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Political Institutions

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Title: Political Institutions


1
Political Institutions
  • AP Comparative Government
  • Unit IV Part 1

2
ReviewDefinition State
  • A state is a political association with effective
    sovereignty over a geographic area.
  • These may be nation states or sub-national
    states, or in some cases supernational
    organizations.

3
The Foundation of the State
  • The STATE
  • Most dominant political unit
  • No higher authority

4
Political Institutionsand Structures
  • Key Questions
  • Who are the rulers?
  • What are the rules to control them?
  • Who controls AND WHY?
  • How are they Controlled?
  • WHO DO THEY CONTROL?

5
Institutions in a State
  • A state usually includes
  • A set of institutions that claim the authority to
    make the rules that govern the exercise of
    coercive violence for the people of the society
    in that territory
  • Status as a state often depends in part on being
    recognized by a number of other states as having
    internal and external sovereignty over it.

6
How Do States Gain and Keep Control?
  • Four theories
  • By Force
  • By Evolution
  • By Divine Right
  • Through Social Contract
  • Locke, Rousseau, Montesquieu

7
Review from AP Government
  • Political Institutions
  • Executive Branch
  • Can also include the Military
  • Can also include the Bureaucracy
  • Legislative Branch
  • Judicial Branch
  • Linking Institutions
  • Political Parties
  • Interest Groups
  • The Media

8
The Executive Branch
  • Head of State
  • President
  • Dictator
  • Monarch
  • Head of Government
  • Prime Minister
  • Premier
  • Chancellor

9
Head of State or Chief of State
  • Usually serves as the chief public representative
    of a monarchic or republican nation-state,
    federation, commonwealth or any other political
    state.
  • His or her role generally includes personifying
    the continuity and legitimacy of the state and
    exercising the political powers, functions and
    duties granted the head of state in the country's
    laws and constitution.

10
Head of State or Chief of State
  • Charles de Gaulle described the role he envisaged
    for the French president when he wrote the modern
    French constitution.
  • He said the head of state should embody "the
    spirit of the nation" for the nation itself and
    the world une certaine idée de la France (a
    certain idea about France).
  • Today many countries expect their head of state
    to embody national values in a similar fashion

11
Head of Government
  • The Head of Government is the chief officer of
    the executive branch of a government, often
    presiding over a cabinet.
  • Is the Leader of the Government
  • Process functions includes
  • Initiates/sets policy
  • Domestic and Foreign
  • Enhances policy
  • Enforcement of policy

12
Head of Government AND State
  • In presidential republics or monarchies, the head
    of government may be the same person as the head
    of state, who is often a president (of the
    republic) or a monarch.
  • Example The United States

13
Functions of Executive
  • Leader of State
  • Communicator of State Ideals
  • Implementation of Policy
  • Dynamism
  • Sets pace and enhances political structure

14
Executives as Bureaucrats
  • Functions
  • Enforcement of laws, implement rules
  • Monopolizes outputs
  • Elaborates policy
  • Adjudicates policy
  • Spokesperson for special interest group
  • Interest aggregation
  • Communication function
  • Is it responsive?

15
How Can Executive Power be Controlled?
  • Through Checks and Balances!
  • These agents of Control include
  • Voting (where this is available)
  • Approval of budgets
  • Investigative Courts
  • Mass media reports
  • Interest groups
  • Internal advisory commissions
  • Whistle blowers

16
The Legislative Branch
  • An assembly of elected representatives
  • 75 of 180 states have one
  • Congress
  • Chamber
  • Diets
  • Parliament
  • House of Commons
  • Majiles
  • Elected by popular vote
  • Accountable
  • Legitimate

Russian Duma
17
Nations with bicameral legislatures.      Nations
with unicameral legislatures.      No legislature
18
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19
Functions of Legislative Branch
  • Enact Legislation
  • Debating Forum
  • Amend Legislation
  • Formulation of policy
  • Input comes from outside
  • the voters

20
ReviewHow is Power Balanced Between the
Executive and Legislative Branches?
  • Presidential Systems
  • Separation of powers between Executive and
    Legislative branches
  • May be Dictatorship or Democracy
  • May be
  • Direct
  • Indirect Representative Govt
  • Parliamentary Systems
  • Merger of Executive and legislative branches with
    a PM selected by the majority party
  • Also may be Dictatorship or Democracy
  • May be
  • Direct
  • Indirect Representative

21
The Judicial Branch
  • Courts establish the Rule of Law for the
    society
  • Court system is based on who possesses the
    legitimate power of the government.
  • Authoritarian systems drive the judicial process.
  • Democratic systems will have checks and balances
    that will separate the three branches.

22
Classifying Institutions and Structures
  • Key Questions
  • Who/which institution is in control?
  • Why are they in control?
  • How do they control?
  • When did it occur?
  • How does it work?
  • Are there checks/balances?
  • How does it work?
  • If not why not?
  • Are there rules to control the dominant player?
  • Who made the rules? When?
  • Do they work?

23
What major institution holds the key in Great
Britain?
24
British Government Traditions
  • Who Should Govern? What should Government Do?
  • Trusteeship Theory
  • The governments job is to govern
  • Best interests of the masses
  • Interest Group Theory- Collectivism
  • Balance the needs of the people
  • Loyalty Prevails England First
  • Individualist Theory
  • Parties should represent people rather than
    organized groups
  • The Unions shall prevail attitude was
    dismantled by the New Labour

25
British Government Traditions
  • The PM Connection to the Crown
  • The PM is the "Head of Her Majesty's Government"
  • Queen provides Formal assent to all laws passed
    in Parliament
  • An age-old tradition of approval
  • No criticism of Parliament from Crown in public
    is allowed
  • The Crown can dissolve Parliament
  • Hasnt been done since 1834

26
What about this no Constitution business?
  • The UK constitution is not in a single, written
    document, but is drawn from legislation,
    treaties, judicial precedents, convention, and
    numerous other sources.
  • Two Basic Rules
  • The Rule of Law
  • The Supremacy of Parliament

27
Great Britain Government
  • A unitary government
  • A melding of the Executive and Legislative
    branches
  • Parliament
  • A deliberate assembly of one nation for one
    interest, that of the whole -- more ceremonial
    than efficient or effective
  • Fact -- The Executive Branch can secure every
    passage of its legislation
  • 97 of Whitehalls bills are passed!

