CONSTITUTIONAL SYSTEMS

AND MODELS FROM AND

INTERNATIONAL
PERSPECTIVE
Maria Rodriguez Carrion
International Relations, URJC
2020/2021
P.F Carlos Uriarte
INDEX
INDEX .............................................................................................................................................................. 2
UNIT 1: POWER, STATE AND CONSTITUTION ..................................................................................................... 3
POWER....................................................................................................................................................................... 3
THE STATE .................................................................................................................................................................. 3
UNIT 2: THE SOURCES OF LAW IN THE SPANISH LEGAL SYSTEM .......................................................................... 7
THEORY OF THE CONSTITUTIONS .............................................................................................................................. 7
SOURCES OF LAW ...................................................................................................................................................... 8
UNIT 3: THE PARLIAMENTARY MODELS........................................................................................................... 15
BRITISH MODEL ....................................................................................................................................................... 15
GERMAN MODEL ..................................................................................................................................................... 16
ITALIAN MODEL ....................................................................................................................................................... 17
SPANISH MODEL ...................................................................................................................................................... 18
UNIT 4: PRESIDENTIALIST MODELS.................................................................................................................. 21
THE NORTH AMERICAN MODEL: THE UNITED STATES OF AMERICA ....................................................................... 21
THE LATIN AMERICAN MODEL ................................................................................................................................. 24
UNIT 5: SEMIPRESIDENTIALIST MODELS .......................................................................................................... 25
THE FRENCH MODEL ................................................................................................................................................ 26
UNIT 6: EMERGING DEMOCRACIES ................................................................................................................. 26
BRAZIL...................................................................................................................................................................... 27
INDIA........................................................................................................................................................................ 28
SOUTH AFRICA ......................................................................................................................................................... 29
JAPAN ...................................................................................................................................................................... 31
ISRAEL ...................................................................................................................................................................... 32
UNIT 7: THE THIRD WORLD MODELS ............................................................................................................... 34
STRANGE EXAMPLES OF THIRD WORLD COUNTRIES............................................................................................... 36
KENYA ...................................................................................................................................................................... 36
INDONESIA............................................................................................................................................................... 37
UNIT 8: AUTHORITARIAN MODELS .................................................................................................................. 38
RUSSIA ..................................................................................................................................................................... 38
CHINA ...................................................................................................................................................................... 40
SAUDI ARABIA .......................................................................................................................................................... 42
IRAN ......................................................................................................................................................................... 43
UNIT 9: TOWARDS A WORLDWIDE CONSTITUTION? ........................................................................................ 44
UNIT 10: THE EUROPEAN UNION .................................................................................................................... 46
THE SPANISH STATE AS A MEMBER OF THE INTERNATIONAL COMMUNITY ........................................................... 46
THE EUROPEAN UNION AND ITS INSTITUTIONS ...................................................................................................... 47
UNIT 1: POWER, STATE AND CONSTITUTION
The elements of the state are: power, territory and people
POWER
The search for power is indefinite and its yields are increasing. According to Hobbes, men seek
to increase their power indefinitely: "So that in the first place, I put for a general inclination of all
mankind, a perpetual and restless desire of Power after Power; » and this desire « ceased only in
Death. »
The greatest human power: It is the one "which is compounded of the powers of most men,
united by consent, in one person, Natural or Civil, that has the use of all their powers depending
on his will". It is a matter of bringing together in a bundle the powers of all, to form a single
"natural or civil person" who holds all these powers under a single will. The example given is the
one of a State.
A second case is a simple alliance, an agreement. Then the use of the powers of all depends on
the will of the individuals who are allied ("depending on the wills of each particular"). Such is the
power of a faction, or of allied factions.
To attach the powers of people by buying them? Does not every person have their price? Wealth
is purchasing power, not of goods, but of people. For Hobbes, work can be exchanged like any
other good.... Indeed, Hobbes writes: "The value, or Worth of a man, is as of all other things, his
price; that is to say, so much as would be given for the use of his power". The value of a person
is the price to pay for their power.
THE STATE
Alluding to a series of elements that are considered classic in the doctrine, we can describe the
State as territorial society, organized according to law and endowed with a power qualified as
sovereign. Its corporate and territorial qualifications are most significant, in addition to its
character of power and domination.
Process of formation of the State: evolution
In Europe, during the Middle Ages, the prevailing feudal system precluded the existence of social
organizations that could be considered states because they prevented the concentration of
power in a single nerve center. It was during the Modern Age, when Machiavelli introduced the
term “State” to refer to the Renaissance political organization, that bureaucratic, organizational,
economic, political and military centralization developed, resulting from Bourgeoisie support of
the Monarch. The intent of the Bourgeoise was to expand markets, which were restricted under
the feudal system. The King increased his power by submitting to the feudal nobles. We enter
the stage of the absolute monarchies which, moreover, are characterized by an attempt to unify
the legal system.
This absolute character of the monarchy persisted, depending on the country, from the fifteenth
through the nineteenth century, including a stage of state evolution that proceeded as follows:
a) Absolutist monarchical state strito sensu: L'Etat c'est moi (Louis XIV): princeps legibus
solutus est.
b) State of illustrated despotism: Carlos III of Spain and Catalina of Russia (S.XVIII).
c) The liberal state of law: the revolutions of the eighteenth century gave way to limited
monarchies under what is known as the liberal state or, legally, a state of law. The liberal
state is characterized by a control of powers and submission of the King to the norm and
the appearance of the recognition of the rights of man and of the citizen (Declaration of
the French revolution 1789).
d) The demo liberal state: The democratic and social state (interwar period): Constitution of
Weimar in Germany and Constitution of the Spanish Republic of 1931. There appear
mechanisms of semi-direct democracy within the representative democracy that protects
the social, cultural and political minorities.
Elements of the State: people, territory and power
• The people as element of the State.
• The territory as element of the State (Heller y Jellinek).
• Any territory with political effects has a people group that exercises public power (Heller).
• The territory acts, inwardly, as an element of national awareness (Jellinek).
• The power as element of the State.
• The power of the state greatly depends on strength, coercion, and consent; and on the
citizen's awareness that its commands are right for the common interests. When based
on force alone, as in a dictatorship, it is only a factual power. It lacks the element of
consent that is the one that ultimately legitimates power and converts it into power of
law.
• Bodino will include the concept of sovereignty as element of the State too.
Sovereignty as a defining element of the State: Bodine (middle of 16th century): exponent of the
concept of sovereignty proper to absolutism: “The six books of the Republic”.
A sovereign power is that which is absolute, perpetual, original, invisible and inalienable, such as
that of notes that ratify the desires of a monarch. Such a note justifies the essence of the
monarch’s power and the use of it. The text also alludes to the formative qualities of power, thus
proceeding to a study and justification of both its subjective and objective aspects. It also
highlights eight fundamental aspects that reveal whether a State is sovereign or not: the right to
coin money, to make war or peace or to create new taxation are faithful exponents of the
sovereign power of command, which are generally preached by the one who enjoys ius
legislationis, the right to legislate. He makes a difference between ius and lex.
• Sieyès: sovereignty resides in the nation. The author advocates census suffrage (subject
to economic and class constraints).
 • Rousseau: sovereignty resides in the people. This author considers that a quota of
sovereignty correspo to each individual that composes the social body, reason why the
suffrage must be universal
The current status of sovereignty. In present day, the tension between national and popular
sovereignty can be considered to be overcome by the universal admission of suffrage as a right,
which makes sovereignty universal. This is evident even in the Constitution of 1978, in which the
Preamble refers to the nation as the possessor of sovereignty ("The Spanish Nation ... in use of
its sovereignty"), although in Article 1.2. of the Spanish Constitution that establishes that
sovereignty resides in the Spanish people.
Absolut State authors: Machiavelli, Bodine and Hobbes.
The Absolutist State Monarchic. Until the Modern Age, the State does not appear as a form of
corporate organization. Absolute State Theory: Machiavelli, Bodine and Hobbes.
• Machiavelli (XV and XVI Century): The Prince. Machiavelli, in his work The Prince, is the
first to use the term "State" to refer to what remains against the dynamism that
characterizes political events. "The end justifies the means": it is the beginning of the
theory of "the reason of State", title of the work that Botero will write at the end of XVI
century.
Machiavelli distinguishes the "virtuous" rulers, that is to say, those who are always
attentive to the solution of the possible problems, and those who are "fortunate",
because they trust that luck will solve the problems or prevent them from being raised.
The greater the "virtue”, the less the "fortune" and the greater possibility of remaining in
power, since the situation will be more under control.
• Bodine: (it has already been explained in the 9th slide).
• Hobbes: “man is a wolf to man”. He wrote the book “Leviatan”. Hobbes justifies the
absolute state that appears as the result of a social contract by virtue of which all person’s
renounce, by means of a general assignment, their rights in order that the State guarantee
them their safety. There is a struggle between the concepts of freedom and security.
Bodine, Machiavelli and Hobbes are the hallmark theoreticians of the absolutist State.
Spanish authors of the absolute State theory:
• Francisco de Vitoria (the power of the king under the general interest and the divine law).
• Francisco Suarez differentiated the mediate origin of power, which actually came from
God, and the immediate one, the monarch. He considered that God projected himself to
society and gave the power to the monarch through a pact. This implied the respect of a
series of rights of the subjects.
• Juan de Mariana even allowed that tyrannicide does not oppose the divine law,
differentiating between attacking the right King and the one who was not, thus supporting
the right of resistance.
In relation to the theoretical authors of the liberal state, the following stand out:
• Juan Jacobo Rousseau, who wrote the work: "The social contract". He defended direct
democracy. He is considered the father of modern pedagogy.
• Baron de Montesquieu, who wrote the work "The spirit of the laws". It is considered the
maximum exponent of the theory of the division of powers.
• Alexis de Tocqueville, who wrote "Democracy in America", forerunners of classical
sociology and liberal author.
• John Locke, who wrote the play: "Two Treaties of Civil Government." He is considered
"father of classical liberalism".
UNIT 2: THE SOURCES OF LAW IN THE SPANISH
LEGAL SYSTEM
THEORY OF THE CONSTITUTIONS
Typologies of Constitutions
1- Granted, agreed or imposed Constitutions
• A Constitution is granted when the constituent power resides in the Monarch and it,
graciously, grants to its subjects a series of rights, thus self-limiting its own power.
• A Constitution is agreed when the constituent power resides in two subjects and when
these two subjects must agree on a text.
• Our Cadiz Constitution of 1812 (Constitucion gaditana), our famous "Pepa" was imposed,
and this is a reflection of how the constituent power resides in the nation, later in the
town. The constitutional text was imposed upon the King who was bound by its
prescriptions.
2-Written or customary Constitutions
- The Constitutions can, secondly, be classified as written or customary ones, depending on
whether they enjoy an articulated definition or are kept in the memory of a people, fruit
of the existence of customs and conventions that make their politicization unnecessary.
3-Flexible and rigid Constitutions
• A Constitution is flexible when, in order to proceed with its reform, it is not necessary to
resort to a different procedure from the one established with an ordinary character for
the creation and modification of legislation.
• A Constitution is rigid when, on the contrary, it necessitates for its reform an aggravated
procedure that shows the importance of the modification to be made and that the active
subject of the first decision was the constituent power.
4-Brief or extensive constitutions
• In primitive constitutionalism, the tendency, clearly exemplified in the three hundred and
eighty-four articles of our Constitution of 1812, was to be lavished in its extension. In a
vision of breaking with the system established in the Old Regime, the motives were based
on the true need to record a totally novel model that was to be made explicit for its
knowledge and understanding.
• It is also true that the shortest and oldest constitution in the world, the American
Constitution of 1787, consists only of seven articles, which are very developed. However,
this classification will be meaningless unless brevity involves a limitation of content and
extension consists in the production of a series of precepts that have nothing to do with
the essence of the constitutional organization.
5-Original and derived Constitutions
• It is obvious to say that at the beginning all the Constitutions brought some new
concepts to the organization of powers, as did the French Constitutions of 1791
and 1793 with a representative system, instead of a direct democracy more in the
line of Rousseau; the US Constitution of 1787, for its part, provides a federal
territorial form applied to large tracts of land.
In another sense, the constitutionalism of the Soviets and the third world countries
appears to be original.
• On the other hand, constitutional novelties usually appear in periods of great
revolutionary change or of great change in political regime, rather than in
constitutional text.
6-Normative, nominal and semantic Constitutions
• They are normative when the law orders the political life, when what the
Constitution establishes is fulfilled in practice.
• A Constitution is considered nominal when, although it is legally valid, it is not
effective in practice, since it is dissociated from society.
• It is called semantic when it prescribes fundamental norms that really serve to
mask the reality.
7-Ideological or neutral Constitutions
• Ideological constitutions are exponents of a given ideology. Neutral constitutions are
those that establish a mere procedure for making general decisions.
8-Currently, classification also considers much more specific data, such as the form of territorial
organization, the form of Head of State or the existing relationship between powers. Thus:
• Constitutions unitary, federal and regional or autonomous.
• Presidential, parliamentary and directorial constitutions.
• Constitutions monarchical or republican.
SOURCES OF LAW
The Spanish Constitution:
Before the Spanish Constitution of 1978 entered into force, the sources of law were regulated by
the Civil Code whose art. 1.1 stated that: "The sources of the Spanish legal order are the law,
custom and general principles of law. »
This regulation of the Civil Code has not been repealed but must be interpreted according to the
Constitution and in particular in its article 149.1 8a where reference is made to the sources.
The sources of the Spanish order are:
• Law: Rules issued by the Legislative Branch. In addition to the law itself, we must include
the royal decrees, circular instructions, real orders ...
• Custom: Norm created by the People and externalized through a repeated and constant
practice of a certain activity. It is the norm imposed by the social use.
• General Principles of Law: Those are more general normative statements that are part of
the legal system. They are the manifestation of criteria of conduct with social
transcendence, which are imposed by their own persuasive force without reference to
concrete assumptions of application.
Spanish Constitution of 1978
• Imposed or popular because it obeys the democratic principle (art.1.2 SC), without
considering that the Crown participates in the constituent power.
• Written and in a single document, in front of the Francoist system, based on the
successive publication of different texts of "fundamental" rank.
• Our Constitution seems rigid, reaching levels of almost intangibility with respect to the
material areas protected by the reform procedure established in Article 168 SC.
Neither does it appear as an original constitution. On the contrary, our Magna Carta assumes
influences of international law (art. 10 SC), patriotic constitutionalism and foreign
constitutionalism. Of particular note are the contributions of constitutional law from Germany.
From Italy we import the transformer character that the "Basso clause" established in article 3 of
the Italian Constitution, which is collected - with nuances - in 9.2 CE, together with the conception
of the regional state.
The northern monarchies also influence the configuration of the functions of the Monarch, while
in France the concept of organic law is accepted, although in a different way, since in the
neighboring country they enjoy a hierarchical rank superior to that of the ordinary law.
With its extension, it may be said that it is, after the three hundred and eighty-four articles of the
Cadiz of 1812, the most extensive Spanish constitutional text of the entire history of
constitutionalism. It may also be said that there are certain aspects that are not regulated (the
system of sources, for example) and that others have come to "de-constitutionalize". Thus, in
spite of its extension, our Constitution appears as unfinished, as incomplete, as open.
There is no doubt that it is a normative constitution (art.9.1 SC). In front of what happened with
the text of our Second Republic, it is a constitution that may not enjoy the same professorial
character as the previous one did, but it is much more linked to the reality it intends to regulate.
Ideological or utilitarian? Every constitution contains a specific ideology, which does not mean
that this ideology entails a dependence, a determinism of the legal mechanisms that appear as
mere instruments to achieve the exclusivity of that ideology.
In our democratic system, in addition, due to the second paragraph of Article 9 SC, we find a
transformational potentiality of the system that makes the ideology underlying the constitutional
background. This system can be taken to more leftist areas, within the limits of a representative
democratic system, in which the market economy prevails (art.38 SC).
As for the territorial structure of the State, the Spanish system advocates overcoming the old
confrontation between the unitary and federal states. There is a new attempt to solve an atavic
problem, such as the territorial one, by configuring an autonomous State (arts.1.2, 2 and Title VIII
SC), which advocates a third genre that assumes at once the unity of the State and its realization
within a political decentralization. This not merely administrative realization now exceeds the
competence level of some federal States.
Taking into account if the Head of State is provided by choice or according to the hereditary
principle, our Constitution advocates a Monarchy that denominates a parliament and which
qualifies as "political form", according to the doctrine, to honor the important role of the current
Monarch in the political transition.
And as it would not fit otherwise, appears in our Maximo Text a system of relationships between
the powers, a parliamentary system. This system is the only one in which the Crown can survive,
being at the same time the most convenient after the Franco´s power concentration which did
not wish to fall into an assembly system.
IMPORTANT ARTICLES

