assembly: single seat system, 577 députés ("deputies") are elected at the same time every 5 years, right after presidential elections (since last constitutional reform) . Single-seat 2-round election : 1st round eliminates candidates with less than 12.5% of the votes; 2nd round is first-past-the-post (in practice, only the two candidates with the two highest scores compete as finalists for the seat in their district in the 2nd round: pre-electoral coalition electoral deals between parties almost systematically force candidates in third position or below to desist in favor of highest placed candidate of allied party. An unwritten, informal rule among candidates of most parties ("Republican discipline") forces them to desist if one of the two highest ranking finalists is from the extreme-rightist "Front National", rebranded "Rassemblement National". In some rare cases a so-called "triangular" 2nd round could oppose three finalists if one refuses to desist; this usually causes scandal in the media and conflict between the finalist coming in third position and his or her party leadership. No 2nd round has ever opposed more than three finalists.)
Senate: 348 seats divided among the départements, elected by the local elected officials of France, 6 year mandate, half of the Senate is renewed every 3 years.
Powers to control executive branch:
- National Assembly must vote to approves/reject Prime Minister and entire government in one vote of confidence/no confidence when cabinet is appointed by President
- National Assembly can propose vote of no confidence once every six months (proposal for vote on motion of no confidence must first be signed by a minimum of 10% of the legislators of the Assembly). If majority of Assembly legislators votes no confidence, Prime Minister and entire cabinet must resign. President will be forced to appoint a cabinet that is in favor with the National Assembly since that cabinet must be approved by a vote of confidence.
- Senate: identical to the NA, except that the Senate cannot engage in a motion of no confidence.
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
- National Assembly can decide motion of no confidence to dismiss Prime Minister and entire cabinet once every 6 months or, every time the Prime Minister legislates through an executive order (articl 49.3).
- Impeachment procedure of President is possible only in exceptional circumstances (serious crime).
Judicial branch of government:
- Conseil d’État (State Council)
- Conseil Constitutionnel (Constitutional Council)
Form of the institution:
- State Council: 231 members, of various branches of public function.
- Constitutional Council: 9 judges, each appointed for only one 9-year mandate (1/3 of the Council replaced every 3 years). 3 judges appointed by President, 3 by Senate, and 3 by National Assembly. Former Presidents systematically have the right to sit in on the Council, for life (Valéry Giscard d’Estaing has been serving for 38 years now).
Fundamental role of the institution:
State Council: Acts as a supreme court of appeal of administrative courts, decides things like hunting seasons and who gets to give out parking tickets.
Constitutional Council: Ensures that promulgated laws are in concordance with the Constitution.
Relation to executive branch:
State Council: Counsels the executive. The executive must seek counsel with the State Council in matters such as new laws.
Constitutional Council: Controls the executive, monitors elections and guarantees their legality, monitors international commitments and demands amendments for unconstitutional clauses.
Relation to legislative branch:
State Council: none.
Constitutional Council: Watchguard that tells Parliament if its bills are constitutional. Originally conceived by General De GAulle during the conceptiin of the 1958 constitution as a tool to prevent the National Assembly from abusing power ( a fear generated by the memory of legislators voting to grant quasi dictatorial powers to Prime Minister-Field Marshall Pétain in June 1940 who surrendered to Nazi Germany and organized an anti-democratic regime collaborating with the Nazi occupation forces).
G
Gabon
In the early 1990s, Gabon introduced a multi-party system and a new democratic constitution that allowed for a more transparent electoral process and reformed many governmental institutions.
The system of government is very analogous to the French system.
Main government websites describing constitutional system of government
Territorial structure of the state
Unitary
Head of state
President of the Republic
“assisted by a vice president” (may replace the president if receives a power of attorney from the president)
Appointment to post
Universal suffrage for seven years. (Gabonese living abroad can participate)
First past the post system
Powers and responsibilities of head of state
Defines and conducts foreign and domestic policy,
can propose bills to National Assembly.
appoints and dismiss the Prime Minister and the members of the cabinet.
Commander in chief of the armed forces
declares a state of siege
Power to dissolve parliament?
The President may, after consulting the Prime Minister and the Presidents of the Senate and the National Assembly, declare the National Assembly dissolved.
other powers over parliament?
Can veto bills – the term in the constitution is that the President can “ask the parliament to debate the bill once again”. Then, for the bill to become a law, two thirds of the legislators must vote for it.
Within certain limits, can legislate (through the Prime Minister and cabinet) by executive order
Power to put a question to the people through referendum
Yes
Head of government different from head of state?
Yes. Prime Minister.
Appointment to post
Appointed by President
Powers/responsibilities of head of government
Chief executive officer serving under the President
Parliament
Bicameral:
Method of election of legislators
Deputies of the National Assembly: 120 in number, are elected for a period of 5 years in single-seat constituencies by absolute majority vote in 2 rounds if no candidate otains absolute majority in first round; members serve 5-year terms
The Senators, for their part, are 102 and are elected for a period of 6 years by
Powers to control executive branch
National Assembly must vote to approves/reject Prime Minister and entire government in one vote of confidence/no confidence when cabinet is appointed by President
Authorizes or not declarations of war by the executive
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch.