28
British Prime Minister and Deputy Prime Minister
I have nothing to offer but blood, toil, tears,
and sweat- Winston Churchill
  • David Cameron
  • Conservative Party ( Tories)
  • Nick Clegg
  • Liberal Democrats

Being prime minister is a lonely job... you
cannot lead from the crowd. Margaret Thatcher
29
The Prime Minister
  • Prime Minister
  • First Among Equals
  • Party leader
  • Chairman of cabinet
  • Major campaigner of policy
  • Patronage - vital weapon
  • selects all 20 cabinet members
  • Selects Cabinet
  • secures the close union and complete fusion of
    the executive and legislative branches
  • Majority party dictates

30
GBs Prime Minister
  • PM needs cabinet support, not electorate.
  • Apex of unitary government but cabinet positions
    are not fixed. . .
  • PMs Power determined by events of state
  • HE HAS TO WATCH OUT FOR THE SHADOW CABINET
    (THATS THE MINORITY PARTYS LEADERSHIP
  • Goal - maintain a good government . . . no matter
    what the posting.

31
The Power of Whitehall
  • Insures that the governments position is passed
  • Superior political power and flexibility
  • No constitution to inhibit but rules by
    constitutional principles

Whitehall pictured in 2012, with The Cenotaph and
Monument to the Women of World War II in the
middle of the street, and the clock tower housing
Big Ben in the background.
32
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33
Whitehall Bigwigs
The Home Office was born out of the barrel of a
gun. It was created to prevent public disorder
after troops shot dead nearly 300 people after
rioting... in 1780
  • Home Office
  • Home Secretary
  • The Foreign Office
  • Foreign Secretary
  • Treasury
  • Chancellor of the Exchequer

Teresa May
"The India Office is a miniature Government in
itself.
William Hague
The Chancellor of the Exchequer isentrusted
with a certain amount of misery which it is his
duty to distribute as fairly as he can."
George Osborne
34
The House of Commons
  • 650 members
  • Led by a speaker- John Bercow since 2009
  • Term of office -- 5 years MAX
  • Division of power between the majority and the
    minority.
  • Party Line whip
  • Goal -- Dont hurt the party
  • Its function is to approve policy, not make
    policy

35
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36
Legislating in the UK
  • MPs in House of Commons deliberate and debate
    the details of policy. . . not what policy but
    how to implement the policy
  • Purpose is to discuss legislation, not make it. .
    .
  • Legislation is made in Whitehall.

37
Debate in House of Commons
  • Debates express moods of HC.
  • If legislation passes, debate was effective.
  • Debate functions to weigh ones peers.
  • Debates allow minority to scrutinize
    administration
  • If the populous doesnt like it. . . they can
    seek out the ombudsman to express dissent

38
Ministers of ParliamentMPs
  • MPs are used to feel out legislation
    Publicize the issues!
  • Articulate political ideas debating forum
  • H of C is a place to mobilize support
  • MP is not a legislator
  • Cant go against party line
  • Can oversee how the bureaucracy manages policy
    endeavors
  • Has oversight function

39
The House of Lords
  • A hereditary body formerly with inherited seats
  • Can initiate or amend legislation
  • Not elected. . . Selected
  • Not a cross-section of representation
  • Appointed peers hold office
  • The inherited hereditary seat holders were
    abolished 1999
  • The law lords were made up of HC retirees, all
    appointed
  • Was considered Supreme Court of Great Britain
    until 2009

40
The House of Lords
  • Power is limited
  • Delay commons enactments up to a year . . . but
    no veto power
  • Always conservative body made up of retired
    MPs who are favored by PM

41
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43
The Cabinet
  • Secures the close union and complete fusion of
    the executive and legislative branches
  • Apex of unitary government
  • Cabinet positions are not fixed
  • Majority party dictates
  • PM needs cabinet support, not electorate.
  • Power determined by events of state
  • Goal of Cabinet
  • To maintain a good government . . . no matter
    what the posting.
  • PM must watch out for the Shadow Cabinet
  • The Minority Partys Leadership

44
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45
Parliament- Policy Making
  • Good policy is one that government finds
    acceptable to administer and publicly defend
  • Lawmaking is resource of the government.
  • Parliament averages only 85 bills per year
  • Most legislation updates old laws
  • Taxes
  • 30 of earnings-- socialism is expensive!!
  • 1/3 of workforce works for government
  • 1/2 of society on the DOLE (welfare rolls)

46
Do they really NEED one?
  • It has been suggested that the British
    Constitution can be summed up in eight words
    What the Queen in Parliament enacts is law.
  • This means that Parliament, using the power of
    the Crown, enacts law which no other body can
    challenge.
  • Parliamentary sovereignty is commonly regarded as
    the defining principle of the British
    Constitution.
  • This is the ultimate lawmaking power vested in a
    democratically elected Parliament to create or
    abolish any law.

47
  • The British unitary system is beginning to look
    like a federal system
  • Devolution towards Scotland and Northern Ireland
  • Whig initiatives.
  • More freedom for local governments
  • London mayor is now elected official.
  • Reform in House of Lords
  • Electoral reform
  • A Bill of Rights???

