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Mohammad AlauddinMSS in Government and PoliticsMPA in Governance and Public Policy

Deputy Secretarymohammad_alauddin@yahoo.com

CSC Dhaka February 22, 2010

Welcome to the Presentation

Forms of Government-2

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Forms Of Government

Unitary Government Federal Government Parliamentary Government Presidential Government Conclusion

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Unitary GovernmentA unitary government is one in which the central or national government is supreme, possessing complete governmental power. No spheres of government action are assigned by the constitution to smaller units of governments, such as states or provinces, in a unitary state the central government may, and usually does, delegate many duties to local or regional units. However, this authority is delegated by an ordinary statute enacted by the national legislature –not by constitution-and it may be withdrawn as quickly as it was granted.

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Unitary Government

According Dr. FinerDr. Finer, “Unitary government is one in which all authority and power are lodged in a single centre whose will and agents are legally omnipotent over the whole area”. DiceyDicey says, “Unitary government is the habitual exercise of supreme legislative authority by one central power”. According to Prof. WilloughbyProf. Willoughby, “In unitary government all the powers of government are conferred in the first instance upon a single central government and that government is left in complete freedom to effect such a distribution of these powers, territorially as in its opinion is wise.

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Unitary Government

In the unitary system all the powers of government are concentrated in a single set of authorities, so that the entire force of the government can be brought to bear upon the problem of administration. Now-a-days unitary government is seen in United Kingdom, Japan, Belgium, Holland, France and Italy. In Bangladesh form of government is unitary as all the legislative, executive and judicial powers are vested in a single set of authorities.

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Unitary Government: Advantages

Strong government. Best adapted to small states. Uniformity of law and administration. Less expensive. Prompt decision. Single citizenship More flexible.

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Unitary Government: Disadvantages

Apprehension of the central government becoming despotic.

The central government becomes overburdened with work.

Lack of local autonomy. Tend to develop centralized

bureaucracy. Not suited to a state of large size. The people do not get much political

education in unitary government as they get in federal government.

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Federal Government

A federal government is a system of government in which powers are divided and distributed between the national government and constituent units (states, provinces, republics, regions or cantons). Such a division of powers is specified in the constitution. Although the constitution can be amended, the amending procedure is invariably more difficult than enactment of ordinary laws.

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How Federations are Formed?

Federations are formed in a country where there are many free states and they do not want to give all powers to the centre, but instead want to keep some powers with them and for the central unity and common defence want to give some power to the centre. In this way, the federation of the United States of America was formed. Sometimes it so happen that the central government wants to give autonomy to the provinces. In this way, unitary government is converted into a federal government, as happened in Canada.

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Federal Government: FeaturesA precise distribution of powers between the centre and the statesDistribution of powers between the centre and constituent units is indispensable for the existence of federal government. For administrative efficiency, the central government grants autonomy to provincial governments. In general, the principle is followed that affairs of common interest which require uniformity of regulation are placed under the control of the central government, while matters that are of local concern or that require different treatment in different sections of the country are left to the local units.

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Federal Government: Features

Supremacy of the ConstitutionIn order to make a clear division of powers between the centre and the units, a written constitution is indispensable. The centre and the units have full faith in the constitution which is considered as the highest law of the land and any act violating the constitution is declared illegal. Although the constitution can be amended, the amending procedure is invariably more difficult than the enactment of ordinary laws.

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Federal Government: Features

Supremacy of JudiciaryThere is a duel government in a federation. The question of where the final authority lies to decide whether or not the two systems of government are keeping within their constitutional powers is fundamental in a federal system. In some federations, such as Switzerland, the constitution is placed under the guardianship of the national legislature, whose decision is final in case of dispute between the central and local authorities.

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Federal Government: Features

In this state legislative supremacy exists. In others, such as the United States and India, the highest national court decides disputes in order to maintain the constitutional balance of power between central and local governments. In these states judicial supremacy exists. The judgments of the highest national court are binding on both the centre and the states as final.

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Conditions For Federation

Geographical contiguity Absence of marked inequality Adequate economic resources Similarity of social and political

institutions National feelings Political education

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Federal Government: Advantages

Reconciliation of local autonomy with national unity.

Division of powers between the centre and states leads to administrative efficiency.

Gives rise to big states. Distribution of powers checks the despotism

of the central government. Advantageous to the smaller states. Good for economic and cultural progress.

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Federal Government: Disadvantages

Lack of uniformity in administration. Distribution of powers leads to many

conflicts. Double citizenship. Sometimes state governments place

hindrance to foreign policy of the centre. Constitution, being rigid, cannot be

adjusted to the fast changing conditions. Provincial tendencies are very acute.

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Federation & Confederation

Federations should not be confused with confederations which are essentially alliances between several sovereign states to agree to adopt certain similar procedures and policies. The European Union is at the moment a confederation. If it set up a central executive with some sovereign powers over member states, it would become a federation.

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Distinction Between Unitary & Federal Form Government

Points of Distinction

Unitary Federal

Distribution of Powers

No constitutional No constitutional division of powers division of powers between the centre between the centre and the states.and the states.

Division of powers is specified in the constitution.

Constitutional Status

The provinces act as agents of the centre.

The centre and states have equal status.

Position of Judiciary

The position of the Supreme Court is not so important

The Supreme Court decides the disputes between the centre and the states.

Citizenship Single citizenship. Generally there is dual citizenship.

