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11- The comparative analysis of interest processing (separation of powers …
11- The comparative analysis of interest processing
separation of powers - comparative constitutions
rulers are limited by the rule of law --> supremacy of regular aw, prevent arbitrary power, equality before the law
requirements for the rule of law to be effective - Bingham
protect fundamental human rights
settle civil disputes without prohibitive cost or inordinate delay
public officials exercice their functions fairly, respect their mission
faire trial
apply equally to all
states comply w/ international legal obligations
law : accessible, intelligible, clear, and predictable
comparing constitutions
written or not (UK, NZ, Israel)
flexible or rigid
structure : preamble, organisational section, bill of rights, procedures for amendements
principles for democratic constitutions
separation of powers
rights and duties, gvt pawers is constrained
peaceful transfer of power btw gvt
who is sovereign (people ? parliament ? )
gvt acocuntability
rule of law
final arbiter : who interprets the C°
constitutional design
vertical --> separation of powers territorially
horizontal : separation of powers btw branches of gvt
Constitutional courts and judicial review
C° not self-implemented
review can be done by judiciary --> fear of judicial activism
comparing legislatures
definitions
deliberative body, decision makers, represent the pop. Not always democratic
functions
propose, formulate, pass legislation
authorize public policies
deliberation of current issues
form the gvt (in parliamentary and semi-residential)
control the actions of the executive
popular representation
organisation and structure
size depends on the pop
monocameral (small, homogenous or authoritarian countries) / bicameral (national vote vs : classe, territory... / symmetric or asymetric)
comparing executives
definition
political leaders, institution that direct the gvt, make decisions, supervise the implementation of politics / can often make laws
comparing executive - legislative relations
Parliamentary system
main features
head of gvt can be dismissed by a vote of no confidence
head of gvt =/= head of state
ministers come from the majority
collegial executive
most euro countries
Presidential systems
main features
head of state = head of gvt
fixed term : can't be dismissed
popular election of the President
can't be in the executive and the legislature
most Latin American + the US
semi-presidential
directly elected + powerful head of state
head of gvt elected by the legislature
possibility of cohabitation
multilevel. governance, territorial organisation and federalism
elementary territorial structure
delegated offices
subnational gvt (local)
central gvt
main ways of structuring
quasi-federal / decentralized states
strong asymmetries of power
no real financial autonomy
states or regions are not fully sovereign
pb : representation in parliament
federal states and confederal
shared legal sovereignty, reparation depends on C°
usually the states have equal powers / financial autonomy by interdependencies
confederation : the central state is weaker
unitary states
most numerous
subnational authorities depends on the delegation of the central gvt
decentralisation : delegate the execution
devolution : decision-making autonomy
déconcentration : distribution of central gvt across the territory
public bureaucracies and public policies
definitions
structures that implement policies, composed by non elected ppl
Weber
impersonal authority
meritocracy
division of tasks
secure jobs and salaries
disciplined hierarchy
organisation of bureaucracy
division, section or bureau : operating unite
non-departemental public bodies
gvt
policy analysis
policy = decision w/ a direction of actions
stages
implementation
evaluation
formulation of proposals
review
agenda-setting
different approaches
top-down : policy-makers define outputs and outcomes
bottom-up : multiple actors participe in design