48
The 'new' Supreme Court (Created in 2009)
  • The Supreme Court is the same body as the old
    Law lords in a new courtroom (without their
    wigs) and no voting powers in the House of Lords
  • Powers
  • All the UK Supreme Court can do is issue a
    'statement of incompatibility' against govt.
    legislation that concerns human rights
  • They have been the final court of appeal for
    Human Rights Act (HRA) cases in the UK since
    1998, which can still be appealed further to the
    European Court of Human rights.

49
Other Changes to System??
  • For change to occur
  • Party in power has to reduce its own power
  • Is that likely?
  • Conservatism doesnt breed change. . .
  • Parliament has total sovereignty can change the
    law at any time to suit its needs. . .can that
    change?
  • EU Law can circumvent Parliament law
  • Electoral system bashes third parties . .
  • That will come next unit. . . ?

50
The Stone of Scone (or Stone of Destiny)
  • A stone placed inside the coronation chair upon
    which British monarchs are crowned
  • Scottish kings were formerly crowned on the stone
    AND it used to sit under the coronation chair in
    Londons Westminster Abbey, until Thursday,
    November 14, 1996.
  • The stone is now on display in Edinburgh Castle,
    with the intention to shuttle the stone to
    Westminster Abbey for future coronations of the
    British monarch.

51
Unless the fates be faulty grownAnd prophets
voice be vainWhereer is found this sacred
stoneThe Scottish race shall reign.
52
Traditions of the State Opening of Parliament
  • The State Opening ceremony dates from the opening
    in 1852. But parts of the ceremony can be traced
    back to even earlier times, when the monarchy and
    Parliament were on less than congenial terms.
  • The speech is read in the House of Lords because
    no monarch has set foot in the House of Commons
    since 1642, when Charles the First entered the
    Commons and tried to arrest five MPs.

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54
  • The hostage MP
  • Before the Queen travels to Parliament from
    Buckingham Palace, certain traditional
    precautions are taken. A member of the government
    is held at Buckingham Palace to guarantee the
    safe return of the monarch. The hostage is
    released upon the safe return of the Queen.
  • Searching the cellars
  • The Yeomen of the Guard search the cellars of the
    Houses of Parliament, in a tradition that dates
    back to the Gunpowder Plot of 1605, when Guy
    Fawkes was arrested while preparing to blow up
    Parliament. 
  • Black Rod
  • The official known as Black Rod is sent to the
    Commons to summon MPs to attend the speech. The
    door is at first slammed in his face and MPs do
    not reopen it until he knocks on the door with
    his staff of office. MPs then follow Black Rod
    and the Speaker to the Lords Chamber.

55
New in 2009
  • The UK added a Supreme Court in 2009
  • The judicial function of Parliament ended in
    2009, when an independent UK Supreme Court was
    established.

The Lord Chancellor and Secretary of State for
Justice Jack Straw He has made a written
ministerial statement in which  he has announced
a new structure for the Ministry of Justice.
56
The UK Supreme Court
  • The Supreme Court was established in 2009 to
    achieve a complete separation between the United
    Kingdoms senior Judges and the Upper House of
    Parliament, emphasizing the independence of the
    Law Lords and increasing the transparency between
    Parliament and the courts.
  • Courts are the final arbiter between the citizen
    and the state, and are therefore a fundamental
    pillar of the constitution.

57
Formerly Part of the House of Lords
  • In August 2009 the Justices moved out of the
    House of Lords (where they sat as the Appellate
    Committee of the House of Lords) into their own
    building on the opposite side of Parliament
    Square.
  • They sat for the first time as a Supreme Court in
    October 2009.

58
Role of the UK Supreme Court
  • The final court of appeal for all United Kingdom
    civil cases, and criminal cases from England,
    Wales and Northern Ireland
  • hears appeals on arguable points of law of
    general public importance
  • concentrates on cases of the greatest public and
    constitutional importance
  • maintains and develops the role of the highest
    court in the United Kingdom as a leader in the
    common law world

59
Impact of the Supreme Court
  • The impact of Supreme Court decisions extend far
    beyond the parties involved in any given case,
    shaping our society, and directly affecting our
    everyday lives.
  • For instance, in their first legal year, the
    Justices gave landmark rulings on
  • access to legal advice for Scottish suspects
  • the rights of gay asylum seekers
  • and the weight to be given to pre-nuptial
    agreements.

60
What major institution holds the key in Great
Britain?
  • Parliament!
  • The melding of the Executive and Legislative
    Branches

61
What major institution holds the key in China?
62
Constitution of 1982
  • The formal structure of government is based on
    the State Constitution adopted on December 4,
    1982, by the National People's Congress (NPC),
    China's highest legislative body.
  • The 1982 Constitution superseded three previous
    state constitutions--those of 1954, 1975, and
    1978.

63
Constitution of 1982
  • The 1982 Constitution is a lengthy, hybrid
    document with 138 articles. Large sections were
    adapted directly from the 1978 constitution, but
    many of its changes derive from the 1954
    constitution.
  • Specifically, the new Constitution deemphasizes
    class struggle and places top priority on
    development and on incorporating the
    contributions and interests of nonparty groups
    that can play a central role in modernization.
  • Rings with egalitarianism, but . . . .

64
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66
FrameworksChina
  • Power of State
  • Power of Party
  • Power of Army

67
Chinese Communist Party
  • The Communist Party of China (CCP or CPC) was
    founded on July 1, 1921 in Shanghai, China.
  • After 28 years of struggle founded the People's
    Republic of China in 1949.