Prime Minister and entire cabinet must resign if the National Assembly votes in favor of a motion of no confidence. Such a motion is only admissible if it is signed by at least a ¼ of the members of the National Assembly.
The motion to censure can only be adopted by an absolute majority of the members of the National Assembly.
If the censure motion is rejected, its signatories cannot propose a new one during the same session
Judicial branch of government
Supreme Court
Form of the institution
Supreme Court : 4 permanent specialized supreme courts:
Constitutional Court
Court of Cassation
Administrative Supreme Court or State Council
Accounting Supreme Court or Cour des Comptes,
+ the non-permanent Court of State Security, initiated only for cases of high treason
Fundamental role of the institutions
Constitutional Court : guarantees the constitutionality of legislation and government action
Court of Cassation: highest court of appeals
Administrative Supreme Court or State Council: arbitrates disputes between state administrations or between them and citizens
Accounting Supreme Court or Cour des Comptes: audits government spending
+ the non-permanent Court of State Security, initiated only for cases of high treason
Relation to executive branch
Relation to legislative branch
In the early 1990s, Gabon introduced a multi-party system and a new democratic constitution that allowed for a more transparent electoral process and reformed many governmental institutions.
The system of government is very analogous to the French system.
Main government websites describing constitutional system of government
- http://www.gouvernement.ga
- https://www.diplomatie.gouv.fr/fr/dossiers-pays/gabon/presentation-du-gabon/article/composition-du-gouvernement
- https://www.senat.fr/senatsdumonde/gabon.html
- http://www.assemblee-nationale.ga/1-actualites-/98-evenements/225-presentation-du-parlement-par-monsieur-le-secretaire-general-de-l-assemblee-nationale-/
- http://www.droit-africain.com/gabon-organisation-judiciaire/
Territorial structure of the state
Unitary
Head of state
President of the Republic
“assisted by a vice president” (may replace the president if receives a power of attorney from the president)
Appointment to post
Universal suffrage for seven years. (Gabonese living abroad can participate)
First past the post system
Powers and responsibilities of head of state
Defines and conducts foreign and domestic policy,
can propose bills to National Assembly.
appoints and dismiss the Prime Minister and the members of the cabinet.
Commander in chief of the armed forces
declares a state of siege
Power to dissolve parliament?
The President may, after consulting the Prime Minister and the Presidents of the Senate and the National Assembly, declare the National Assembly dissolved.
- No more than two dissolutions per mandate
- A first dissolution can be followed by a second only after 12 months
- No dissolution if the president is officially a candidate for reelection.
- The Senate cannot be dissolved.
other powers over parliament?
Can veto bills – the term in the constitution is that the President can “ask the parliament to debate the bill once again”. Then, for the bill to become a law, two thirds of the legislators must vote for it.
Within certain limits, can legislate (through the Prime Minister and cabinet) by executive order
Power to put a question to the people through referendum
Yes
Head of government different from head of state?
Yes. Prime Minister.
Appointment to post
Appointed by President
Powers/responsibilities of head of government
Chief executive officer serving under the President
Parliament
Bicameral:
- National Assembly
- Senate
Method of election of legislators
Deputies of the National Assembly: 120 in number, are elected for a period of 5 years in single-seat constituencies by absolute majority vote in 2 rounds if no candidate otains absolute majority in first round; members serve 5-year terms
The Senators, for their part, are 102 and are elected for a period of 6 years by
Powers to control executive branch
National Assembly must vote to approves/reject Prime Minister and entire government in one vote of confidence/no confidence when cabinet is appointed by President
Authorizes or not declarations of war by the executive
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch.
Prime Minister and entire cabinet must resign if the National Assembly votes in favor of a motion of no confidence. Such a motion is only admissible if it is signed by at least a ¼ of the members of the National Assembly.
The motion to censure can only be adopted by an absolute majority of the members of the National Assembly.
If the censure motion is rejected, its signatories cannot propose a new one during the same session
Judicial branch of government
Supreme Court
Form of the institution
Supreme Court : 4 permanent specialized supreme courts:
Constitutional Court
Court of Cassation
Administrative Supreme Court or State Council
Accounting Supreme Court or Cour des Comptes,
+ the non-permanent Court of State Security, initiated only for cases of high treason
Fundamental role of the institutions
Constitutional Court : guarantees the constitutionality of legislation and government action
Court of Cassation: highest court of appeals
Administrative Supreme Court or State Council: arbitrates disputes between state administrations or between them and citizens
Accounting Supreme Court or Cour des Comptes: audits government spending
+ the non-permanent Court of State Security, initiated only for cases of high treason
Relation to executive branch
Relation to legislative branch
Germany ("German Federal Republic")
Main government websites describing constitutional system of government
https://www.bundesregierung.de/Webs/Breg/EN/Homepage/_node.html
Territorial structure of the state
Federal
16 states (“Länder”)
The structures of the executive and legislative branches of government are reproduced in each of the 16 states
Head of state
Federal President of the Federal Republic of Germany
Appointment to post
Elected by the Federal Convention (equal parts members of the Bundestag and members elected by the parliaments of the Länder). 5-year mandate.