Artículo 1
1. España se constituye en un Estado social y democrático de Derecho, que propugna como
valores superiores de su ordenamiento jurídico la libertad, la justicia, la igualdad y el
pluralismo político.
2. La soberanía nacional reside en el pueblo español, del que emanan los poderes del
Estado.
3. La forma política del Estado español es la Monarquía parlamentaria.
Artículo 2
La Constitución se fundamenta en la indisoluble unidad de la Nación española, patria común
e indivisible de todos los españoles, y reconoce y garantiza el derecho a la autonomía de las
nacionalidades y regiones que la integran y la solidaridad entre todas ellas.
 Artículo 3
1. El castellano es la lengua española oficial del Estado. Todos los españoles tienen el deber
de conocerla y el derecho a usarla.
2. Las demás lenguas españolas serán también oficiales en las respectivas Comunidades
Autónomas de acuerdo con sus Estatutos.
3. La riqueza de las distintas modalidades lingüísticas de España es un patrimonio cultural
que será objeto de especial respeto y protección.
Artículo 167
1. Los proyectos de reforma constitucional deberán ser aprobados por una mayoría de tres
quintos de cada una de las Cámaras. Si no hubiera acuerdo entre ambas, se intentará
obtenerlo mediante la creación de una Comisión de composición paritaria de Diputados
y Senadores, que presentará un texto que será votado por el Congreso y el Senado.
2. De no lograrse la aprobación mediante el procedimiento del apartado anterior, y siempre
que el texto hubiere obtenido el voto favorable de la mayoría absoluta del Senado, el
Congreso, por mayoría de dos tercios, podrá aprobar la reforma.
3. Aprobada la reforma por las Cortes Generales, será sometida a referéndum para su
ratificación cuando así lo soliciten, dentro de los quince días siguientes a su aprobación,
una décima parte de los miembros de cualquiera de las Cámaras.
Artículo 168
1. Cuando se propusiere la revisión total de la Constitución o una parcial que afecte al Título
preliminar, al Capítulo segundo, Sección primera del Título I, o al Título II, se procederá a
la aprobación del principio por mayoría de dos tercios de cada Cámara, y a la disolución
inmediata de las Cortes.
2. Las Cámaras elegidas deberán ratificar la decisión y proceder al estudio del nuevo texto
constitucional, que deberá ser aprobado por mayoría de dos tercios de ambas Cámaras.
3. Aprobada la reforma por las Cortes Generales, será sometida a referéndum para su
ratificación.

The concept of Law: the organic laws, ordinary laws.