68
The 7 Top CCP Officials in the Politiboro
Standing Committee
  • Xi Jinping - Head of China's Communist Party and
    chairman of China's Central Military Commission
  • Li Keqiang - Premier (in March)
  • Zhang Dejiang - Head of National People's
    Congress
  • Yu Zhengsheng - Head of Chinese Peoples
    Consultative Conference
  • Liu Yunshan - Head of Propaganda Department
  • Wang Qishan - Secretary of the Central Commission
    for Discipline Inspection
  • Zhang Gaoli - Executive Vice Premier

69
The Politburo Standing Committee, makes up of the
top leadership of the Communist Party in China
  • Xi Jinping SHEE jin PING (-sh as in ship, -j as
    in Jack, -i as in sit, -ng as in sing)
  • Li Keqiang LEE kuh chee-AANG (-ee as in street,
    -aa as in father, -ch as in church, -ng as in
    sing)
  • Zhang Dejiang JAANG duh jee-AANG (-j as in Jack,
    -aa as in father, -ng as in sing)
  • Zhang Gaoli JAANG gow LEE (-j as in Jack, -aa as
    in father, -ng as in sing, -ow as in now)

70
  • Wang Qishan WAANG chee SHAN (-aa as in father,
    -ng as in sing -ch as in church)
  • Liu Yunshan LYOH yuen SHAN (-ly as in million,
    -oh as in no, -ue as in French vu)
  • Yu Zhengsheng YUE jung SHUNG (-ue as in French
    vu, -j as in Jack, -u as in bun, -ng as in sing)

71
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72
ChinaExecutive Branch
  • Xi Jinping - Head of China's Communist Party and
    chairman of China's Central Military Commission
  • Li Keqiang - Premier
  • Zhang Dejiang - Head of National People's
    Congress
  • Yu Zhengsheng - Head of Chinese Peoples
    Consultative Conference

73
Xi Jinping- current roles
  • General Secretary of the CPC Central Committee
  • Chairman of the CPC Central Military Commission

74
State Council
  • The State Council (or Central Government) is the
    highest organ of Chinese executive branch.
  • Concentration of power but still needs party
    support
  • Politburo rules party, influences government

Li Keqiang Member of the Standing Committee
Premier of the State Council
75
The State Council
  • The State Council is the government of the PRC.
  • It is the highest organ of state power, and of
    state administration
  • The State Council consists of
  • Premiers, Vice-Premiers, State Councilors,
    Ministers in charge of ministries, Ministers in
    charge of commissions, Auditor-General, and the
    Secretary-General.
  • The State Councils term of office is five years.

76
Central Military Commission
  • The Constitution also established the Central
    Military Commission (CMC), a organizational body
    empowered to direct the armed forces of China.
  • The Constitution does not enumerate the duties
    and powers of this governmental unit, as it does
    with the others.
  • It does, however, establish that the CMC is
    responsible to the NPC, supporting the idea that
    the NPC is the highest organ of state power.

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78
China Executive Branch-(old) State Council
79
ChinaLegislative Branch
  • National Peoples Congress
  • The NPC is the unicameral body vested with the
    authority to establish the laws in China.
  • This is a ratifying body, not deliberating body,
    a forum for special interest groups
  • 2,987 members (largest in the world)
  • Term 5 years
  • Meets once a year
  • Unicameral
  • Function
  • Amend legislation
  • Appoints/selects President and VP of PRC with a
    caucus system format (Quanxi)

80
ChinaLegislative Branch
  • The NPC is partially composed of a permanent body
    called the Standing Committee of the National
    Peoples Congress
  • When the NPC is not in secession, the Standing
    Committees can enact amendments and additions to
    laws passed by the NPC

81
ChinaLegislative Branch
  • The Central Committee is elected by the National
    Party Congress.
  • When the National Party Congress is not in
    session, the Central Committee leads all the work
    of the Party and represents the CPC outside the
    Party.
  • It is elected for a term of five years.

82
ChinaLegislative Branch
  • Legislation is also created at more local levels
    by the peoples congresses of provinces,
    municipalities, autonomous areas and cities.
  • The Constitution provides the structure,
    authority, and duties of the Local Peoples
    Congresses

83
March 2010
opening meeting of the Third Session of the 11th
National Committee of the Chinese People's
Political Consultative Conference (CPPCC) at the
Great Hall of the People in Beijing
  • Hu Jintao (C, Front), Wu Bangguo (2nd R, Front),
    Wen Jiabao (2nd L, Front), Jia Qinglin (1st R,
    Front), Li Changchun (1st L, Front), Xi Jinping
    (2nd L, Back), Li Keqiang (2nd R, Back), He
    Guoqiang (1st L, Back) and Zhou Yongkang (1st R,
    Back)

84
China- Regional Governments
  • Standing Committees at every level the epitome
    of local control
  • Regional Governments
  • Provinces
  • Prefectures
  • County Townships
  • Production brigades
  • Production teams

85
China- Bureaucracy
  • Largest in the world
  • Chinese citizens cant hold both a political and
    government post
  • Cadres- Public officials
  • An attempt to decentralize power
  • Generally not trusted (2010 Golf Scandal)

The Premier, Wen Jiabao, called yesterday for
reforms that would allow more public scrutiny to
address the "problem of over-concentration of
power with ineffective supervision".
86
Cadres
  • The term cadre refers to a public official
    holding a responsible or managerial position,
    usually full time, in party and government.
  • The 7 May Cadre Schools were set up in late 1968,
    in accordance with Mao Zedongs directive.
  • A cadre may or may not be a member of the CCP,
    although a person in a sensitive position would
    almost certainly be a party member.

87
Great Leap Forward Movement
  • Cadres and intellectuals, "sent down" from the
    cities, would perform manual labor and undergo
    ideological reeducation.
  • Cadres would take turns to go the villages or
    grass-roots levels to gain first-hand experience
    in productive work.