Powers and responsibilities of head of state
Can lead public debate in a non-partisan way, maintains national unity, appoints chancellor If no majority emerges. Essentially ceremonial and diplomatic functions.
Power to dissolve parliament?
Yes, in the event where the Chancellor loses a vote of confidence, or if the Bundestag is unable to come to a consensus as to the appointment of the Chancellor.
The Bundesrat cannot be dissolved.
other powers over parliament?
None
Power to put a question to the people through referendum
No
Head of government different from head of state?
Yes, the head of government is the Chancellor of the Federal Republic of Germany (Bundeskanzler - Bundeskanzlerin).
Appointment to post
Elected by the Bundestag.
Powers/responsibilities of head of government
Appoints/dismisses cabinet (no approval from parliament necessary), directs cabinet, defines policies.
Parliament
Unicameral or bi-cameral ?
Bicameral, divided into Bundestag and Bundesrat.
Method of election of legislators:
Powers to control executive branch:
Bundestag: proposes and votes on bills, votes the budget, monitors and controls the government.
Bundesrat: represents the 16 Länder at the federal level.
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
Bundestag: Can propose a vote of no confidence, dismiss the Chancellor and their entire cabinet, and appoint a new Chancellor immediately.
Bundesrat: no.
Judicial branch of government:
Form of the institutions:
Fundamental role of the institutions:
-- Bundesverfassungsgericht (Federal Constitutional Court):
Relation to executive branch:
Can impeach the federal president, judges, or a member of one of the Federal Supreme Courts, if a petition is presented by either the Bundestag or the Bundesrat.
Can rule any acts of the executive branch as unconstitutional.
Relation to legislative branch:
The Bundestag and Bundesrat can present petitions to impeach the Federal President to the Bundesverfassungsgericht.
Several political institutions, such as the governments of the Bundesländer, can bring a federal law before the Court for its constitutionality to be reviewed.
Main government websites describing constitutional system of government
https://www.bundesregierung.de/Webs/Breg/EN/Homepage/_node.html
Territorial structure of the state
Federal
16 states (“Länder”)
The structures of the executive and legislative branches of government are reproduced in each of the 16 states
Head of state
Federal President of the Federal Republic of Germany
Appointment to post
Elected by the Federal Convention (equal parts members of the Bundestag and members elected by the parliaments of the Länder). 5-year mandate.
Powers and responsibilities of head of state
Can lead public debate in a non-partisan way, maintains national unity, appoints chancellor If no majority emerges. Essentially ceremonial and diplomatic functions.
Power to dissolve parliament?
Yes, in the event where the Chancellor loses a vote of confidence, or if the Bundestag is unable to come to a consensus as to the appointment of the Chancellor.
The Bundesrat cannot be dissolved.
other powers over parliament?
None
Power to put a question to the people through referendum
No
Head of government different from head of state?
Yes, the head of government is the Chancellor of the Federal Republic of Germany (Bundeskanzler - Bundeskanzlerin).
Appointment to post
Elected by the Bundestag.
Powers/responsibilities of head of government
Appoints/dismisses cabinet (no approval from parliament necessary), directs cabinet, defines policies.
Parliament
Unicameral or bi-cameral ?
Bicameral, divided into Bundestag and Bundesrat.
Method of election of legislators:
- Bundestag: mixed-member proportional representation. 299 members represent single-seat constituencies elected by first-past-the-post system.
- Bundesrat: members are not elected by popular vote or the states’ parliaments, but are chosen by the respective state government. Each state has as many members as it has votes. Each state casts their vote en bloc. As each Land gets to decide when to conduct state elections, the Bundesrat can change majorities often.
Powers to control executive branch:
Bundestag: proposes and votes on bills, votes the budget, monitors and controls the government.
Bundesrat: represents the 16 Länder at the federal level.
Can the parliament dissolve itself (call for snap elections)?
No
Can legislators dissolve the executive branch?
Bundestag: Can propose a vote of no confidence, dismiss the Chancellor and their entire cabinet, and appoint a new Chancellor immediately.
Bundesrat: no.
Judicial branch of government:
- Bundesverfassungsgericht (Federal Constitutional Court)
- The Bundesgerichtshof (Federal Court of Justice of Germany) is the highest ordinary court and also the highest court of appeals.
Form of the institutions:
- Federal Constitutional Court: Composed of 16 judges sitting in two separate cambers called "Senates"; 8 judges are elected by Bundestag, 8 by the Bundesrat. A two-thirds majority is required in each chamber to appoint judges. Located in Karlsruhe.
- Bundesgerichtshof (Federal Court of Justice of Germany) : 25 chambers ("Senates") ocated in Karlsruhe and Leipzig.
Fundamental role of the institutions:
-- Bundesverfassungsgericht (Federal Constitutional Court):
- Court has the final say in deciding what is constitutional and what is not. No trials: the Court is not like a Supreme Court, it does not deliver judgements on cases that have been passed on from the bottom of the judicial hierarchy.
- may be called only if a constitutional matter within a case is in question (e.g. a possible violation of human rights in a criminal trial), while the Federal Court of Justice may be called in any case.