The Organic Laws: "those relating to the development of fundamental rights and public
freedoms, which approve the Statutes of Autonomy and the general electoral system, and other
provisions of the Constitution. The approval, modification or repeal of the Organic Laws will
require a majority absolute of the Congress, in a final vote on the whole project »
The Ordinary Laws: Our Constitution contemplates diverse ordinary laws:
 • Laws of Plenary and Laws of Commission: Art. 75 of the SC provides for the possibility that
the Chambers delegate to the Standing Legislative Committees the adoption of draft laws
and bills.
• Budget Laws: It is a special modality provided in art. 134 of the SC.
• Possible laws ratified by referendum: These are considered the manifestation of the
electoral body in a text approved by a legislative body.
The autonomy statute: According to the Constitution, they have a double nature:
• Basic institutional norm of the Autonomous Community and, therefore, supreme norm of
its own juridical order.
• State law integrated in the legal system of the State with the organic rank.
In any case, the importance of the Statute is very great because it is the norm that, within the
framework of the Constitution, expresses the juridical and political existence of the Autonomous
Communities and determines their degree of autonomy.
Two ways of access to the autonomy according to our Constitution: normal or common
assumption of access to limited autonomy and the special case of full access to autonomy:
In the normal or common assumption of access to limited autonomy, the approval of the Statute
includes:
• The elaboration of the draft Statute corresponds to an Assembly composed of the
members of the Council or inter-island organ of the affected provinces and by the
Deputies and Senators of the same.
• Once elaborated, it is elevated to the Cortes Generales for its processing as an organic
law. Once this law has been approved, sanctioned by the King and published, the CA is
constituted, which will have its organs and exercise its functions in accordance with the
Statute.
In the special case of access to full autonomy, the procedure is more complex:
• The elaboration of the draft Statute corresponds to an Assembly composed of all the
Deputies and Senators of the respective affected provinces.
• The project is submitted to the Constitutional Commission of the Congress of the
Deputies, who together with a delegation of the Assembly that elaborated it, must
determine the final content of the project.
• If there is an agreement between the Constitutional Commission and this delegation, the
text is submitted to a referendum of the electoral body of the provinces affected by the
Statute. In the case of a positive result, the Cortes must ratify it. After the sanction and
promulgation by the King and the publication, the CA is constituted.
• If no agreement is reached between the Constitutional Commission and the delegation of
the Assembly, the draft of the original Statute is processed as a law before the Cortes
Generales. Once approved, it is submitted to popular referendum in the affected
 provinces. If approved, it is sanctioned, promulgated and published, with the same effects
as in the previous case.
In the normal or common assumption of limited autonomy, the reform of the Statutes shall be in
accordance with the procedure established therein (in all cases, approval by the respective
Assembly is required) and, in any case, approval by the Cortes Generales through an organic law.
In the special case of full autonomy, in addition to the procedures of the common assumption, a
referendum is required among the electors of the provinces integrated in the CA.
Having deleted the previous procedure of unconstitutionality against draft Statutes of autonomy
by LO 4/1985, of June 7.
It is only possible to control the previous parliament during its processing in the Cortes Generales
and the subsequent control of constitutionality by the Constitutional Court.
The Decree-Law and Legislative Decree:
Decree Law: They are legislative provisions that can only occur in cases of extraordinary and
urgent need. They are powers of the Government that enjoy the same normative range as the
laws but not of the same nature. There must be a connection between the defined situation and
the measures by which the decree-law is adopted.
Legislative Decrees: They are rules with force of law dictated by the Government, by virtue of an
express authorization of the legislative delegation denominated by Cortes Generales. This
legislative decree must respect the framework and scope of the delegation.
Regulatory authority:
The generality of the doctrine distinguishes between the so-called executive regulations, which
are those that occur in the execution of a law, to which they are linked, and independent
regulations, which occur without there being a previous law to execute.
It also speaks, according to the subject matter, of normative or legal regulations, which are those
that create a new right or modify it, affecting the rights and duties of citizens; as well as
administrative or organizational regulations, configured as powers of self-disposal of their
respective holders.
Jurisprudence, constitutional custom and general principles of law.
Jurisprudence: The art. 1.6 of the Civil Code does not configure jurisprudence as a source of law
but attributes to it a function that complements the legal system.
When the Civil Code alludes to jurisprudence, it refers to that of the Supreme Court, which, by
virtue of the system of cassation, is obliged to elaborate a doctrine on interpretation and
application of the law that is imposed on all judges and tribunals, and that conditions their
subsequent decisions.
The Constitutional Custom: The role of custom is to fill gaps within the corresponding legal
systems, to adapt existing regulations to the social reality of the moment and to guide the
application of both precepts.
The doctrine considers that we have encountered a constitutional custom when basically two
elements are given, on the one hand the constant and uniform repetition of an act, and on the
other hand it requires that this repetitive action is inspired by a conviction of compulsion.
The consideration of custom as a source of law finds its legal basis in inter-private relations and
its regulation in the Civil Code. The custom is delayed in the scope of the sources of the right,
although the increasing complexity and dynamism of the constitutional law do not lose its
condition, since there are certain areas such as the case of parliamentary law, where still the
custom, in this case “praeter legem” (non-regulated art), may have a certain scope of application.
The general principles of law:
• The principle of constitutionality
• The principles of legality and normative hierarchy
• The principle of publicity of the rules
• The principle of non-retroactivity of non-favorable or restrictive provisions of individual
rights
• The principle of legal certainty
• The principle of interdiction of the arbitrariness of public powers
• The principle of public responsibility
UNIT 3: THE PARLIAMENTARY MODELS
BRITISH MODEL
The United Kingdom of Great Britain and Northern Ireland (UK) consists of a group of islands off
the western coast of Europe. The largest, Great Britain, comprises three countries: England,
Scotland and Wales. Ireland, to the west, consists of the UK’s province of Northern Ireland and
the Irish Republic. There are several offshore islands and island groups, the largest lying off
Scotland.
The UK is a union of four countries: England, Scotland, Wales and Northern Ireland. The Crown
dependencies (the Channel Islands and the Isle of Man) are largely self-governing with the UK
responsible for their defense and international relations and are not part of the United Kingdom.
The United Kingdom has as head of State Queen Elisabeth II and as current Prime Minister Boris
Johnson who is the head of government (head of the executive).
The British Parliament:
The business of Parliament takes place in two Houses: The House of Commons and the House of
Lords. Their work is similar: making laws (legislation), checking the work of the government
(scrutiny), and debating current issues.
The House of Commons is also responsible for granting money to the government through
approving Bills that raise taxes. Generally, the decisions made in one House have been approved
by the other. In this way the two-chamber system acts as a check and balance for both Houses.
• The Commons: The Commons is publicly elected. The party with the largest number of
members in the Commons forms the government.
Members of the Commons (MPs) debate the big political issues of the day and proposals
for new laws. It is one of the key places where government ministers, like Prime Minister
and the Chancellor, and the main figures of the main political parties, work.
The Commons alone is responsible for making decisions on financial Bills, such as
proposed new taxes. The Lords can consider these Bills but cannot block or amend them.
• The Lords: The House of Lords is the second chamber of the UK Parliament. It is
independent from, and complements the work of, the elected House of Commons. The
Lords shares the task of making and shaping laws and checking and challenging the work
of the government.
The United Kingdom has majority electoral system, in which two parties, the Labor party
and the Tories (conservative party) rule the country alternating in power depending on
the outcome of the parliamentary elections.
The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases
from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional
importance affecting the whole population.
GERMAN MODEL
In Germany the head of the State is the Federal President and the head of the government is the
Federal Chancellor. Currently the Federal President is Frank-Walter Steinmeier and the Federal
Chancellor is Angela Merkel.
Germany is a federal parliamentary democracy governed under the Basic Law for the Federal
Republic of Germany ("Basic Law"), the Constitution of Germany.
The Basic Law consists of 11 chapters which set out the rights of the German people and outline
in considerable detail the political and legal system of Germany. In particular, the President is the
head of state and the Federal Chancellor the head of government. The Basic Law also enshrines
the principle of the tripartition of powers into the Executive, Legislative and Judicial Branches.
The German Parliament is a bicameral legislature that consists of the elected Bundestag (the
lower house) and the appointed Bundesrat (upper House of the German Parliament).
As a directly elected body, the Bundestag is empowered to:
• Enact and amend legislation.
• Elect the Federal Chancellor.
• Monitor the performance of the Federal government based on the rights and instruments
set out in the Basic Law, including interpellations and debates on matters of public
interest.
• Approve federal budget and scrutinize its implementation by the Federal government.
• Determine the amount of public funding that parties are entitled to receive under the Act
on Political Parties.
• Elect the President together with the appointed Members from the state legislatures at
the Federal Convention.
Another House of the German Parliament, the Bundesrat, is composed of appointed Members
representing the 16 states of Germany at the national level. To counterweight the power of the
Bundestag, the Bundesrat is granted with a number of legislative and scrutiny powers. For
example, the Basic Law provides for the Bundesrat to make initial comments on the draft law
before it is submitted to Parliament for scrutiny and vote. The Bundesrat may also veto a bill that
substantially affects the state interests.
Since bills must be approved by both Houses to become legislation, the Constitution allows for
convening a mediation committee with 16 Members of the Bundestag and an equal number of
Members of the Bundesrat to resolve the difference between the two Houses.
The Federal Constitutional Court (Bundesverfassungsgericht) is the supreme constitutional
court for the Federal Republic of Germany, established by the constitution or Basic
Law (Grundgesetz) of Germany. Since its inception with the beginning of the post-World War
II republic, the court has been located in the city of Karlsruhe, which is also the seat of the Federal
Court of Justice.
ITALIAN MODEL
Italy has as head of the State a President of the Republic who is nowadays Sergio Mattarella and
a President of the Council of Ministries who is currently the Prime Minister Mario Dragui.
The Italian parliament (parlamento) is bicameral, consisting of two chambers or assemblies: The
Senate of the Republic (Senato della Repubblica) with 315 members (called senators) and the
Chamber of Deputies (Camera dei Deputati) with 630 members (deputies).
The assemblies enjoy equal power and are both elected by universal suffrage.
• Senators represent Italy’s 20 regions whereas deputies come from 26 constituencies, but
the most important difference between the chambers is the minimum age required for
the electorate and the candidates: 18 and 25 respectively for deputies and 25 and 40 for
senators. Parliament is elected every five years, although few Italian governments run
their course, the average length of office being less than a year. The senators and deputies
must declare to which parliamentary group they intend to belong, and any political group
consisting of at least 10 senators and 20 deputies has the right to be represented in
parliament.
The most important function of parliament is ordinary legislation. Bills may be presented in
parliament by the government, by individual members, or by bodies such as the National Council
for Economy and Labor, various regional councils, or communes, as well as by petition of 50.000
citizens of the electorate or through a referendum.
Bills must be approved by both houses before they become law; thus, whenever one house
introduces an amendment to a draft approved by the other house, the latter must approve the
amended draft. The law comes into force when published in the Gazzetta Ufficiale.
The government is appointed by the President and is led by the president of the council of
ministers (il Presidente del Consiglio), more commonly referred to as the Prime Minister.
Although the government carries out the executive functions of the state, in emergencies it also
has powers to approve laws by decree. Parliament can be dissolved by the President, e.g., when
the Prime Minister loses a vote of no confidence.
Ministerial appointments are negotiated by the parties constituting the government majority and
each new government must receive a vote of confidence in both houses of parliament within ten
days of its appointment. If at any time the government fails to maintain the confidence of either
house, it must resign. Splits in the coalition of two or more parties that have united to form a
government have caused most resignations in the past.
According to its territorial organization, Italy is a regional country divided in 20 regions (15
ordinary autonomous regions and 5 autonomous regions with special statute).
SPANISH MODEL
Nature and composition of the Parliament: bicameral system. The « Cortes Generales » are the
Spanish Parliament, constituted and regulated in title III of the Constitution. According to the
Constitution, they represent the Spanish people, having an asymmetric bicameral configuration,
composed by:
1- the Senate, considered the Upper House.
2- the Congress of Deputies, known as the Lower House.
According to the configuration derived from the Constitution, the Cortes Generales are a complex
body of a representative, deliberative, inviolable and continuous nature.
The legal status of the members of the Parliament:
Limitation of responsibilities: In order to guarantee the individual freedom of action of the
members of the Cortes Generales, the Constitution establishes that "no one may be a member
of the two chambers simultaneously, nor accumulate the minutes of an Assembly of Autonomous
Community with that of Deputy to Congress", in order to facilitate the fullest possible dedication
to the parliamentary tasks by the representatives of the people.
Prohibition of imperative mandate: The guarantee of this individual freedom continues with the
prohibition that the members of the Cortes Generales are bound by an imperative mandate, that
is to say, they can freely express their opinion and vote at their own discretion even if it is contrary
to the wishes of their respective political parties and the voters.
Constitutional inviolability of deputies and senators: Finally, this guarantee is supplemented by
the constitutional inviolability of senators and deputies for the opinions expressed in the exercise
of their functions; with procedural immunity that prevents their detention except in case of
flagrante delicto and their indictment or prosecution without prior authorization of the
respective Chamber; with his appraisal before the Criminal Chamber of the Supreme Court; and
with the recognition of the right to receive an allowance, which will be fixed by the respective
House.
Internal structure and functioning
Senate: The Senate is the territorial representation chamber, in which the representation of the
autonomous communities and of the provinces is combined. The Senate is elected for four years,
so that the term of the senators ends four years after their election or the day of dissolution of
the House.
Congress of Deputies: The Congress consists of a minimum of 300 and a maximum of 400
deputies (currently 350) elected by universal suffrage, free, equal, direct and secret, under the
terms established by law. All Spaniards who are in full use of their political rights are electors and
eligible. The Congress is elected for four years, so that the mandate of the deputies ends four
years after their election or the day of dissolution of the House.
The fundamental regulation of the functioning of the Cortes Generales is found in the
Constitution and in the regulations (rules of procedure) of each of the chambers.
The legislature is the normal time of the life of each House, which lasts for four years, except in
case of early dissolution.
The session is each of the stages of work within each legislature. It is pointed out that the
Chambers will meet annually in two regular sessions, one from September to December and
another from February to June.
According to the Constitution, which establishes Madrid as capital, the seat of the Cortes
Generales is in that city, for both the Congress and the Senate. Both places enjoy the privilege of
inviolability of article 66.3 of the Constitution.
The functioning of the Chambers takes place in plenary and in commissions, with the limitations
established in the Constitution - for example, in the cases of organic laws and international
treaties. The plenary is the meeting of all the members of a Chamber, under the chairmanship of
its respective Bureau; the commissions are each of the operative sections into which the deputies
or senators are divided, under the direction of a proper Bureau.
Because of his relations with the Government, The President of the Government, after
deliberation with the Council of Ministers, may propose the dissolution of the Cortes, which shall
be decreed by the king
• For constitutional requirements:
• Expiration of the term of the four-year term in which the Cortes will be dissolved and the
election of the general elections to be held immediately.
• When the total revision of the Constitution or a partial reform of those provided for in
article 168 of the Constitution is proposed, approval shall be given by a two-thirds
majority of each House and the immediate dissolution of the Cortes.
• For other special causes.
The functions of the Parliament
Legislative power: consists of drafting and voting laws. Traditionally, the practice and the text of
the various constitutions have laid down the principle that « the power to make laws resides in
the Cortes with the king. »
Parliamentary regime: Characterized, along with the division of powers, by the maintenance of a
series of mechanisms to ensure communication between the legislative branch and the executive
branch. This object is fulfilled through the empowerment of the legislature to control the political
action of the Government, forcing it to have the confidence of the Cortes to further develop its
activity.
Control and accountability:
• The question is an important element of control and information. It arose in England and
consists of seeking clarification from the Government to ascertain whether a fact is true,
whether information has reached the executive, or whether it is accurate, whether the
Government has adopted or will take action on certain issues.
• Interpellations constitute the normal, broader and more energetic means of control.
They are of French origin and differ from the questions in that the request for clarification
refers specifically to the conduct or intentions of a minister or the whole cabinet and are
intended to determine a debate on the political orientation they follow.
The Cortes Generales exercise political powers such as the constitution of commissions of
investigation, the appearance and interrogation of authorities and individuals on matters of
general interest and the approval of non-legislative resolutions.
The Congress of Deputies (and not the Senate) has also specifically entrusted the function of
sustaining the Government, expressing the granting and withdrawal of confidence of the Cortes
Generales in it, which carries out by the vote of investiture of the president of Government and
through motions of censorship and questions of confidence. The loss of the confidence of the
Congress of Deputies forces the Government to present its resignation to the king.
Budgetary function: The Government must present the proposal for General State Budgets to the
Cortes Generales where they must approve them. In case the support of the Cortes doesn´t exist
for their approval, they must be extended.
UNIT 4: PRESIDENTIALIST MODELS
The presidential system is a form of government in which the president is the chief executive and
is elected directly by the people. The president is head of the State and head of government. In
this system all three branches (executive, legislative and judiciary) are constitutionally
independent of each other, and no branch can dismiss or dissolve any other.
The president is responsible for enforcing laws, the legislature for making them, and the courts
for judging. Each is given specific powers that check and balance those of the other branches.
This system was invented by America’s founders to provide an alternative to the parliamentary
form of government. It became known as ‘presidential’ because a directly elected president was
its most salient distinction. However, this terminology his does not mean that the president holds
supremacy like the prime minister or parliament. In fact, power in the presidential system is
divided among many, so no individual or institution can ever become a supreme authority.
THE NORTH AMERICAN MODEL: THE UNITED STATES OF AMERICA
Unlike in many countries with parliamentary forms of government, where the office of president
or head of state is mainly ceremonial, in the United States, the president is vested with great
authority and is arguably the most powerful elected official in the world.
In the USA the president is Joe Biden and the vice-president is Kamala Harris. The president Biden
is at the same time head of State and head of the government.
The president serves a four-year term and may be elected to the office no more than twice. The
president and vice-president are not elected by direct vote, but by an indirect electoral
college system in which the determining votes are apportioned to the states and the District of
Columbia.
The Constitution succinctly defines presidential functions, powers, and responsibilities.
The president’s chief duty is to make sure that the laws are faithfully executed and this duty is
performed through an elaborate system of executive agencies that includes cabinet-level
departments. Presidents appoint all cabinet heads and most other high-ranking officials of the
executive branch of the federal government.
Presidents also nominate all judges of the federal judiciary, including the members of the
Supreme Court. Their appointments to executive and judicial posts must be approved by a
majority of the Senate (one of the two chambers of Congress, the legislative branch of the federal
government, the other being the House of Representatives). The Senate usually confirms these
appointments, though it occasionally rejects a nominee to whom a majority of members have
strong objections.
The president is also the commander in chief of the country’s military and has unlimited authority
to direct the movements of land, sea and air forces. The president has the power to make treaties
with foreign governments, though the Senate must approve such treaties by a two-thirds
majority. Finally, the president has the power to approve or reject (veto) bills passed by Congress,
though Congress can override the president’s veto by summoning a two-thirds majority in favor
of the measure.
The United States of America is a federal republic and a representative democracy.
In the American federalist system, citizens are usually subject to three levels of government:
• Federal
• State
• Local: The local government's duties are commonly split between county and municipal
governments.
The government is regulated by a system of checks and balances defined by the U.S. Constitution,
which serves as the country's supreme legal document. The original text of the Constitution
establishes the structure and responsibilities of the federal government and its relationship with
the individual states. Article One protects the right to the "great writ" of habeas corpus. The
Constitution has been amended 27 times; the first ten amendments, which make up the Bill of
Rights, and the Fourteenth Amendment form the central basis of Americans' individual rights. All
laws and governmental procedures are subject to judicial review and any law ruled by the courts
to be in violation of the Constitution is voided. The principle of judicial review, not explicitly
mentioned in the Constitution, was established by the Supreme Court in Marbury v.
Madison (1803) in a decision handed down by Chief Justice John Marshall.
The federal government comprises three branches:
• Legislative: the bicameral Congress, made up of the Senate and the House of
Representatives, makes federal law, declares war, approves treaties, has the power of
the purse, and has the power of impeachment, by which it can remove sitting members
of the government.
• Executive: the president is the commander-in-chief of the military, can veto legislative
bills before they become law (subject to Congressional override), and appoints
the members of the Cabinet (subject to Senate approval) and other officers, who
administer and enforce federal laws and policies.
• Judicial: The Supreme Court and lower federal courts, whose judges are appointed by the
president with Senate approval, interpret laws and overturn those they
find unconstitutional. The Supreme Court is led by the chief justice of the United States,
has nine members, who serve for life.
The Congress: The Congress is bicameral and is formed by the House of Representatives and the
Senate.
The House of Representatives has 435 voting members, each representing a congressional
district for a two-year term. House seats are apportioned among the states by population
following each decennial census. Each state then draws single-member districts to conform with
the census apportionment. At the 2010 census, seven states had the minimum of one
representative, while California, the most populous state, had 53. The District of Columbia and
the five major U.S. territories each have one member of Congress—these members are not
allowed to vote.
The Senate has 100 members with each state having two senators, elected at-large to six-year
terms; one-third of Senate seats are up for election every other year. The District of Columbia
and the five major U.S. territories do not have senators.
The States: The United States is a federal republic of 50 states, a federal district, five territories
and several uninhabited island possessions.
The state governments are structured in a roughly similar fashion as the federal
state; Nebraska unique has a unicameral legislature. The governor (chief executive) of each state
is directly elected. Some state judges and cabinet officers are appointed by the governors of the
respective states, while others are elected by popular vote.
AMERICA’S PRESIDENTIAL SYSTEM:

The United States Constitution (7 articles and 27 amendments): The Constitution of the United
States is the supreme law of the United States of America. The Constitution, originally comprising
seven articles, delineates the national frame of government.
Its first three articles embody the doctrine of the separation of powers, whereby the federal
government is divided into three branches: the legislative, consisting of the bicameral Congress
(Art. 1) The executive, consisting of the president (Art. 2); and the judicial, consisting of
the Supreme Court and other federal courts (Art. 3).
(Articles 4, 5 and 6) embody concepts of federalism, describing the rights and responsibilities
of state governments, the states in relationship to the federal government, and the shared
process of constitutional amendment. (Art. 7) establishes the procedure subsequently used by
the thirteen States to ratify it. It is regarded as the oldest written and codified national
constitution in force.
Since the Constitution came into force in 1789, it has been amended 27 times, including one
amendment that repealed a previous one, in order to meet the needs of a nation that has
profoundly changed since the eighteenth century. In general, the first ten amendments, known
collectively as the Bill of Rights, offer specific protections of individual liberty and justice and
place restrictions on the powers of government. The majority of the seventeen later
amendments expand individual civil rights protections. Others address issues related to federal
authority or modify government processes and procedures. Amendments to the United States
Constitution, unlike ones made to many constitutions worldwide, are appended to the
document.
THE LATIN AMERICAN MODEL
Virtually all Spanish-speaking countries in Latin America, as well as Brazil, the only Portuguese-
speaking country on the continent, have a presidential (or semi-presidential) system of
government as opposed to a parliamentary one.
The Latin American countries with a parliamentary system are instead French-speaking (notably
French Guiana and Haiti).
Latin American constitutionalism had four main influences during the initial establishment of
their institutions: the US Constitution; the liberal Spanish Constitution derived from the Cadiz
Constitution; the French school of thought, especially from the ideas of Rousseau, Montesquieu
and Sieyes and the Constitutions of 1791, 1793 and 1795; and indirectly the English Constitution
through the works of Locke, Blackstone and others. Some period documents affirm that the
framers of the constitutions used the British Constitution as a guide.
The original presidential systems in Latin America were clearly inspired by that of the United
States of America. Some created a very strong or simply strong president, but controlled by
congress. Others strengthened the Legislative Branch as the center of power, although the first
tendency later prevailed.
Each Latin American country presents its peculiarities. Generalizations are usually imprecise at
best and seriously erroneous at worst. Even so, there are several guidelines that, to various
degrees, are valid for many of countries in this region.
Once independence was accomplished in Latin-America, nation-states did not exist. What we find
are the interests of oligarchic groups, like that of the agricultural or mining bourgeois, the high
clergy and the army. The very heterogeneous society was not well-defined.
There was serious political instability that worsened due to external wars between countries, as
in the case of inexact borders; internal conflicts that often resulted from bloody power struggles
that degenerated into violence and chaos, separatist attempts, or foreign invasions and
interventions.
The president often seemed strong because of the accumulation of attributions conferred by the
Constitution. However, his field of action was restricted by that of the oligarchic groups in that if
they felt that he no longer represented them or feared for the continuation of their interests,
conspired to overthrow the president, leading to multiple riots, palace revolutions and coups
d’état. This in turn fortified military power, the apparent guardian of social order that this even
this branch did not respect on several occasions.
Economic instability went together with political instability. The economies of the countries in
the region were centered on a few important products, generally agricultural ones, which made
these economies very vulnerable to export price fluctuations, especially in those countries in
which three or fewer products constituted their export base.
In general terms, legislative and judiciary branches, as well as political parties, were not able to
attain social prestige or confidence. In many cases, they were associated with corruption and
suffered immense depreciation.
Many Latin American countries had very ideologized moderate or extreme multi-party systems.
This is contrary to the U.S. two-party system in which the political orientations fluctuate and are
not deep.
The factors described above prompted presidents to be granted extensive legislative faculties,
which U.S. executives do not have, and extensive attributions for instituting states of emergency,
of siege or of necessity and for taking action in these processes.