One by one, the 7 May cadre schools were closed
down they ceased to exist after the Cultural
Revolution.
88
ChinaJudicial Branch
  • The judicial system of the PR consists of the
  • The Supreme Peoples Courts
  • The Higher Peoples Courts
  • The Intermediate Peoples Courts
  • The Basic Peoples Courts
  • The Basic Peoples Courts are comprised of more
    than 3,000 courts at county level, which are
    further subdivided into about 20,000 smaller
    units referred to as peoples tribunals

89
Chinas Court System
  • Strictly speaking, China's judicial system only
    refers to people's court system.
  • Generally thought to lack Rule of Law

Judges being sworn in at a court in Xian,
Shaanxi Province. Photo Reuters
http//en.chinacourt.org/
90
Role of Chinas Supreme Court
  • Trying cases that have the greatest influence in
    China, hearing appeals against the legal
    decisions of higher courts
  • Supervising the work of local courts and special
    courts at every level
  • Giving judicial explanations of the specific
    utilization of laws in the judicial process that
    must be carried out nationwide.

91
Supreme Court Terms
  • The president of the Supreme People's Court is
    elected by the NPC and remains in office for no
    more than two successive terms with each term of
    five years.
  • The deputy presidents of the Supreme People's
    Court, members of the judicial committee,
    presiding judges of affiliated courts and their
    deputies, and judicial officers are appointed and
    recalled by the Standing Committee of the NPC.

92
The Higher People's Courts
  • The Higher People's Courts are courts of
    provinces, autonomous regions and municipalities
    directly under the Central Government.
  • A higher people's court deals with cases of the
    first instance assigned by laws and decrees,
    cases of the first instance transferred from
    people's courts at the next lower level, cases of
    appeals and of protests lodged against judgments
    and orders of people's courts at the next lower
    level, and cases of protests lodged by people's
    procuratorates.

93
Higher Peoples Court Case
  • Lawyers for Apple Inc. argued for its right to
    use the iPad trademark in China on Wednesday
    March 1, as a higher court began a crucial
    hearing that could result in sales of the wildly
    popular tablet computer being halted throughout
    the Chinese mainland
  • The Higher People's Court of Guangzhou is hearing
    an appeal by the U.S. firm after a lower court
    ruled in favour of debt-laden Chinese tech
    company Proview Technology (Shenzhen), which says
    it owns the trademark in China.

http//tv.ibtimes.com/china-higher-court-hears-app
le-s-ipad-appeal/3798.html
94
The Intermediate People's Courts
  • They are the courts established in capitals or
    prefectures in the provincial level.
  • The scope of jurisdiction by an intermediate
    people's court covers cases of first instance
    assigned by laws and decrees, cases of first
    instance transferred from the basic people's
    courts, and appealed and protested cases from the
    lower court.

95
The Basic People's Courts
  • The basic courts, as the lowest level, are
    normally located at the county, municipal
    districts and autonomous counties.
  • The basic people's court adjudicates all criminal
    and civil cases of the first instance except
    where the law provides otherwise.
  • Besides trying cases, a basic people's court is
    also responsible for settling civil disputes,
    handling minor criminal cases that do not require
    formal handling, and directing the work of the
    people's mediation committees.

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What major institution holds the key in China?
  • The Party!
  • Since Mao, control of the Communist Party is key
    to maintaining control in China

98
What major institution holds the key in Mexico?
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Mexico- Central Government
  • A Federal system established like the U.S. but
    highly centralized
  • President Party POWER!
  • Coalition of interests
  • Co-optation (small group influence- related to
    patron-client)
  • crime
  • Political centralism
  • Has deep roots and a long tradition
  • Main Problem
  • The Mexican government cant run the people like
    a dictatorship and the people cant control the
    government.

101
Mexico- Federal System
  • Federal government controls 85 of revenues.
  • Mexico City spends 45 of budget
  • Muncipio Libre
  • Free autonomous local governments
  • Not really!
  • 32 states are divided by political interests.
  • PAN has garnered its support base in local
    governments

102
Mexican Presidential System
  • Powerful office with
  • Six year term (Sexenio)
  • BUT No Re-election
  • Must be 35 years old
  • Must be natural-born citizen of natural-born or
    naturalized citizens
  • The candidate cannot have held a cabinet post or
    a governorship, nor have been on active military
    duty during the six months prior to the election.
  • Priests and ministers of religious denominations
    are barred from holding public office.

103
Mexican Presidential System
  • Presidents are directly elected by a simple
    majority of registered voters in the thirty-one
    states and the Federal District.
  • The president holds the formal titles of chief of
    state, head of government, and commander in chief
    of the armed forces

104
The Mexican Presidency
  • Critics have pejoratively labeled the presidency
    the "six-year monarchy" because of the seemingly
    unchecked power that historically has resided in
    the office.
  • There is NO vice-president
  • Much of the aura of presidential power derives
    from the president's direct and unchallenged
    control over both the state apparatus and the
    ruling political party, the PRI.

105
Power of the Mexican President
  • Constitutional powers
  • His veto cannot be overridden!
  • President initiates, vetoes and decrees
    legislation
  • System restricts his changes
  • Pendulum politics (i.e. Portillos
    nationalization of banks in 1982)
  • National Consultative Committee
  • Made up of all ex-presidents

Enrique Peña Nieto
http//www.youtube.com/watch?vYobJc5cnk68
106
Mexico- Executive Branch
  • President handpicks cabinet
  • 20 members
  • Ministry of Government most powerful
  • President selects successor
  • El Tapado (The Hidden One) from small pool of
    cabinet officers until Vicente FOX was elected in
    2000.
  • Did Vicente Fox select one in 2006?
  • Felipe Calderon in 2012??