- highest ordinary court and also the highest court of appeals.
Relation to executive branch:
Can impeach the federal president, judges, or a member of one of the Federal Supreme Courts, if a petition is presented by either the Bundestag or the Bundesrat.
Can rule any acts of the executive branch as unconstitutional.
Relation to legislative branch:
The Bundestag and Bundesrat can present petitions to impeach the Federal President to the Bundesverfassungsgericht.
Several political institutions, such as the governments of the Bundesländer, can bring a federal law before the Court for its constitutionality to be reviewed.
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Iceland
Iceland is the world's oldest assembly democracy. Since its foundation in 930, the parliament’s assembly sessions were interrupted only between 1799 and 1845.
Main government websites describing constitutional system of government nt.is
Territorial structure of the state
unitary state
divided into regional authorities and national/central government.
Head of state
President of Iceland
Appointment to post
Democratically elected to post through national elections.
Powers and responsibilities of head of state
The limits and extent of the powers of the president are a subject of debate among constitutional experts in Iceland which is basically a parliamentary regime.
Power to dissolve parliament?
Yes.
other powers over parliament?
N/A.
Power to put a question to the people through referendum
Yes.
Head of government different from head of state?
Yes: Prime Minister
Appointment to post
Appointed to post by the President but only under the power of the majority seated in parliament
Powers/responsibilities of head of government
Head of government.
Exercises executive authority along with her cabinet.
Parliament
Unicameral:
Alþingi (anglicized as "Althingi" or “Althing” - Parliament).
Method of election of legislators
Party-list proportional representation using the D’Hont/Jefferson method with an open list.
There are 63 seats in Alþingi and members of parliament are elected to a four year term.
Powers to control executive branch
The Prime Minister is appointed by the President but as a result of the formation of a parliamentary majority. Since 1944, the formation of the cabinet has systematically been the result of negotiations between parties forming a coalition. No single party has ever enjoyed an absolute majority in the Alþingi.
As such, the Prime Minister and his or her cabinet is dependent on the majority in the Parliament as in the Westminster system.
Can the parliament dissolve itself (call for snap elections)?
Yes.
In 2017 there were two snap elections. Both were triggered by scandals involving the prime ministers.
Judicial branch of government
The “Highest Court of Iceland”
Form of the institution
composed of seven justices selected by the Qualifications Committee and nominated by the Minister of Justice for presidential confirmation. In cases where the minister wishes to make changes to the committee's selection, Parliament must approve of said changes with a simple majority vote.
Fundamental role of the institution
Relation to executive and legislative branches
The total independence of the justices form the other two branches is protected by the constitution
Iceland is the world's oldest assembly democracy. Since its foundation in 930, the parliament’s assembly sessions were interrupted only between 1799 and 1845.
Main government websites describing constitutional system of government nt.is
- https://www.forseti.is/ en
- https://www.stjornarra did.is/raduneyti/forsaet israduneytid/forsaetisra dherra/
- https://www.althingi.is
Territorial structure of the state
unitary state
divided into regional authorities and national/central government.
Head of state
President of Iceland
Appointment to post
Democratically elected to post through national elections.
Powers and responsibilities of head of state
The limits and extent of the powers of the president are a subject of debate among constitutional experts in Iceland which is basically a parliamentary regime.
- Mainly ceremonial; attending and speaking at important events as well as greeting other heads of states.
- Appoints ministers to the Cabinet of Iceland
- The president has legislative power jointly with the Parliament.
- The president can veto a bill
Power to dissolve parliament?
Yes.
other powers over parliament?
N/A.
Power to put a question to the people through referendum
Yes.
Head of government different from head of state?
Yes: Prime Minister
Appointment to post
Appointed to post by the President but only under the power of the majority seated in parliament
Powers/responsibilities of head of government
Head of government.
Exercises executive authority along with her cabinet.
Parliament
Unicameral:
Alþingi (anglicized as "Althingi" or “Althing” - Parliament).
Method of election of legislators
Party-list proportional representation using the D’Hont/Jefferson method with an open list.
There are 63 seats in Alþingi and members of parliament are elected to a four year term.
Powers to control executive branch
The Prime Minister is appointed by the President but as a result of the formation of a parliamentary majority. Since 1944, the formation of the cabinet has systematically been the result of negotiations between parties forming a coalition. No single party has ever enjoyed an absolute majority in the Alþingi.
As such, the Prime Minister and his or her cabinet is dependent on the majority in the Parliament as in the Westminster system.
Can the parliament dissolve itself (call for snap elections)?
Yes.
In 2017 there were two snap elections. Both were triggered by scandals involving the prime ministers.
Judicial branch of government
The “Highest Court of Iceland”
Form of the institution
composed of seven justices selected by the Qualifications Committee and nominated by the Minister of Justice for presidential confirmation. In cases where the minister wishes to make changes to the committee's selection, Parliament must approve of said changes with a simple majority vote.