UNIT 5: SEMIPRESIDENTIALIST MODELS

A semi-presidential system is republican system of governance that combines elements of
presidential democracy with parliamentary democracy.
Typically, the head of state is the president, directly elected by the people with a large degree of
power over the government, whilst the head of government is the prime minister nominated by
the president but who can be dismissed by the legislature. An agreement is reached over which
of the two heads (state and government) will have the lead in policy areas. For example, in
France, a well-known example of semi presidential democracy, the president leads foreign policy
and the prime minister leads domestic policy.
THE FRENCH MODEL
The French government is a semi presidential system which follows the fifth republic of the
French constitution. France declares itself as a secular, social, individual and democratic republic.
France is divided into 18 regions, of which 13 are in the metropolis. Although it is the main
division, France is a unitary country and the regions don´t have legislative or executive autonomy,
but instead receive from the state a consistent part of the national taxes that they can dispose
of and distribute according to their needs. The regions are divided into departments.
The government of France is divided into a legislative, a judicial branch and an executive branch.
The prime minister shares the executive powers with the president.
Parliament: consists of the Senate and the national assembly. It passes vote and statutes on the
budget and it also controls the works of the executive by questioning the parliament house and
organizing enquiry commissions.
The judiciary system of France is based on the civil law system which comes from Napoleonic
codes. The judiciary system is divided into the administrative code and the judicial branch. They
have their own supreme court of appeal like Conseil d'Etat for the administrative purpose and
Court de Cassation for judicial purpose.
The executive branch of France consists in the prime minister, the president, the bureaucracies
of many ministries and the government.
The president has the right to elect the prime minister, rules over the cabinet and gives the
instruction to the armed forces. The president also has the right to submit the question to the
referendum.

UNIT 6: EMERGING DEMOCRACIES

Most countries across the developing world today are formal democracies. Imperfect as they
might be, these emerging democracies are here to stay – and engaging with them more
effectively is the new frontier of the development challenge.
The process of consolidating democracies is messy, complex, and uncertain, and we should not
expect miracles overnight, but there are ways to provide support more effectively than is
currently being one.
Effective international engagement requires flexible and adaptable approaches that are
grounded in contextual realities. What is needed is strategic patience and a pragmatic,
incremental perspective to institutional reform that is more tolerant of risks and setbacks.
BRAZIL
Despite having endured centuries of political unrest and discrimination, even slavery, Brazil now
enjoys the political rule of a democratic government. Brazil is a democratic, federative republic,
divided by states and a federal district.
The government of Brazil is divided into the 1) executive branch, 2) legislative branch and 3)
judicial branch. There are 27 states and more than 5.500 individual municipalities, each of which
is run by a mayor.
Every two years, Brazilians vote to select who is going to represent them in the Executive and in
the Legislative power. Members of the Judiciary, however, are not chosen directly by the people:
other judges, magistrates and the president decide who will occupy the disputed positions.
Executive Branch:
The president, or Presidente de República, is the head of the State and head of government in
Brazil. It is up to the president to choose his aides and ministers, without further objection from
the National Congress. Some of the functions of the Brazilian president are conclude treaties and
agreements with other nations; power to sanction, enact, promulgate and veto national laws;
declare state of emergency. The president is located in the country’s capital city, Brasília. In case
of vacancy, the successor is the vice-president. If he or she is unable to assume the position, the
provisional succession is made, in preferential order, by the president of the National Congress,
the president of the Senate and the president of the Federal Supreme Court. The current
President of Brazil is Jair Bolsonaro.
Legislative Branch: National Congress (Chamber of Deputies and Federal Senate)
The Parliament in Brazil is bicameral, and it is called National Congress composed by the Chamber
of Deputies (the lower house) and the Federal Senate (the upper house).
Senators, or senadores, represent each state at the Senate, located in Brasilia, and are elected
directly by the population at national elections. It is their duty to:
• Protect the constitutional rights of the Brazilian population
• Analyze and vote law projects
 • Approve the choice of ministers
• Authorize financial foreign transactions and approve debt limits.
There are three representatives for each state at the Senate, whose term of office is eight years,
Senators, are elected at national elections, alternatively: in 2010, two senators were elected per
state; in 2014, only one entered the Senate; in 2018, two more will be elected, and so on.
Different from the senators that represent the state, congressmen represent the population.
Federal congressmen are known as deputados federais, while state congressmen are known as
deputados staduais. Both of them are elected at national elections and have the main function
of proposing, enacting, changing and revoking laws. The main difference is the coverage of such
laws. While the federal congressmen create and vote federal laws, valid for the entire Brazilian
territory, state congressmen do so for their specific territory. All the work of federal congressmen
happens at the National Congress, known as Congresso Nacional or Câmara dos Deputados,
located in Brasilia, while deputados estaduais work at a Legislative Assembly, known as
Assembleia Legislativa, located in each state. Each Legislative Assembly has a minimum of 24
state congressmen and a maximum of 94. This amount varies according to the population size.
At the National Congress, there are a total of 513 federal congressmen.
Judicial Branch
The Supreme Federal Court exercise the ultimate judicial power. Each of its judges is elected by
the tribunal members and their term is life-long. The judicial system is responsible for contesting
and supporting any decisions made by the government that will affect the rights of Brazil’s
individual residents. This gives the judicial system a huge amount of power within the legal
system of Brazil.
INDIA
India – with a population of a billion and a quarter and an electorate of 814 million (2014) – is
the world’s largest democracy and, for all its faults and flaws, this democratic system stands in
marked contrast to the democratic failures of Pakistan and Bangladesh which were part of India
until 1947.
Executive Branch:
The head of state in India is the President. This is normally a ceremonial role, originally modelled
on the British monarch to “advise, encourage and warn” the elected government on
constitutional matters. The President can return a Parliamentary Bill once for reconsideration
and, in times of crisis such as a hung Parliament, the role is pivotal. The President can declare a
state of emergency which enables the Lok Sabha to extend its life beyond the normal five-years
term. As members of an electoral college, nearly 5,000 members of the national parliament and
state legislators are eligible to vote in the election of the President. The current President is Ram
Nath Kovind, a member of the dalit (untouchable) caste.
The head of the government is the Prime minister who is appointed by the President on the
nomination of the majority party in the lower house or Lok Sabha. Ministers are then appointed
by the President on the recommendation of the Prime Ministers and these ministers collectively
comprise the Council of Ministers. The Current President of India is Ram Nath Kovind and the
current Prime Minister is Narendra Modi.
Legislative Branch: The Sansad (Rajya Sabha y Lok Sabha).
The lower house in the Indian political system is the Lok Sabha or House of the People. As set out
in the Constitution, the maximum size of the Lok Sabha is 552 members, made up of up to 530
members representing people from the states of India, up to 20 members representing people
from the Union Territories, and two members to represent the Anglo-Indian community if it does
not have adequate representation in the house according to the President. Each member –
except the two nominated ones – represents a geographical single-member constituency as in
the British model for the House of Commons. Each Lok Sabha is formed for a five year term, after
which it is automatically dissolved, unless extended by a Proclamation of Emergency which may
extend the term in one year increments. This has happened on there occasions: 1962-1968, 1971
and 1975-1977.
The upper house in the Indian political system is the Rajya Sabha or Council of States. As set out
in the Constitution, the Rajya Sabhahas has up to 25 members. 12 of these members are chosen
by the President for their expertise in specific fields of art, literature, science, and social services.
These members are known as nominated members. Terms of office are for six years, with one
third of the members facing re-election every two years. The Rajya Sabha meets in continuous
session and, unlike the Lok Sabha, it is not subject to dissolution.
The two houses share legislative powers, except in the are of supply (money)where the Lok Sabha
has overriding powers. In the case of conflicting legislation, a joint sitting of the two houses is
held. If there is a conflict which cannot be resolved even by the joint committee of the two
houses, it is solved in the joint session of the Parliament, where the will of the Lok Sabha almost
always prevails, since the Lok Sabha is more than twice as large as the Rajya Sabha.
Judicial Branch
The Supreme Court is the highest judicial authority in civil, criminal and constitutional cases. Since
2008, the size of the court has been 31. A judge is appointed to the Supreme Court by the
President of India on the recommendation of the collegium – a closed group the Chief Justice of
India, the four most senior judges of the court, and the senior – most judge hailing from the high
court of a prospective appointee. However, a Bill is currently being considered which would
provide that Supreme Court judges are appointed by the legislative branch with the collegium
functioning as an advisory body.