107
Mexican Patron-Client Relationship
  • Mexican president is the supreme client of the
    client-patron system
  • It follows the camarilla (political clique) who
    vie for presidential power
  • Cabinet positions conciliates the losers
  • Loyalty to office but not similar ideology

108
Mexican Bureaucracy
  • Very Powerful institution in Mexico
  • PRI influenced in past and even today
  • Controls municipalities/cities
  • Uses Mordida and the spoils system
  • The PRI bureaucrats also used the Three Pillars
    of Society to control the government by dividing
    the power and then uniting and merging the
    factions
  • Major parts of PRI
  • Campesinos (farmer or land worker)
  • Peasants -- Drunk with Revolutionary fervor
  • Land reform -- National Peasant Confederation
    (CNC interest group)
  • Labor/labor unions
  • Military

109
Mexican Bureaucracy
  • The Mexican Bureaucracy has to deal with poverty
    and debt
  • Oil ( since the 1970s) makes money and also
    expectations
  • PEMEX oil company largest
  • Economy is concentrated in a few key areas
  • Presidential success the economy is now tied
    together!
  • Free trade status important-NAFTA

110
Mexican Legislature
  • A bicameral system that was updated by
    Constitutional changes in 1993
  • Senate-128 members- 6-year terms
  • 96 elected in state lists 32 by PR
  • Chamber of Deputies 500 members with a 3 year
    term.
  • 300 Direct-election seats 200 by PR
  • Both bodies used to be PRI controlled but now
    filled with both PDR and PAN legislators.
  • The changes meant more seats for oppositional
    parties
  • Senate at least 1/3 for non-PRI seats
  • Chamber of Deputies no party will earn more than
    300 of the 500 seats

111
Mexican Legislature
  • Term limits
  • No consecutive re-election to legislative seats
  • Function of Institution was originally used to
    Legitimize the Presidency
  • A symbol to the people that the government will
    be responsible.
  • BUT 80 of Presidents legislation was passed
    pre-2000.
  • BUT this has changed since 2000 and Fox and
    Calderon have experienced a non-conformist
    legislature.

112
Fox News Latino January 2012
  • Mexican lawmakers said they would formally
    complain to the attorney general's office Tuesday
    after finding hidden microphones believed to have
    been used to spy on the lower house of Congress.
  • The listening devices were found "in quite a lot
    of offices, listening to and checking the
    activities of lawmakers," said Armando Rios
    Piter, president of the house's political
    coordination committee, on Televisa channel.
  • It was unclear who was responsible but lawmakers
    would release further information when possible,
    a statement from the lower chamber said.

113
Mexicos Judicial Branch
  • The judicial branch of the Mexican government is
    divided into federal and state systems.
  • Mexico's highest court is the Supreme Court of
    Justice, located in Mexico City.
  • It consists of twenty-one magistrates and five
    auxiliary judges, all appointed by the president
    and confirmed by the Senate or the Permanent
    Committee.
  • Mexican supreme court justices must be Mexican
    citizens by birth, thirty-five to sixty-five
    years old, and must have resided in Mexico and
    held a law degree during the five years preceding
    their nomination.

114
Mexican Judicial System
  • Spanish law with a sprinkling of U.S. common law
  • Court system is elaborate
  • Supreme Court
  • 21 Justices
  • 4 Chambers
  • Highly politicized!!
  • Corruption has always infiltrated the system
  • Drug trade pays off in many cases

115
What major institution holds the key in Mexico?
  • Political Parties AND The Executive Branch
  • Since 1917, control of Mexico was linked to
    political party
  • PRI 1917-2000
  • 2000 and beyond
  • Uncertainty

116
What major institution holds the key in Iran?
117
What major institution holds the key in Iran?
  • Islamic Law!!!
  • The delicate melding of a theocracy and a
    democracy

118
An Islamic Republic
  • Iran is a constitutional Islamic republic with a
    theocratic system of government where ultimate
    political authority is vested in a learned
    religious scholar, the Supreme Leader.
  • Shia Islam is the official religion of Iran, and
    Islamic law is the basis of the authority of the
    state.
  • The Iranian Constitution guarantees freedom of
    worship to Jews, Christians and Zoroastrians,
    though they are sometimes the subject of
    discrimination and repression.

119
Iran A Theocratic Democracy
  • Theocracy versus Democracy
  • A theocracy needs a belief system intact
  • A democracy believes in co-existence between
    diverse groups.
  • Democracies think anybody can become an elite
  • Theocracies promote religious elites.
  • Iranian sovereignty needs both democratic ideals
    and theocratic conformity
  • An intense complicated relationship!

120
Iranian Institutions
  • A mixture of Persian culture and Islams plethora
    of assemblies
  • Many parallel organizations Political and
    religious centered.
  • Clerics and Revolutionary Guard watches the army
    and vice versa.
  • So who rules?
  • That depends on what the decision is and the
    timing

121
  • http//news.bbc.co.uk/2/shared/spl/hi/middle_east/
    03/iran_power/html/default.stm

122
Executive Branch
  • President
  • A universally elected office holder.
  • He needs a majority vote
  • Term four year with two term limit
  • Powers
  • Selects cabinet members
  • Presents legislation
  • But shares rule with Supreme Leader

123
Iranian Supreme Leader
  • Chosen by the Assembly of Religious Experts.
  • Trustee of community
  • Ensures that all laws conform to Islam.
  • Can overrule and dismiss President
  • Appoints head of judiciary and ½ of the members
    of the Guardian Council
  • Names top military commanders.
  • Once, the highest ranking cleric, today and
    established member of the clergy.