Fundamental role of the institution
- supreme court of appeals of the country
- Monitors constitutionality of the actions and procedures of executive and legislative branches of government
Relation to executive and legislative branches
The total independence of the justices form the other two branches is protected by the constitution
India (Republic of)
Main government websites describing constitutional system of government
Territorial structure of the state
Federal
Head of state
President of India
Appointment to post
Indirect election: through an electoral college and legislative assemblies of each Indian state and territory.
Powers and responsibilities of head of state
Mainly ceremonial
Power to dissolve parliament?
Yes
other powers over parliament?
Power to put a question to the people through referendum
Yes
Head of government different from head of state?
Yes, prime minister although president has extensive power over
the government
Appointment to post
Appointed by president
By convention, must be supported by the party or coalition having a majority of seats in the lower house of parliament (a characteristic of the Westminster model of parliamentary government)
Powers/responsibilities of head of government
Parliament
Bicameral: Composed of the President of India and the two houses:
Method of election of legislators
Rajya Sabha (Council of States) - upper house
Lok Sabha (House of the People) - lower house
Powers to control executive branch
The Prime Minister and the cabinet are subordinate to the legislature; they are directly responsible to the lower house of the parliament, which means that the cabinet must submit most processes of decision-making to debate in the lower house --- a characteristic of the Westminster model of parliamentary government.
Can the parliament dissolve itself (call for snap elections)?
Yes, if government collapses, or upon failure of winning a confidence vote. (India has done this on two occasions in the past).
Can legislators dissolve the executive branch.
No
Judicial branch of government
Form of the institution
Fundamental role of the institution
A system of courts that interprets and applies the law. To decide cases, including determination of the relevant facts, then the determination of the relevant law and the location of the relevant facts to the relevant law.
Relation to executive branch
Judicial system is managed and administrated by the officers of Judicial Service. However, the president appoints the Chief of Justice of India and judges. He also dismissed judges.
Relation to legislative branch
N/A
Main government websites describing constitutional system of government
- https://www.in.gov/judiciary/
- https://www.pmindia. gov.in/en/primeministers-office/
- https://parliamentofindia.nic.in
- https://www.india.gov.in
Territorial structure of the state
Federal
Head of state
President of India
Appointment to post
Indirect election: through an electoral college and legislative assemblies of each Indian state and territory.
Powers and responsibilities of head of state
Mainly ceremonial
- According to oath: to preserve, protect and defend the constitution and the law of India.
- Executive power is invested in the president per article 53.
- Appoints Prime Minister
- Any monetary bill introduced in parliament must first receive the president's recommendation.
- Negotiates all international treaties and agreements.
- Supreme Commander of the Indian Armed Forces
- Extensive pardoning powers
- Can declare several states of emergencies
Power to dissolve parliament?
Yes
other powers over parliament?
- Has extensive powers over all financial matters regarding the parliament
- Every parliamentary bill passed by the parliament must be accepted by president in order to become law.
- When either of two houses of parliament of India are not in session and the government feels the need for an immediate procedure, the president can enact interim or temporary legislations.
Power to put a question to the people through referendum
Yes
Head of government different from head of state?
Yes, prime minister although president has extensive power over
the government
Appointment to post
Appointed by president
By convention, must be supported by the party or coalition having a majority of seats in the lower house of parliament (a characteristic of the Westminster model of parliamentary government)
Powers/responsibilities of head of government
- The chief executive officer of government, chief adviser to the president
- In practice: exercises most executive power
- Head of the council of ministers and the leader of the majority party.
Parliament
Bicameral: Composed of the President of India and the two houses:
- Rajya Sabha (Council of States)
- Lok Sabha (House of the People)
Method of election of legislators
Rajya Sabha (Council of States) - upper house
- Elected by the legislatures of the states and union territories using single transferable votes.
- President can appoint 12 members for their contribution to art, literature, science, and social services.
- Members sit for terms which lasts six years but with elections every year.
Lok Sabha (House of the People) - lower house
- Elected through a vote by all adult citizens of India in their respective constituencies. They hold their seats for five years.
- Called Members of Parliament
Powers to control executive branch
The Prime Minister and the cabinet are subordinate to the legislature; they are directly responsible to the lower house of the parliament, which means that the cabinet must submit most processes of decision-making to debate in the lower house --- a characteristic of the Westminster model of parliamentary government.
Can the parliament dissolve itself (call for snap elections)?
Yes, if government collapses, or upon failure of winning a confidence vote. (India has done this on two occasions in the past).
Can legislators dissolve the executive branch.
No
Judicial branch of government
Form of the institution
- Supreme Court of
- High Court of India
- District Court of India
Fundamental role of the institution
A system of courts that interprets and applies the law. To decide cases, including determination of the relevant facts, then the determination of the relevant law and the location of the relevant facts to the relevant law.
Relation to executive branch
Judicial system is managed and administrated by the officers of Judicial Service. However, the president appoints the Chief of Justice of India and judges. He also dismissed judges.
Relation to legislative branch
N/A
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Nigeria (Federal Republic of)
Democratic rule was restored in 1999. The constitution of 1999 (of the "Fourth Republic") replaced a Westminster system of parliamentary democracy with a presidential system based on the American model. Since then, the National Assembly has been said to be a "learning process" that has witnessed the election and removal of several Presidents of the Senate, allegations of corruption, slow passage of private member's bills and the creation of ineffective committees to satisfy numerous interests. The 2011 presidential election is considered the first to be reasonably free and fair.