SOUTH AFRICA
South Africa is one of the most democratic states in a continent where genuine democracy is
struggling to take root. But it is a new democracy (there has only been votes for all since 1994)
and it is a flawed democracy (one party has dominated power all that time winning easily all five
general elections).
South Africa is a parliament republic, although unlike most such republics the President is both
head of state and head of government and depends for his tenure on the confidence of the
Parliament.
Executive Branch
The President, Deputy President and the Ministers make up the executive branch of the national
government. The president and ministers are Members of Parliament who are appointed by the
President to head the various departments of the national government. The President is not
directly elected but elected by the Parliament members. He is – unusually – both head of the
state and head of government and depends for his tenure on the continued confidence of
Parliament.
Since the overthrow of the apartheid and the introduction of universal suffrage, South Africa has
had five Presidents, all from the African National Congress (ANC): Nelson Mandela (1994-1999),
Thabo Mbeki (1999-2008), Kgalema Motlanthe (2008-2009), Jacob Zuma (2009-2018) and Cyril
Ramaphosa (2018- ). The South Africa government operates from the Union Buildings in Pretoria.
Legislative Branch: Parliament of the Republic of South Africa (The National Assembly and the
National Council of Provinces).
The lower house of the Parliament of South Africa is called the National Assembly. It consists of
400 members who are elected every five years using a party-list proportional representation
system where half of the members (200) are elected proportionally from nine provincial lists and
the remaining half (200) from national lists so as to provide an overall allocation of seats which
is proportional to the votes cast for each political party. Parties decide whether they want to set
up both national and regional lists or only regional lists. Unlike many countries where the
government and the parliament are in the same city, the National Assembly is the locates in Cape
town in Western Cape Province in a building originally opened in 1885.
The upper house of the Parliament of South Africa is called the National Council of Provinces. It
consists of 90 members with each of the nine provincial legislatures electing 10 members. This
means that, as with the 50 American states in relation to the US Senate, each of the nine
provinces has equal representation in Council regardless of population. Each provincial
delegation consists of six permanent delegates, who are nominated for a term that lasts until a
new provincial legislature is elected, and four special delegates. One of the special delegates is
the province’s Premier, or another member of the provincial legislature designed by the Premier,
and the other three special delegates are designed by the provincial legislature. As with the
National Assembly, the National Council of Provinces is located in Cape Town in Western Cape
Provinces.
Judicial Branch:
South Africa has plenty of court and plenty of crimes to occupy their deliberations. The judicial
system consists of: the magistrates’ courts, which hear lesser criminal cases and smaller civil
cases; the High Courts, which are courts of general jurisdiction for specific areas; the Supreme
Court of Appeal, which is the highest court in all but constitutional matters; and the constitutional
Court, which hears only constitutional matters. The Supreme Court of Appeal is located in
Bloemfontein. The Constitutional Court sits in Johannesburg, a different location from the capital,
the parliament capital and the judicial capital.
JAPAN
The Japanese political system is based on Japan’s constitution, which was drafted after the end
of WWII. Enacted on May 3, 1947, it firmly establishes a democracy in form of a constitutional
monarchy, which, similar to the U.K., maintained its long-standing imperial family as the honorary
figurehead of the country. From this point forward, government power has been distributed
between three branches; the National Diet, the Cabinet, and the judiciary sections of the
government. These entities serve as the legislative, executive and judicial branches respectively.
Emperor
Following World War II, the role of Japan’s imperial family has gone from one of holding almost
absolute power to that of a figurehead and ambassador for the country on domestic and
international affairs. According to the constitution, the Emperor carries out ceremonial duties,
such as appointing the Prime Minister and the Chief Justice of the Supreme Court into office and
presenting distinguished awards from the government of Japan. Internationally, imperial family
members serve as ambassador of Japan, hosting high profile diplomats and guests from abroad,
and visiting foreign national on diplomatic missions. The current emperor of Japan is Naruhito
(since 2019).
Executive Branch
The Prime minister of Japan is the face of Japan’s acting government, driving domestic policy and
guiding foreign diplomacy for the nation. To be prime minister of Japan, one must be a Japanese
national, and also a standing member of the current National Diet. Prime Ministers are not
elected by a direct vote from citizens but are appointed by the Diet. Therefore, whichever party
holds control in the Diet will likely appoint their party leader to be the prime minister. The current
Prime Minister of Japan is Yoshihide Suga.
The Cabinet, the managing bodies of Japan’s governmental agencies, is appointed directly by the
incumbent prime minister. Most Cabinet positions, called ministers, are required to be filled by
existing members of the Diet. Ministers of State oversee the 11 ministers of Japan, which are
specialized bureaus that direct policy over specific aspects of the nation’s operations. In terms of
accountability and maintain their positions, the prime minister and the cabinet are directly
responsible to the Diet.
The legislative Branch: The Diet of Japan (The House of Councillors and the House of
Representatives).
The Diet of Japan consists of an upper house, The House of Councillors, and a lower house, the
House of Representatives. It is the highest level of state power in the country, and the only
section of government that can enact new laws. The Diet’s main functions include appointing the
prime minister of Japan, approving the national budget, ratifying international treaties, and
creating and implementing amendments to the constitution.
The upper house consists of 242 members who serve 6-year terms. Elections for half of the house
are held every three years. 146 members are voted into office directly from their local districts
96 of the members are preferred party members who are appointed into to power via a
proportional representation system based on the number of votes that were given to each
political party.
The lower house, the House of Representatives, consists of 480 members who serve 4-year
terms. 300 members are voted into office directly from their local districts. 180 of the members
are preferred party members appointed via the proportional representation system. The House
of Representatives holds the highest authority of pushing bills into law. If the House of Councilors
rejects a bill, the house of Representatives can re-vote on the bill and enact it with a vote of two-
thirds or higher in support. Additionally, the executive branch has the power to dissolve The
House of Representatives, resulting in an election before their 4-year terms are over.
Judicial Branch
The judicial branch of Japan’s government consists of the Supreme Court, with one chief judge
and 14 Supreme Court judges, and four lower classes of courts. The lower courts consist of eight
high courts, 50 district courts, 50 family courts, and 438 summary courts. The positions of chief
judge of the Supreme Court is decided by the cabinet but appointed by the Emperor through
formal ceremony. The cabinet directly appoints the other 14 Supreme Court judges. All judges
must be reviewed every 10 years after their appointment, and the retirement age in 70. The
Supreme Court deliberates upon the constitutionality of laws in the country, similar to their
foreign counterparts in other democratic countries. Japan’s supreme court, however, will only
rule on a case where an actual dispute has been raised from a lower court up to the Supreme
Court.
ISRAEL
Israel is the only democracy in the Middle East, arguably the most troubled region in the world
where Israel is surrounded by states and forces that wish that it did not exist and have repeatedly
tried to ensure that it does not. It is one of a tiny number of countries in the world – another is
the United Kingdom – that does not have a written constitution, since religious political parties
blocked adoption of a constitution at independence in 1948 and the project has never been
completed. Instead there are 11 Basic Laws. In 2003, the parliament began to draft an official
constitution based these laws – but the project continues.
Executive Brach
The head of the Israel state is the President who is an apolitical ceremonial figurehead. The
President is elected by the Knesset for a seven years term and is limited to a single term. The
current President of Israel is Reuven Revlin. The Prime Minister is normally the leader of the
political party with the largest representation in the legislature, certainly of the political party
with the largest representation in the governing coalition. The version of proportional
representation that operates in Israel virtually guarantees that the government will be a coalition
and a period of six weeks is granted to the winner of a election to form a coalition which can
command a majority of seats in the legislature.
Israel has an unusual system of deputy leaders of three kinds: Acting Prime Minister, Deputy
Prime Minister, and the Vice Prime Minister. The Acting Prime Minister takes the place of the
Prime Minister if he or she is temporarily incapacitated while the incumbent is still in office for a
period up to 100 consecutive days. The holder of this position can additionally be head of the
Government Department. In the current Cabinet, nobody has been appointed to this position.
Deputy Prime Minister and Vice Prime Minister are honorary rather than official executive
positions. In the current Cabinet, there are three Deputy Prime Ministers and four Vice Prime
Ministers.
The Prime Ministers appoints a Cabinet, the membership of which must be approved by the
Knesset. Any new appointment to the Cabinet must similarly be approved by the Knesset. Most
ministers are members of the Knesset although only the Prime Minister and the Designated
Acting Prime Minister are formally required to be members. The Current Prime Minister of Israel
is Benjamin Natanyahu.
Legislative Brach: The Knesset, a single chamber
Israel has a single chamber legislature called the Knesset – meaning literally gathering or
assembly – which consists of 120 members (MKs) elected for a maximum term of four years. In
practice, Knesset terms has finished its four-year term, since the 1988 election, no Knesset has
finished its four-year term – the average term is a mere two years.
The simplest way to describe the electoral system of Israel is to call it national list system. This
means that the whole country is in effect regarded as one constituency and voters, instead of
choosing one candidate for their local constituency as in many countries, choose one list of
candidates from a number of lists, each compiled and presented by a political party on a national
level. Although national list systems do not have to operate this way, in Israel closed lists are used
which means that the party determines the order of the candidates on the list and most voters
have no influence over or choice of that order.
The formal way to describe it is to call it the highest averages method of party-list proportional
representation using the d’Hondt formula. The highest average method requires the number of
votes for each party to be divided successively by a series of divisors and seats are then allocated
to parties that secure the highest resulting quotient or average, up to the total number of seats
available. The d’Hondt formula is the most widely used for list systems and involves using the
divisors 1, 2, 3, 4 etc. This system tends to give larger parties a slightly larger portion of seats than
their portion of the electorate. Technically this would guarantee that a party with a majority of
votes would receive at least half of the seats – except no party in Israel elections ever secures a
majority of votes.
Judicial Branch: The Supreme Court
The highest court in Israel is the Supreme Court. The number of Supreme Court justices is
determined by a resolution of the Knesset and is usually 12, but currently there are 15 Supreme
Court Justices. Justices serve until the age of 70. Several leading figures in Likud and Jewish Home
have called for legislation to limit the power of the Supreme Court to block legislation. Supreme
Court Justice, as well as all other judges, are appointed by the President on the nomination of
the Judicial Appointments Panel. This Committee is composed of nine members: three Justices
of the Supreme Court (including the President of the Court), two Ministers (one of them being
the Ministers of Justice), two Members of the Knesset, and two representatives of the Israel Bar
Association. The Ministers of Justice is Chairperson of the Committee.

Unit 7: the third world models

The term “First World” refers to so called developed, capitalist, industrial countries, roughly, a
bloc of countries aligned with the United States after WWII, with more or less common political
and economic interests: North America, Western Europe, Japan and Australia.
“Second World” refers to the former communists-socialist, industrial states, (formerly the
Eastern bloc, the territory and sphere of influence of the Union of Soviet Socialists Republic)
today: Russia, Easter Europe and some of the Turk States (Kazakhstan) as well as China.
“Third World” are all the other countries, today often used to roughly describe the developing
countries of Africa, Asia and Latin America. The term Third World includes as well capitalist (e.g.
Venezuela) and communist (e.g., North Korea) countries as very rich (e.g. Saudi Arabia) and very
poor (e.g. Mali) countries.
What makes a nation third world?
Despite ever evolving definitions, the concept of the third world serves to identify countries that
suffer from high infant mortality, low economic development, high levels of poverty, low
utilization of natural resources, and heavy dependence on industrialized nations.
Third world nations tend to have economies dependent on the developed countries and are
generally characterized as poor with unstable governments and having high rates of population
growth, illiteracy, and diseases.
A key factor is the lack of middle class – with impoverished millions in a vast lower economic class
and a very small elite upper class controlling the country’s wealth and resources. Most third world
nations also have a large foreign debt.
STRANGE EXAMPLES OF THIRD WORLD COUNTRIES
Why is Greenland a Third World country?
In times of the third World model Greenland was sealed off from international commerce and
Denmark was maintaining a strict monopoly on Greenlandic trade, allowing only small-scale
barter (troaking) with Scottish whalers. During the 1950s and 1960s the Danish government
introduced an urbanization and modernization program, aimed at creating an urban economic
environment in Greenland, by expanding the coastal towns. People from the surrounding small
settlements were rehoused in hastily built houses and modern fishing practices were introduced.
Why is rich Saudi Arabia a Third World country?
According to the old Three World Model, Saudi Arabia was not aligned with the US nor was it
part of the Soviet Union bloc, the Eastern bloc. Saudi Arabia’s reserves of oil were discovered
only in 1938 and development to exploit these reserves began in 1941. Until then Saudi Arabia
was a country with Arab tribal culture. And even today Saudi Arabia is a very conservative
country. It is run by a royal and religious elite. Public expression of opinion about domestic
political or social matters is discouraged. There are no theaters or public exhibition of films. There
are no organizations such as political parties or labor unions to provide public forums.
KENYA
The republic of Kenya is a unitary State. Kenya won its independence from British colonial rule
on 12 December 1963. The country has a multi-party-political system whose hallmark is
parliamentary democracy.
Executive Branch
The President of the Republic of Kenya, together with the Deputy-President and the Cabinet
Secretaries comprise the executive. The President shall nominate and, with the approval of the
National Assembly, appoint Cabinet Secretaries. A Cabinet Secretary shall not be a Member of
Parliament. The President is elected directly for a 5-year term. In order to win, a candidate must
garner 50% plus 1 vote and 25% in half of 47 counties. Kenya is a presidential republic. The
current President of Kenya is Uhuru Kenyatta.
Legislative Branch: The National Assembly and the Senate
The Parliament of Kenya is bicameral house consisting of the National assembly and the Senate.
The National Assembly has in total 349 members plus the Speaker who is an ex-officio. Art. 95 of
the Constitution establishes that the National Assembly shall consists of the following:
• 290 members, each elected by the registered voters of single member constituencies
• 47 women, each elected by the registered voters of the counties each county constituting
a single member constituency
• 12 members nominated by parliamentary political parties according to their proportion
of members of the National Assembly in accordance with Art. 90, to represent special
 interests including the youth, persons with disabilities and workers; and the Speaker, who
is an ex officio member.
The Senate consists of 67 members plus the Speaker, who is an ex-officio member. Art. 98 of the
Constitution establishes that the Senate shall consist of the following:
• 47 members each elected by the registered voters of the counties, each county
constituting a single member constituency
• 16 women members who shall be nominated by political parties according to their
proportion of members of the Senate elected under clause (a) in accordance with Art. 90
• 2 members being one man and one woman, representing the youth
• 2 members, being one man and one woman, representing persons with disabilities
Parliamentary politics in Kenya is open, free fair and highly competitive field Kenya has indeed
held all its general elections – presidential, parliamentary, and local authorities every 5 years as
required in the Constitution, without fail since the country attained independence in 1963. On
March 4, 2013, Kenya went to a general election, the first ever under the new constitution which
was promulgated in August 2010.