124
Sowhos in Charge??
125
The Guardian Council
  • 12 member council (6-yr term) that can veto
    legislation when it runs counter to Islamic
    dogma.
  • Theoretically, an upper house of parliament.
  • Screens all political candidates.
  • Composition
  • Six clerics and six lawyers who are selected by
    judiciary w/ approval by Parliament

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Assembly of Religious Experts
  • Popularly elected but must possess cleric
    pedigree.
  • Composed by 86 men who drafted 1979 Iranian
    Constitution.
  • Evaluates performance of Supreme Leader

128
Expediency Council
  • Purpose
  • Maintain the public interest (maslahat) of the
    state.
  • Serves as an advisory body to the Supreme Leader,
    making it one of the most powerful governing
    bodies in the country.
  • Institution created in 1988
  • 32 political personalities who resolve disputes .
  • A co-democratic, co-theological body.
  • 3 year term
  • Comprised of
  • 3 government leaders
  • 6 Guardians
  • 23 Supreme Leader appointees
  • Has the authority to mediate disputes between
    Majles and the Council of Guardians

129
Iranian Legislative Branch
  • Majles- Islamic Consultative Assembly
  • 290 deputies
  • Unicameral
  • Four year term by direct and secret ballot.
  • Feisty political arena that has taken on a
    non-clerical representation
  • Purpose is to make statutes, not sharia.
  • Investigative body-
  • Selects 6 of 12 members of Guardian Council.
  • Can remove cabinet members w/ vote of no
    confidence. . .except President!!

130
Iranian Judicial Branch
  • Conservative body
  • Institutes censorship
  • Supreme Leader appoints head of judiciary
  • A cleric
  • Clerics interpret law
  • Sharia is dominant.
  • Penal Code
  • Retribution law
  • But state interests have intervened to temper
    zealous judicial clerics.
  • Imprisonment has replaced corporal punishment as
    sentencing of choice.
  • Hezbollahs and Bazaaris establish vigilante
    justice

131
Iranian Bureaucracy
  • Controlled by president
  • Nationalized industry, including oil.
  • Learning Islam is a way into the budgetary
    coffers.
  • Senior ministries are dominated by clerics

132
2008-09 Budget
  • Iran's parliament has approved a bigger budget
    for 2008-09 totaling the equivalent of 310
    billion, despite fears this will further stoke
    inflation in OPEC's second biggest producer.

Each US dollar has been calculated at 9,095
rials.
133
Iranian Military
  • The Iranian military is a Pahlavi institution
    (named for the Shah)
  • The Supreme Leader dictates this group.
  • Revolutionary Guards keep a close eye and
    protects the Republic
  • The Iranian military protects the borders
  • A strange relationship!

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The Revolutionary Guard
  • The Iranian Revolutionary Guard was formed in May
    1979, almost immediately after the revolution
  • It was set up by the then Supreme Leader
    Ayatollah Khomeini to be the guardian of the
    revolution.
  • The Revolutionary Guard was supposed to be a
    people's army and was supposed to mobilize the
    people of Iran in front of any foreign attacks to
    Iran.
  • Now the Revolutionary Guard is something like a
    political party
  • Have 80 seats in the parliament
  • Have more than half of the members of the
    cabinet.
  • Like the KGB because they have secret services
  • Like a cartel or trust.

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What major institution holds the key in Nigeria?
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Religious Demography and Diversity
  • Religion has always played a major role in
    Nigerian society, where there is a strong
    relation between ethnic and religious identity.
  • Muslims account for nearly 50 percent of the
    population.
  • Approximately 40 percent of Nigerians are
    Christians
  • The remaining 10 percent practice indigenous
    beliefs

143
Religious Demography and Diversity
  • Islam largely dominates the country's northern
    region, home of the Hausa and Fulani ethnic
    groups.
  • Christianity is the prevalent religion in the
    south among the Yoruba and Igbo tribes, although
    the southwesterly Yorubaland contains a more
    diverse group of religions.
  • The mid-section of Nigeria remains mostly
    neutral, with neither religion a majority.

144
Nigerian Institutions
  • An excellent model of presidentialism, be it a
    military leader (or an occasional
    democratic-elected leader).
  • Legislatures often discarded by military leaders.
  • Once a parliamentary system following the GBs
    unitary ways
  • Now a federal system following the U.S.s
    presidential model
  • It is now the Fourth Republic derived from the
    ethnic hierarchies prevalent through out Nigeria.

145
The Executive
  • North has dominated Executive branch since the
    end of colonial period
  • Ethnic Pluralism has hampered central
    presidential rule
  • Creating Presidential Zones (zoning out) has been
    offered as an alternative but rent-seeking
    might interfere
  • Politicians seek personal gain from powerful
    positions.

146
The President
  • Popularly elected head of state and government
  • Protector of Last Resort
  • Also commander in chief.
  • Term 4 yrs w/ two term limit.
  • Functions
  • Ceremonial and Administrative
  • Appoints ministers (w/ Senate confirmation) but
    must represent all 36 states.
  • Federal Executive Committee
  • Ensures all laws are enacted nationwide

147
President / Head Of State Duration Of Term
  • Alhaji Abubakar Tafawa Balewa 1960 - 1966
  • Chief Benjamin Nnamdi Azikiwe October 1, 1963
    January 16, 1966
  • Major General Johnson Thomas Umunnakwe Aguiyi
    Ironsi January 16, 1966 July 29, 1966
  • General Yakubu Gowon August 1, 1966 July 29,
    1975
  • General Murtala Ramat Mohammed July 29, 1975
    February 13, 1976
  • General Olusegun Aremu Okikiola Matthew Obasanjo
    February 13, 1976 October 1, 1979
  • Shehu Usman Aliyu Shagari October 1, 1979
    December 31, 1983
  • Major-General Muhammadu Buhari December 31, 1983
    August 27, 1985

148
President / Head Of State Duration Of Term
  • General Ibrahim Badamasi Babangida August 27,
    1985 August 27, 1993
  • Chief Ernest Adegunle Oladeinde Shonekan August
    26, 1993 November 17, 1993
  • General Sani Abacha November 17, 1993 June 8,
    1998
  • General Abdulsalami Alhaji Abubakar (rtd.) June
    9, 1998 May 29, 1999
  • General (rtd.) Olusegun Aremu Okikiola Matthew
    Obasanjo May 29, 1999 May 29, 2007
  • Umaru Musa Yar'Adua 29 May 2007 May 2010
  • Goodluck Jonathan May 2010-present

149
The 6 Nigerian Geopolitical Zones
  • North-Central
  • Benue, Kogi, Kwara, Nasarawa, Niger, Plateau, and
    Federal Capital Territory, Abuja.
  • North-Eastern
  • Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe.
  • North-Western
  • Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and
    Zamfara.
  • South-Eastern
  • Abia, Anambra, Ebonyi, Enugu, and Imo.
  • South-South
  • Akwa Ibom, Bayelsa, Cross River, Delta, Edo and
    Rivers.
  • South-Western
  • Ekiti, Lagos, Ogun, Ondo, Osun and Oyo.