Main government websites describing constitutional system of government
Territorial structure of the state
Federal
Head of state
The President
Appointment to post
Powers and responsibilities of head of state
Power to dissolve parliament?
Yes
other powers over parliament?
Can veto legislation unless veto is overridden by both chambers.
Power to put a question to the people through referendum
No
Head of government different from head of state?
(A Vice-President is appointed but is not head of government)
Appointment to post
[not applicable]
Powers/responsibilities of head of government
[not applicable]
Parliament
Bicameral - National Assembly is the name of both chambers:
Method of election of legislators
Both houses :
Powers to control executive branch
Senate can impeach judges and other high officials of the executive
- also confirms the President's nomination of senior diplomats, members of the federal cabinet, federal judicial appointments and independent federal commissions.
Can the parliament dissolve itself (call for snap elections)?
No
Judicial branch of government
Federal Supreme Court
Form of the institution
Presided over by the chief justice and has up to 15 justices
Fundamental role of the institution
final court of appeal
Relation to executive branch
Can check executive power but is not powerful enough to be a full constraint
Relation to legislative branch
Legislators must approve appointment
Democratic rule was restored in 1999. The constitution of 1999 (of the "Fourth Republic") replaced a Westminster system of parliamentary democracy with a presidential system based on the American model. Since then, the National Assembly has been said to be a "learning process" that has witnessed the election and removal of several Presidents of the Senate, allegations of corruption, slow passage of private member's bills and the creation of ineffective committees to satisfy numerous interests. The 2011 presidential election is considered the first to be reasonably free and fair.
Main government websites describing constitutional system of government
- http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
- https://statehouse.gov.ng/
- http://www.nigeriaembassyusa.org/index.php?page=government
Territorial structure of the state
Federal
- 36 states
- 1 Federal Capital Territory
Head of state
The President
Appointment to post
- Direct popular election - two round system
- 4-year mandate
- to be elected in the first round, a candidate must receive a majority of the vote and over 25% of the vote in at least 24 of the 36 states. If no candidate passes this threshold, a second round is held.
Powers and responsibilities of head of state
- Conducting domestic and foreign policy.
- Executing the office of commander-in-chief of the Nigerian Armed Forces.
- Assenting to and signing bills.
- Referring a bill back to the National Assembly for reconsideration of the bill's constitutionality.
- Referring a bill to the Supreme Court for a decision on the bill's constitutionality.
- Appointing the Supreme Court justices of Nigeria on the recommendation of the National Judicial Council of Nigeria.
Power to dissolve parliament?
Yes
other powers over parliament?
Can veto legislation unless veto is overridden by both chambers.
Power to put a question to the people through referendum
No
Head of government different from head of state?
(A Vice-President is appointed but is not head of government)
Appointment to post
[not applicable]
Powers/responsibilities of head of government
[not applicable]
Parliament
Bicameral - National Assembly is the name of both chambers:
- senate
- house of representatives
Method of election of legislators
Both houses :
- single seat constituency
- 1st past the post
Powers to control executive branch
Senate can impeach judges and other high officials of the executive
- also confirms the President's nomination of senior diplomats, members of the federal cabinet, federal judicial appointments and independent federal commissions.
Can the parliament dissolve itself (call for snap elections)?
No
Judicial branch of government
Federal Supreme Court
Form of the institution
Presided over by the chief justice and has up to 15 justices
Fundamental role of the institution
final court of appeal
Relation to executive branch
Can check executive power but is not powerful enough to be a full constraint
Relation to legislative branch
Legislators must approve appointment
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United Kingdom
The "UK's" political system is a model adopted by many other countries known as the "Westminster system" (see bottom of page for full list).
Main government websites describing constitutional system of government
Territorial structure of the state
The United Kingdom is the result of a merger of four countries: two kingdoms, England and Scotland, Wales, a principality, and Ireland (the largest part of which progressively became an independent and sovereign republic in the 1920s and 1930s).
Unitary but in process of devolution : progressive delegation of central governmental powers to local governments in Scotland, Wales, and Northern Ireland (this seems to give the UK the appearances of becoming a federal state; decentralization has gone as far as the institutions allowing a perfectly legal referendum on independence in Scotland in 2014).
The Isle of Man and the Channel islands (the archipelago 10 miles off the coast of Normandy including Jersey and Guernsey) are under the lordship of the English (later British) crown; they are a "crown dependency" but are not part of the UK and were enver part of the European Union. These are relics of the ancient feudal system.
To understand the complicated representations of the territory of the UK, of the British Isles and of here is a map and, (for comic relief but with great accuracy) a skit by the group of Irish stand up comedians "Foil Arms and Hog":
The "UK's" political system is a model adopted by many other countries known as the "Westminster system" (see bottom of page for full list).
Main government websites describing constitutional system of government
Territorial structure of the state
The United Kingdom is the result of a merger of four countries: two kingdoms, England and Scotland, Wales, a principality, and Ireland (the largest part of which progressively became an independent and sovereign republic in the 1920s and 1930s).