Regarding third world models we have different good examples of democracy, in Africa Ghana
and Kenya; in Asia, Indonesia, which is the Muslim country with more population and an example
of democracy for other Muslim countries; and Latin America, Costa Rica. We have chosen Kenya
as an example to understand how democracy is possible to be implemented if there is strong
state institutions, free elections, political parties, respect to human rights, etc. Democracy is not
only wishes for Western countries but for the whole world

INDONESIA
It is a presidential republic. It is a democratic country that applies a presidential system and
Pancasila is the soul of the Indonesian democracy. Pancasila is the philosophic fundamentals of
the State. Pancasila consists of five principles that are interrelated and inseparable, namely:
1. The belief in one God
2. A just and civilized humanism
3. Unity of Indonesia
4. Democratic citizenship lead by wise guidance born of representative consultation
5. Social just for all the people of Indonesia
As in other democratic countries, Indonesia applies the Trias political that recognizes the
separation of legislative, executive and judicial bodies.
Indonesia has 33 provinces (including 2 Special Territories of Nanggroe Aceh Darussalam and
Yogyakarta) and one Special Capital Region of Jakarta (DKI).
Islam is the major religion of 85,2% of the population, designating Indonesia as the largest
Moslem country in the world.
Executive Branch
The executive power is centralized under the president, vice-president and the cabinet of
ministers. The cabinet is a presidential cabinet in which the ministers report to the president and
don’t represent the political parties. The current president is Joko Widodo
Legislative Branch
The legislative authority is under the People’s Consultative Assembly (MPR) that consists of two
bodies namely the Parliament composing of members of political parties and the Regional
Representatives Council (DPD) composing of representatives from each province in Indonesia.
Each province is represented by 4 delegates that are elected by the people in the respective
region. The People’s Consultative Assembly (MPR) is the highest state institution
Judicial Branch
The judicial institution – since the reform era and upon the amendment of the 1945 Constitution
– is administered by the Supreme Court including the administration of the judges.

UNIT 8: AUTHORITARIAN MODELS

RUSSIA
While officially a democracy (federal semi-presidential constitutional republic), the Russian
Federation has been slowly sliding back towards authoritarianism under the guise of patriotism
and nationalism. Vladimir Putin has reformed the Russian state, crafting a post-Soviet
domineering regime that controls the media suppresses dissent.
The President
The Constitution of 1993 provides strong powers for the President. The president has broad
authority to issue decrees and directives that have the force of law without legislative review,
although the constitution notes that they must not contravene that document or other laws.
The Law on Presidential Elections requires that the winner receive more than 50% of the vote,
the top two candidates in term of votes must face each other in a run-off election. Under the
original 1993 Constitution, the President was elected for a four-year term but, in November 2008,
the constitution was amended to make this a six-year term. The President is eligible for a second
term but constitutionally he is barred from a third consecutive term.
The first President of the new Russia was Boris Yelsin who was elected in June 1991. He was
followed by his hand-picked successor Vladimir Putin. After a term as Acting President, he was
elected for his first term in May 2000 and for a second term in March 2004. In accordance with
the constitution, he stepped down in March 2008 and was succeeded by his nominated successor
Dimitry Medvedev (previously a First Deputy Prime Minister).
In March 20012, Putin was re-elected as President on the first ballot in a widely criticized election
in which the opposition candidates were weak, the media was compliant, and there were many
electoral irregularities. He took office in May 2012 and will serve for six years. He was reelected
in 2018 until 2024 when he will be 71. Currently Vladimir Putin trys to get a constitutional reform
to stay longer in power via a referendum (this was postponed due to the COVID) The current
President of Russia is Vladimir Putin and the Prime Minister is Mijail Mishustinnt.
The State Duma
The lower house of the Russian Federal Assembly is the State Duma. It is the more powerful
house, so all bills even those proposed by the Federation Council, must first be considered by the
duma. However, the Duma’s power to force the resignation of the Government is severely
limited. It may express a vote of no confidence in the Government by a majority vote of all
members of the Duma, but the President is allowed to disregard this vote. The Duma has 450
members who are known as deputies. Originally seats in the Duma were elected half by
proportional representation (with at least 5% of the vote to qualify for seats) and half by single
member districts. However, President Putin passed a decree that from the November 2007
elections all seats were to be elected by proportional representation with at least 7% of the vote
to qualify foe seats. This 7% threshold was one of the highest in Europe and, by introducing this,
Putin eliminated independents and made it effectively impossible for small parties to be elected
to the Duma.
The Federal Council
The upper house in the Russian Federal Assembly is the Federation Council. The Council has 170
members who are known as senators. Each of the 85 federal subjects of Russia sends two
members to the Council. As a result of the territorial nature of the upper house, terms to the
Council are not nationally fixed, but instead are determined according to the regional bodies the
senators represent.
CHINA
China makes no pretense to be – or to want to be – a democracy in the Western style. Since the
end of the civil war in 1949, the Communist Party of china (CPC) has ruled the county and
operates a pyramid of power which reaches down to every village and every workplace. The
Party’s 85-million membership makes it the biggest political party in the world.
As with the former Communist-controlled USSR and its satellite states, China pretends to be a
multi-party state by technically permitting a limited number of other political parties. The eight
registered minor parties have existed since before 1950. These parties all formally accept the
leadership of the CPC and their activities are directed by the United Front Work Department of
the CPC.
The Constitution
The Constitution of the People’s Republic of China is a changing document. The first Constitution
was declared in 1954. After two intervening versions enacted in 1975 and 1978, the current
Constitution was declared in 1982. There were significant differences between each of these
versions, and the 1982 Constitution has subsequently been amended no less than four times
(1988, 1993, 1999, and 2004). In addition, changing Constitutional conventions have led to
significant changes in the structure of Chinese government in the absence of changes in the
actual text of the Constitution.
The Politburo
The 25-member Politburo is elected by the party’s Central Committee, New Politburo members
are chosen only after rigorous discussion and investigation of their backgrounds, experience and
views. To reach the top, people need a strong record of achievement working for the party, to
have the right patrons, to have dodged controversy, and to have avoided making powerful
enemies. Formally, the power of Politburo members stems from their positions in the decision-
making body. But in China, personal relations count much more than job titles. A leader’s
influence rest on the loyalties he or she builds with superiors and proteges, often over decades.
China’s most senior decision-making body is the seven-member standing Committee on the
Politburo which works as a kind of inner cabinet and groups together the country’s most
influential leaders. How the standing Committee operates in secret and unclear, but its meeting
are thought to be regular and frequent, often characterized by blunt speaking and disagreement.
Although policy disagreements and factional fight are widely believed to take place in private, it
is extremely rare for these to break into the public domain.
Members of the Standing Committee also share out the posts of party General Secretary, premier
chairman of the National People’s Congress, and head of the Discipline Inspection Commission.
The Politburo controls three other important bodies and ensures the party line is upheld through
these bodies. These are:
• The National People’s Congress or parliament
• The State Council, the government’s administrative arm
• The Military Affairs Commission which controls the armed forces
The President of China is the head of state. He is currently Xi Jinping who was appointed at the
end of the 2012 and is expected to serve for 10 years. He has abandoned the Communist Party’s
once hallowed tradition of ‘collective leadership’ in favor of strongman rule by himself. While he
is genuinely opposed to corruption among party officials, he has used his anti-corruption
campaign to remove rivals and consolidate power. The current Prime Ministers of China is Li
Keqiang.
The Central Committee
The Central Committee is elected once every five years by the National Congress of the
Communist Party of China although in fact almost all of these people are approved in advance.
This Central Committee has 205 full members and 171 lower -ranking or “alternate members”. It
meets every couple of months. The Central Committee is, formally the “Party’s highest organ of
authority” when the National People’s Congress is not in session. According to the Party
Constitution, it is vested with the power to elect the General Secretary and the members of the
Politburo, its Standing Committee, and the Military Affairs Commission, and to endorse the
composition of the Discipline Inspection Commission. It also oversees work of various powerful
national organs of the party.
In theory, the Congress has the power to change the constitution and make laws. But it is not,
and is not meant to be, an independent body in the Western sense of a parliament. About 70%
of its delegates – and almost all its senior figures- are also party members. Their loyalty is to the
party first, the NPC second. What actually teds to happen. Therefore, is that party drafts most
new legislations and passes it to the NPC for “consideration”, better describes as speedy
approval. The formal position is that Congress “elects” the country’s highest leaders, including
the Satte President and vice-President, the Chairman of the government’s own Military Affairs
Commission, and the President of the Supreme People’s Court.
The State Council
The State Council is the cabinet which oversees China’s vast government machine. It sits at the
top of a complex bureaucracy of commissions and ministers and is responsible for making sure
party policy is implemented from the national to the local level. The State Council’s most
important roles are to draft and manage the national economic plan and the state budget, giving
it decision-making powers over almost every aspect of people’s lives. It is also responsible for law
and order.
The Courts
Unlike in democratic countries, the China’s court system is in no sense independent. Both main
legal organs answer to the National People’s Congress. The Supreme People’s Procuratorate is
the highest legal supervisory body, changed with safeguarding the constitution, laws and
people’s rights. The Supreme People’s Court sits at the top of a pyramid of people’s courts going
down to the local level. Public security organs are in charge of the investigation, detention and
preparatory examination of criminal cases.
SAUDI ARABIA
The kingdom of Saudi Arabia is a monarchy rules by the Al Saud family. Since 2005 King Abdullah
bin Abdulaziz Al Saud has rules under the title Custodian of the Two Holy Mosques, a reference
to his responsibility for Islam’s two holiest sites in Mecca and Medina. The government bases its
legitimacy on its interpretation of Sharia (Islamic law) and the 1992 Basic Law.
Islamic law, the Sharīʿah, is the primary source of legislation, but the actual promulgation of
legislation and implementation of policy is often mitigated by more mundane factors, such as
political expediency, the inner politics of the ruling family, and the influence of intertribal politics,
which remain strong in the modern kingdom. The kingdom has never had a written constitution,
although in 1992 the king issued a document known as the Basic Law of Government (Al-Niẓām
al-Asāsī lī al-Ḥukm), which provides guidelines for how the government to be run and sets forth
the rights and responsibilities of citizens.
Executive, legislative and judicial branches
The king combines legislative, executive, and judicial functions. As prime minister, he presides
over the Council of Ministers (Majlis al-Wuzarāʾ) The Council is responsible for such executive
and administrative matters as foreign and domestic policy, defense, finance, health, and
education, which it administers through numerous separate agencies. Appointment to and
dismissal from the council are prerogatives of the king.
The Basic Law of Government paved the way in 1993 for the establishment of a new quasi-
legislative body, the Consultative Council has the power to draft legislation and, along with the
Council of ministers, promote it for the king’s approval. In the end, however, all major policy
decisions are made outside these formal apparatuses. Decisions are made through a consensus
of opinion that is sought primarily within the royal family, many of whom hold sensitive
government post.
The kingdom is divided into 13 administrative regions (manāṭiq), which in turn are divided into
numerous districts. Regional governors are appointed, usually from the royal family, and preside
over one or more municipal councils, half of whose members are appointed, and half elected.
With their councils, the governors are responsible for such functions as finance, health,
education, agriculture, and municipalities. In 1970 the ministry of Justice was established; its
work is assisted by a Supreme Judicial council consisting of leading members of the ʿulamāʾ. There
are more than 300 Sharīʿah courts across the country.
The kingdom of Saudi Arabia is ruled by King Salman. HE is the King and Prime Minister of Saudi
Arabia and custodian of the Two Holy Mosques. The Crown Prince is Mohammad bin Salman who
is the First Deputy Prime Minister, Chairman of the Council for Economic and Development
affairs, and Minister of Defense. Saudi Arabia is an unitary Islamic absolute monarchy.
IRAN