150
Power of the North-Central and North West Zones
  • The North-Central Zone
  • Generals Yakubu Gowon
  • General Ibrahim Babangida
  • General Abdusalam Abubakar
  • North-West Zone
  • General Murtala Mohammed
  • General Muhammadu Buhari
  • General Sani Abacha
  • General Alhaji Shehu Shagari
  • President Umaru Musa Yar'Adua.

151
Proposed Constitutional Rotation of Offices
  • The following 6 offices shall rotate among the
    six geo-political zones
  • The office of the President
  • The office of the Vice President
  • The office of the Prime Minister
  • The office of the Deputy Prime Minister
  • The office of the President of the Senate
  • The office of the Speaker of the House of
    Representatives.
  • Had the above provisions been incorporated in the
    1999 Constitution, two of the six geopolitical
    zones would already have produced a President of
    Nigeria and a third zone would have been looking
    forward to producing the President in the next
    dispensation.
  • The present controversy or argument as to which
    geopolitical zone or group of geopolitical zones
    or region should present the President would have
    been more manageable.

152
The Executive
  • Under Nigerias federal system, states receive
    large shares of the nations oil revenues and
    have budgets rivaling those of other African
    nations.
  • Those budgets can prove to be tempting targets
    for graft in Nigeria, a West African nation
    consistently ranked as having one of the most
    corrupt governments in the world

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President Jonathan dealing with terrorists in
January 2012
  • President Goodluck Jonathan made a trip to Kano
    following the devastating bomb attacks by Boko
    Haram, which left more than 150 people dead.
  • He went to the military hospital and also met the
    Emir of Kano and promised to defeat the
    perpetrators of the attacks on the city.
  • The militant Islamist group says it was
    responsible for the attack.

http//www.bbc.co.uk/news/world-africa-16673548
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Nigerian Legislature- The National Assembly
  • National Assembly is bicameral (U.S. model)
  • Senate 109 3 per state 1 Fed Cap
  • House 360 reps
  • Male dominated body
  • Both Popularly elected w/ 4 yr terms
  • It approves the budget
  • It can invoke impeachment proceedings.
  • Passes laws w/ assistance from President
  • Not a divided government
  • President is patron of the Executive Branch, who
    disperses the budget.

(This body is seeking legitimacy and a purpose !)
158
Nigerian Judicial Branch
  • Hierarchy of courts with Supreme Court at the top
  • Follows British model.
  • Common law courts AND Sharia courts
  • Problems
  • Political appointees can rob the judiciary of its
    independence.
  • Military tribunals have circumvented the legal
    process, belittling the concept of rule of law.

159
Nigerian Military
  • An intimidating national force.
  • Six of 13 rulers have been Generals
  • A great deal of ethnic based patronage, pacifies
    the pluralism.
  • Almost more effective than political parties in
    gaining support.
  • Been involved recently in peacekeeping operations
    in and around Africa.
  • Is it the only institution that works?

160
What major institution holds the key in Nigeria?
  • The Military!!!

161
What major institution holds the key in Russia?
162
What major institution holds the key in Russia?
  • The Executive!!
  • FYI, as in most authoritarian societies
    controlling the Military is key to maintaining
    control in Russia

163
Executive Branch
  • FEDERAL system created in 1991
  • Really a Unitary system with a federal title
  • Original the constitution provided dual
    leadership between the Federal Assembly and the
    President.
  • Like France, Russias government has a prime
    minister who is selected by the president to rule
    the Federal Assembly.

164
Executive Branch
  • The winning candidate requires an absolute
    majority of the total vote.
  • If no candidate secures this majority in the
    first-round ballot, then a second-round run off
    election must be held three weeks later in which
    the only contestants are the two front-running
    candidates in the first round.
  • The first President of Russia, Boris N. Yeltsin
    was elected on June 12, 1991, by the nation-wide
    vote, and on July 10 was inducted into office.
  • In 2000, Vladimir Putin, was elected by the
    nation-wide vote and was sworn in again on May
    7, 2004.

165
President of Russia Terms and Qualifications
  • Originally limited to two 4-year terms
  • Now limited to two 6-year terms
  • A candidate for president must be a citizen of
    Russia, at least thirty-five years of age, and a
    resident of the country for at least ten years.
  • If a president becomes unable to continue in
    office because of health problems, resignation,
    impeachment, or death, a presidential election is
    to be held not more than three months later.
  • In such a situation, the Federation Council is
    empowered to set the election date.

http//www.russiavotes.org/president/presidency_el
ectoral_system.php
http//rt.com/politics/russia-nominates-presidenti
al-candidate-303/
166
Executive Branch
  • President -- supported by strong military
  • Government requires the confidence of the
    Parliament/Duma
  • President appoints Prime Minister w/ approval of
    Duma.
  • If Duma doesnt approve after 3 attempts
  • Dissolve Duma and hold new elections.

http//rt.com/politics/official-word/putin-q-and-a
-annual-session-785/
167
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