Unitary but in process of devolution : progressive delegation of central governmental powers to local governments in Scotland, Wales, and Northern Ireland (this seems to give the UK the appearances of becoming a federal state; decentralization has gone as far as the institutions allowing a perfectly legal referendum on independence in Scotland in 2014).
The Isle of Man and the Channel islands (the archipelago 10 miles off the coast of Normandy including Jersey and Guernsey) are under the lordship of the English (later British) crown; they are a "crown dependency" but are not part of the UK and were enver part of the European Union. These are relics of the ancient feudal system.
To understand the complicated representations of the territory of the UK, of the British Isles and of here is a map and, (for comic relief but with great accuracy) a skit by the group of Irish stand up comedians "Foil Arms and Hog":
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Head of state
Monarch
Appointment to post
Hereditary monarchy
Powers and responsibilities of head of state
essentially ceremonial, symbolic leadership (state unity, morale, ceremonial meetings with heads of states, diplomats and thousands of local officials )
Remaining power:
Power to dissolve parliament?
Yes
only House of Commons and only upon demand of the House itself
other powers over parliament?
Retains right to veto bills (but not used since 1707)
Note: there was some expectation in the public (alluded to in the media) that the queen was to use this right to veto law on Brexit. The queen did not take this risk of provoking a major constitutional crisis.
Power to put a question to the people through referendum
No
Head of government different from head of state?
Yes: Prime Minister (“PM”)
Appointment to post
Must be head of party representing majority in Parliament (or part of majority coalition) and must be Member of Parliament
Powers/responsibilities of head of government
Is the chief executive officer of the House of Commons, administrator for all government functions in the UK.
The Prime Minister and the cabinet are not only subordinate to the legislature, they are its emanation; they are directly responsible to the lower house of the parliament, which means that the cabinet must submit most processes of decision-making to debate in the lower house --- a characteristic of the Westminster model of parliamentary government.
Parliament
Bicameral (legislators are called "MPs")
Method of election of legislators
Commons:
Powers to control executive branch
PM and all cabinet members must be MPs;
PM and all cabinet members must be part of majority in House of Commons
Government must regularly report and submit to debate its actions and intentions in parliamentary sessions
Can vote budget and laws to limit government actions
Can the parliament dissolve itself (call for snap elections)?
If yes, under which conditions?
Yes.
Only Commons.
Only if 2/3 of MPs vote in favor
Judicial branch of government
took its present form only very recently :
Form of the institution
Supreme Court of the United Kingdom
10 judges presided by President, and Deputy President.
New Judges appointed by
President of the Supreme Court (the chair), another senior UK judge (not a Supreme Court Justice), and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission
Fundamental function of the institution
final court of appeal in the United Kingdom for civil cases, and for criminal cases from England, Wales and Northern Ireland
(Scotland: special status)
determines "devolution issues"
Separation of powers not as effective in USA:
Relation to executive branch
[not applicable]
Relation to legislative branch
Existence is very recent; status is still evolving
Independent from legislative branch but separation of powers not unambiguously guaranteed
Monarch
Appointment to post
Hereditary monarchy
Powers and responsibilities of head of state
essentially ceremonial, symbolic leadership (state unity, morale, ceremonial meetings with heads of states, diplomats and thousands of local officials )
- Serves as consultant, advisor to PM (meeting once a week)
- Head of state of several other states
- Head of commonwealth
- Head of Church of England
Remaining power:
- Richest source of information on constitutional law and common law of UK
- Richest primary source on history of UK and even world history (oral tradition)
- The longest the reign, the more information and political expertise monarch accumulates over decades => can privately advise PM
- Can exercise role of most powerful lobby in the country (recent examples of succesful lobbying by royal family: environmental causes, social justice, preservation of historic monuments, etc.)
Power to dissolve parliament?
Yes
only House of Commons and only upon demand of the House itself
other powers over parliament?
Retains right to veto bills (but not used since 1707)
Note: there was some expectation in the public (alluded to in the media) that the queen was to use this right to veto law on Brexit. The queen did not take this risk of provoking a major constitutional crisis.
Power to put a question to the people through referendum
No
Head of government different from head of state?
Yes: Prime Minister (“PM”)
Appointment to post
Must be head of party representing majority in Parliament (or part of majority coalition) and must be Member of Parliament
Powers/responsibilities of head of government
Is the chief executive officer of the House of Commons, administrator for all government functions in the UK.
The Prime Minister and the cabinet are not only subordinate to the legislature, they are its emanation; they are directly responsible to the lower house of the parliament, which means that the cabinet must submit most processes of decision-making to debate in the lower house --- a characteristic of the Westminster model of parliamentary government.
Parliament
Bicameral (legislators are called "MPs")
- House of Commons
- House of Lords
Method of election of legislators
Commons:
- single seat constituency
- 1st past the post
Powers to control executive branch
PM and all cabinet members must be MPs;
PM and all cabinet members must be part of majority in House of Commons
Government must regularly report and submit to debate its actions and intentions in parliamentary sessions
Can vote budget and laws to limit government actions
Can the parliament dissolve itself (call for snap elections)?