The President
The President is elected for four years and can serve no more than two consecutive terms. The
Constitution describes him as the second-highest ranking official in the country. He is head of the
executive branch of power and is responsible for ensuring the constitution is implemented. In
practice, however, presidential powers are circumscribes by the clerics and conservatives in
Iran’s power structure, and the authority of the Supreme Leader. It is the Supreme Leader, not
the president, who controls the armed forces and makes decisions on security, defense and major
foreign policy issues.
The Cabinet
Members of the cabinet, or Council of Ministers, are chosen by the president. They must be
approved by parliament. Parliament can also impeach ministers.
The Parliament
The 290 members of the Majlis, or parliament, are elected by popular vote every four years. The
parliament has the power to introduce and pass laws, as well as to summon and impeach
ministers or the president. However, all Majlis bills have to be approved by the conservative
Guardian Council.
The Assembly of Experts
The responsibilities of the Assembly of Experts are to appoint the Supreme Leader, monitor his
performance and remove him if he is deemed incapable of fulfilling his duties. The assembly
usually holds two sessions a year.
Guardian Council
This is the most influential body in Iran and is currently controlled by conservatives. It consists of
six theologians appointed by the Supreme Leader and six jurists nominated by the judicial and
proved by parliament. Members are elected for six years on a phased basis, so that half the
membership changes every three years. The council has to approve all bills passed by parliament
and has the power to veto them if it considers them inconsistent with the constitution and Islamic
law. The council and also bar candidates from standing in elections to parliament, the presidency
and the Assembly of Experts.
The role of Supreme Leader in the constitution is based on the ideas of Ayatollah Khomeini, who
positioned the leader at the top of Iran’s political power structure. The Supreme Leader appoints
the head of the judiciary six of the members of the powerful Guardian council, the commanders
of the all the armed forces. Friday prayer leaders and the head of radio and TV. He also confirms
the president’s election. The Leader is chosen by the clerics who make up the Assembly of
Experts. The current Supreme Leader is Ali Khamenei and the Resident is Hassan Rouhani.
The Judiciary
The Iranian judiciary has never been independent of political influence. Until early last century it
was controlled by the clergy. The system was later secularized, but after the revolution the
Supreme Court revoked all previous laws that were deemed un-Islamic. New laws based on Sharia
– laws derive from Islamic texts and teachings – were introduced soon after.
The judiciary ensures that the Islamic laws are enforced and defines legal policy. It also nominates
the six lay members of the Guardian Council. The head of the judiciary is appointed by, and
reports to, the Supreme Leader.

UNIT 9: TOWARDS A WORLDWIDE CONSTITUTION?

We live in a world more and more globalized and multilateral. Globalization is a process of
interaction and integration among the people, companies and governments of different nations,
a process driven by international trade and investment and aided by information technology. The
process has effects on the environment, on culture, on political systems, on economic
development and prosperity, and on human physical well-being in societies around the world
Globalization is not new though. For thousands of years, people-and later corporations have been
buying from and selling to each other in land great distances, such as through the famed Silk Road
across Central Asia that connected China and Europe during the Middle Ages. Likewise, for
centuries, people and corporations have invested in enterprises in other countries. In fact, many
of the features of the current wave of globalization are similar to those prevailing before the
outbreak of the First World War in 1914. But policy and technological development of the past
few decades have spurred increases in cross-border trade, investment, and migration so large
that many observers believe the world has entered qualitatively new phase in its economic
development.
Indivisibility => in security arrangements, people is treated as being indivisible, such that no
participating member can be at war while others are at peace. In commercial policy, the norm of
Most Favored Nation (MFN) makes the trade system as indivisible whole. Bilateralism, by
contrast, necessarily fragments relations between states.
Diffuse Reciprocity => Multilateralism is considered to give rise to expectations of diffuse
reciprocity among participants. In situations characterized by diffuse reciprocity, there is an
expectation that there will not be an equivalence of obligations or concessions in any one
exchange, but rather, a balance is expected over an ongoing, potentially indefinite, series of
exchange with a group of partners.
Dispute Settlement => for the states to feel assured of the returns of treating their interests as
indivisible, multilateral arrangements tend to incorporate some mechanism for ensuring that
countries act in accordance with the expected norms.
Multilateral European Union
Without global norms and the means to enforce the, peace and security prosperity and
democracy – our vital interest – are at risk. Guided by the values on which it is founded, the Eu is
committed to a global order based on international law, including the principles of the UN
Charter, which ensure peace, human rights, sustainable development and lasting access to the
global commons. This commitment translates into an aspiration to transform rather than simply
preserve the existing system. The EU will strive for a strong UN as the bedrock of the multilateral
rules-based order, and develop globally coordinated responses with international and regional
organizations, states and non-state actors.
Multilateral USA?
America foreign policy appears to have taken a sharp unilateral turn. A half century of U.S.
leadership in constructing an international order organized around multilateral institutions, rule-
based agreements, and alliance partnerships seems to be giving way to an assertive unilateralism.
Although Barack Obama policy appeared to be more multilateralist than his predecessor Bush,
the new President’s (Trump) policy is all but multilateral. His main slogan, America First, is the
perfect example of his unilateral desires.
Reform
A worldwide constitution seems like a utopia, or at least something that cannot be done
nowadays, as the global governance is. However, a reform of the United Nations Organization is
not only desirable, but above all necessary in view of the current global situation.
Mogherini Strategy, June 2016: « A commitment to global governance must translate in the
determination to reform the UN, including the Security Council, and the International Financial
Institutions (IFIs). Resisting change risks triggering the erosion of such institutions and the
emergence of alternative groupings to the detriment of all EU Member States. The EU will stand
up for the principles of accountability, representativeness, responsibility, effectiveness and
transparency. »

UNIT 10: THE EUROPEAN UNION

THE SPANISH STATE AS A MEMBER OF THE INTERNATIONAL COMMUNITY
Until 1975, the Franco regime made it impossible to envisage Spain’s accession to the European
Communities, based on democratic principles and respect for human rights. Cooperation was
limited to economic matters. The death of the dictator Franco, followed by the liberalization and
democratization of the country, enabled Spain to apply for membership of the European
Communities in 1977, one month after the first democratic parliamentary elections.
In 1978, despite some reservations, the European Commission gave a favorable opinion to this
accession. Finally, after six years of tumultuous negotiations, Spain became a member of the
European Union in 1986, together with Portugal. The entry of Spain (as well as those of Greece
and Portugal) is politically symbolic: it shows that the Community is open to all European
countries as long as they respect its fundamental principles.
THE EUROPEAN UNION AND ITS INSTITUTIONS
Parliament • Role: voice of EU Member States,
adopts legislation and coordinates EU
• Role: a body of the European Union
policies.
elected by direct universal suffrage,
with legislative, budgetary and • Members: national ministers from
supervisory powers. each EU country, depending on the
• Members: 705 Members (members of policy areas
the European Parliament) • President: Each EU country holds the
• President: David Sassoli rotating presidency for a period of 6
months
• Established: 1952 as the Common
• Established: 1958 (as “Council of the
Assembly of the European Coal and
European Communities”)
Steel Community 1962 as the European
Parliament (first elections in 1979) • Headquarters: Brussels (Belgium)
• Seats: Strasbourg, Brussels, and
Luxembourg
European Council European Commission
• Role: defines the amin orientations and • Role: to promote the general interest
political priorities of the European of the European Union by proposing
Union. legislation and ensuring its
• Members: the Heads of State and implementation, as well as by
Government of the EU, the President of implementing the EU’s policies and
the European Commission, the High budget.
Representatives of the Union for • Members: a team of Commissioners
Foreign Affairs and Security Policy and (one from each Member State), who
the President of the European Council.
together form the “College”
• President: Charles Michel
• President: Ursula von der Leyen
• Established: 1974 (informal assembly), • Establishes: 1958
1992 (official status), 2009 (official
• Headquarters: Brussels.
institution of the EU)
• Headquarters: Brussels European Court of Justice

Council of the European Union • Role: to endure that EU legislation is

interpreted and applied in the same
way in all EU countries; ensure that EU
 countries and institutions comply with • President: Christine Lagarde
EU legislation. • Founded:1990
• Members: • Headquarters: Frankfurt
o Court of Justice: one judge per
Here are the other institutions of the
Member State and 11
European Union
Advocates-General
o Court 47 judges. In 2019, their • European Court of Auditors
number will be increased to 56 • European External Action Service
(2 judges per Member State) (EEAS)
• Founded: 1952 • European Economic and Social
• Headquarters: Luxembourg Committee (EESC)
• European Committee of the Regions
European Central Bank
(CoR)
• Role: managing the single currency, • European Investment Bank (EIB)
ensuring price stability and conducting • European Ombudsman
the EU’s economic and monetary • European Data Protection Supervisor
policy • Inter-institutional services
• Members: the President and Vice-
President of the ECB, as well as the
governors of the central banks of all EU
Member States
Terms
Regulation: binding legislative act. It must be applied in its entirety across the EU. For example,
when the EU wanted to make sure that there are common safeguards on goods imported from
outside the EU, the Council adopted a regulation.
Directives: legislative act that sets out a goal that all EU countries must archive. However, it is up
to the individual countries to devise their own laws on how to reach these goals. One example is
the EU, for example by eliminating hidden changes and costs on the internet and extending the
period under which consumers can withdraw from a sales contract.
Decision: is binding on those to whom it is addressed (e.g. and EU country or an individual
company) and is directly applicable. For example, the Commission issued a decision on the EU
participating in the work of various counter-terrorism organizations. The decision related to
these organizations only.
Recommendation: is not binding. When the Commission issued a recommendation that EU
countries law authorities improve their use of videoconferencing to help judicial services work
better across borders, this did not have any legal consequences. A recommendation allows the
institutions to make their views known and to suggest a line of action without imposing and legal
obligations on those to whom it is addressed.
Opinions: is an instrument that allows the institutions to make a statement in a non-binding
fashion, in other words without imposing any legal obligation on those to whom it is addressed.
An opinion is not binding. It can be issued by the main EU institutions (Commission, Council,
Parliament), the Committee of the Regions and the European Economic and Social Committee.
While laws are being made, the committees give opinions from their specific regional or
economic and social viewpoint. For example, the Committee of the Regions issued an opinion on
the clean air policy package for Europe.