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NATIONAL POLITICAL INSTITUTIONS,

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Title: NATIONAL POLITICAL INSTITUTIONS,


1
NATIONAL POLITICAL INSTITUTIONS,
2
Constitutions and Formal Structures of Government
  • Traditional tripartite division of power
    Executive
  • Strong executives go back to role of
    Spanish/Portuguese kinds during the reconquest
  • Center of governmental power since independence
    in Latin American states
  • President/dictators tendeded to remain in office
    for decades in the first century after
    independence
  • Nation building
  • Violence
  • Monarchical tradition

3
Latin American Political Systems Historically
Favor Executive Power
  • Spain and the adelantados
  • Tentativeness of imperial power on the large
    estates
  • Destruction of central authority in the
    independence struggle
  • Gen. Manuel Rosas (Argentina)
  • CAUDILLOS

4
More on Executive Dominance
  • Longevity in power was accompanied by
  • human rights abuses
  • Development of cult of personality
  • Denigration of rules, procedures and the law

5
Longevity of personalistic presidencies spawns
limits on reelection in Second Wave Democracies
  • Diaz in Mexico (1877-1910)
  • Juan Vicente Gomez in Venezuela (1907 1935)
  • Trujillo in the Dominican Republic (1932-1961)
  • Rafael Trujillo (Dominican Republic)

6
Presidentialism Predominates in the Third Wave
but
  • Limits on reelection dissipate
  • One additional presidential term becoming more
    common in Third Wave democracies
  • Presidential dictators appear in the
    twenty-first century?

7
Constitutions and Formal Structures of Government
  • More on the executive
  • Multiple executive a failure (Uruguay)
  • Some experimentation with parliamentary system
  • Brazil (1961-63)
  • Peru prime minister assists the president in
    administering the bureaucracy
  • Vice presidents
  • viewed with suspicion
  • Sometimes bypassed when presidency becomes vacant

8
Constitutions and Formal Structures of Government
  • Traditional tripartite division of power
  • Bicameral most common
  • States and regions represented in upper chamber
  • Population based lower chambers
  • Legislative
  • Argentine National Congress

9
Constitutions and Formal Structures of Government
  • Common in smaller and centralized states
  • Questioning of the utility of upper chamber in
    Venezuelan constitution of 1999
  • UNICAMERAL
  • El Salvador Legislative Assembly

10
Strengthening the Legislative Institution
  • Generally subservient to the executive
  • Tradition of executive dominance
  • Personalism is culturally valued
  • Patronage tends to flow from the executive
  • Party discipline of individual legislators
  • Efforts to increase autonomy/power of legislature
  • Brazil 1992
  • Venezuela 1993

11
Constitutions and Formal Structures of Government
  • National court system
  • Most law based on code model (Roman law modified
    by Napoleon)
  • Dependent on executive whim in traditional
    dictatorships
  • Special courts
  • Military (fuero)
  • Labor)
  • State courts traditionally tied to local
    political structure
  • Municipal courts relatively minor importance
  • Traffic violations
  • Enforcement of zoning
  • Brasilia
  • Supreme Court of Brazil
  • JUDICIARY

12
Checks and Balances Judiciary
  • Justices named for a fixed term
  • Writs of AMPARO

13
Beyond the Tripartite Division of Constitutional
Powers
  • Peoples Power (ombudsman function)
  • Electoral Power
  • National Electoral Council named through
    political interaction involving national
    executive, legislature and political parties
  • Regional or state electoral councils report to
    National Electoral Council

14
Autonomy of State Local Governments
  • Characteristic of larger countries
  • Provides some independence for regional leaders
  • Local culture and customs have more influence
  • Often violated in practice
  • Boundaries and powers of regional governments
    laid out in constitution
  • Federalism

15
Centralism remains a powerful force
  • Regional governments function as administrative
    subdivisions of the national government
  • Characteristic of small countries
  • Local culture and customs less given less
    importance
  • El Salvador
  • Regional governments administrative subdivisions
    of national government
  • Unitary state organization

16
Checks and Balances State Local Governments
  • Decentralization currently in vogue
  • More participation
  • More efficiency in resource allocation
  • Strong resistance continues
  • Opposition to decentralization remains
    deep-seated
  • Castro in Cuba
  • Chavez in Venezuela
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