If yes, under which conditions?
Yes.
Only Commons.
Only if 2/3 of MPs vote in favor
Judicial branch of government
took its present form only very recently :
- 2005: Supreme court created by Constitutional Reform Act voted by Parliament; House of Lords looses status as court of last resort of UK
- 2009: Supreme court enters in function
Form of the institution
Supreme Court of the United Kingdom
10 judges presided by President, and Deputy President.
New Judges appointed by
President of the Supreme Court (the chair), another senior UK judge (not a Supreme Court Justice), and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission
Fundamental function of the institution
final court of appeal in the United Kingdom for civil cases, and for criminal cases from England, Wales and Northern Ireland
(Scotland: special status)
determines "devolution issues"
Separation of powers not as effective in USA:
- Principle of Sovereignty of Parliament may put some limits on powers of judicial branch
- Supreme court cannot overrule major legislation voted by Parliament
- Can only overrule « secondary » legislation
Relation to executive branch
[not applicable]
Relation to legislative branch
Existence is very recent; status is still evolving
Independent from legislative branch but separation of powers not unambiguously guaranteed
United States of America
Main government websites describing constitutional system of government:
Territorial structure of the state:
federal - the structures of the three branches of government are reproduced in each of the 50 states (small variations such as a unicameral parliament instead of bicameral system are exceptional)
Head of state:
President of the U.S.
Appointment to post:
Indirect election every 4 years : voters elect members of electoral college supporting, in each state, one candidate or another; each state is allocated a number of members of the electoral college proportional to its population (in the federal system of government, to reduce the inequality of powers between states, rural states with very smaller populations are allocated a number of members of the electoral college slightly higher than the actual % of their population compared to larger states )
Powers and responsibilities of head of state:
Defines the main policies of the government and the actions necessary to implement them.
Commander in chief of the armed forces (armed forces literally serve under orders of POTUS)
Power to dissolve parliament?
No
Other powers over parliament?
Can veto legislation.
Power to put a question to the people through referendum?
No
Head of government different from head of state?
No
Appointment to post
[not applicable]
Powers/responsi bilities of head of government
[not applicable]
Parliament:
Bicameral - Congress is the name of both chambers:
Method of election of legislators
Both houses:
Powers to control executive branch
Can the parliament dissolve itself (call for snap elections)?
If yes, under which conditions?
No
Judicial branch of government
Supreme Court of the United States
Form of the institution
9 judges (“justices”) appointed for life
Chief Justice presides
Fundamental role of the institution
Relation to executive branch
Relation to legislative branch
Legislators must approve appointment (confirmation procedure)
Main government websites describing constitutional system of government:
- https://www.usa.gov/organizati on-of-the-us-government
- www.senate.gov
- https://www.house.gov/thehouse-explained
- https://www.supremecourt.gov /about/institution.aspx
Territorial structure of the state:
federal - the structures of the three branches of government are reproduced in each of the 50 states (small variations such as a unicameral parliament instead of bicameral system are exceptional)
- 50 states
- District of Columbia
- Indian Reservations
- Overseas territories
Head of state:
President of the U.S.
Appointment to post:
Indirect election every 4 years : voters elect members of electoral college supporting, in each state, one candidate or another; each state is allocated a number of members of the electoral college proportional to its population (in the federal system of government, to reduce the inequality of powers between states, rural states with very smaller populations are allocated a number of members of the electoral college slightly higher than the actual % of their population compared to larger states )
Powers and responsibilities of head of state:
Defines the main policies of the government and the actions necessary to implement them.
Commander in chief of the armed forces (armed forces literally serve under orders of POTUS)
Power to dissolve parliament?
No
Other powers over parliament?
Can veto legislation.
Power to put a question to the people through referendum?
No
Head of government different from head of state?
No
Appointment to post
[not applicable]
Powers/responsi bilities of head of government
[not applicable]
Parliament:
Bicameral - Congress is the name of both chambers:
- Senate
- House of representatives
Method of election of legislators
Both houses:
- single seat constituency
- 1st past the post
Powers to control executive branch
- Can vote budget and laws to limit government actions
- Power to block appointments of cabinet members or Supreme Court justices (confirmation procedure)
- Judicial review
Can the parliament dissolve itself (call for snap elections)?
If yes, under which conditions?
No
Judicial branch of government
Supreme Court of the United States
Form of the institution
9 judges (“justices”) appointed for life
Chief Justice presides
Fundamental role of the institution
- Ultimate court of appeals in all trial cases
- Guarantees the constitutionality of bills, laws and actions of other two branches of government
Relation to executive branch
- Completely independent from other two branches (principle of separation of powers)
- Judges are appointed by personal choice of POTUS
Relation to legislative branch
Legislators must approve appointment (confirmation procedure)
V
W
The Westminster Parliamentary System of Government
Read more about the system in the West Australian article: "Responsible government: Westminster system explained" by Troy Lennon (graphic by N&C - Nature & Cultures staff):
Read more about the system in the West Australian article: "Responsible government: Westminster system explained" by Troy Lennon (graphic by N&C - Nature & Cultures staff):