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Distinction Between Unitary & Federal Form Government

Points of Distinction

Unitary Federal

Law Citizens have to follows laws of only one authority.

Citizens have to follow double laws.

Dual and Single Polity

Single set of authority Separate cabinets and legislatures in the centre and in the provinces.

Amendments in the Constitution

Amendments process is not that much difficult.

Amendments process is much difficult.

Alternation in the Boundaries

Parliament has the absolute right of altering the boundaries.

No right to make alteration in the boundaries.

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Parliamentary Government

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Parliamentary Government

Based on the relationship between the executive and the legislature modern governments are classified into parliamentaryparliamentary and presidential governments. Parliamentary government is that form of government in which the real executive, consisting of a prime minister and cabinet, is legally responsible to the legislature for its acts. A parliamentary government is also called cabinet government, because the cabinet enjoys the real powers of the government.

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Parliamentary Government

There is sharp distinction between a Cabinet and a Council of MinistersCouncil of Ministers. Council of Ministers is a large body consisting of the Prime Minister and all Ministers including the State Ministers and Deputy Ministers. Cabinet Cabinet is a small body headed by the Prime Minister. All members of the Council of Ministers are not members of the Cabinet. Generally full-fledged Ministers are included in the Cabinet. The Cabinet virtually controls Parliament and the Cabinet really runs the show in the executive and legislative branches.

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Parliamentary Government

The cabinet system originated in England and has attained there its greatest development and its most satisfactory results. It was adopted ,with some modifications, by most of the states of Europe, and it appeared in most of the constitutions that were created after the First World War. After independence both India and Bangladesh adopted parliamentary form, of government.

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Parliamentary Government

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Parliamentary Government: Characteristics

The executive is divided into two two parts-parts-‘ceremonial’ and ‘effective’ which has been termed by Bagehot as the ‘dignified’ part of government. The real executive power is vested with the efficient part, namely the cabinet, whereas the dignified part of the executive is merely ceremonial with no real power.

The parliamentary system calls for strict strict neutralityneutrality of the ‘dignified’ part of the government so that it can mediate, intervene, though discreetly, in case of conflict between the executive and the legislature.

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Parliamentary Government: Characteristics

There is no fixed tenure for the executivefixed tenure for the executive as he can remain in power as long as he commands the daily confidence of the legislature.

In a situation when there is a deadlock between the executive and the legislature, the chief executive or head of the state have the right to dissolve the legislaturedissolve the legislature so as to enable him to arrange fresh elections and seek fresh mandate from the voters.

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Parliamentary Government: Characteristics

An important feature of a parliamentary executive is the fusion of executivefusion of executive and legislature. Ministers are usually Members of Parliament. The cabinet is in a sense a committee of the legislature.

The Cabinet is collectively responsiblecollectively responsible to the Parliament. It means that once a decision is taken by the Cabinet, it becomes the responsibility of each minister to support it in and outside the Parliament, despite the fact that he did not agree to it in the Cabinet meeting.

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LEGISLATURE

House of Commons(Lower House)

House of Lords

(Upper House)

LordLordChancellorChancellor

PrivyPrivyCouncilCouncil

CABINET

JUDICIARYSupreme Court of Judicature

INFERIOR COURTS

Justicesof the Peace

EXECUTIVECivil Service

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Parliamentary Government: Characteristics

Whereas the Ministers are collectively responsible to the Parliament, they are also responsible individuallyresponsible individually for their respective departments. The Members of the Parliament can put questions to Minister and also criticize his department. The Minister can tender resignation, if he so desires. The main characteristic of Parliamentary government is the leadership of the Prime leadership of the Prime MinisterMinister. He is the leader of the House and Head of the State appoints Ministers on his advice.

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Presidential System

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Presidential System

The term presidential has been chosen because in this system the offices of head of government and Head of State are combined in a President. In this system the President enjoys real powers of the government. He is independent of the legislature as to his tenure and, to a large extent, as to his policies and acts. It is the general principle that the tenure and prerogatives of the executive are established by the constitution.

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Presidential System: CharacteristicsThere is a separation of powers in the

Presidential system. In this system the executive and legislature are separate from each other.

The President is the Head of the state as well as the government.

In presidential systems the President appoints Secretaries (sometimes called Ministers) who are heads of his Executive Departments and are his subordinates. The secretaries help the President in administration and it is upon the will of the President to accept or reject their advice.

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Presidential System: Characteristics

The President and his secretaries are not responsible to the legislature. The legislature can not remove through a vote of no confidence. The President and his secretaries are not the members of the legislature and they do not attend its sessions.

The President is elected for a fixed tenure and except for the violation of the constitutionconstitution he cannot be removed from his office before the expiry of his term.

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Presidential System: Characteristics

The executive is directly responsible to the electorate. The presidential is dependent on a popular vote and the President alone (and Vice –President if there is one), of all persons in the political system, is elected by the whole body of electors.

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Conclusion

It should be noted that the classification of government on the basis of functional separation into presidential and parliamentary types, and on the basis of territorial division into unitary and federal types, is a cross classification. In a unitary state the central government, created by the constitution, may be either of the presidential type, as in certain Latin American states, or of parliamentary type, as in Great Britain and France.

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Conclusion

The local subdivisions in a unitary state will have whichever type the central government creates for them or permits them to create. In a federal state the central government, created by the constitution, may be either of the presidential type as in the United States, or of the parliamentary type, as in Canada. The subdivisions of a federal state may adopt whichever type they prefer unless there are legal restrictions in the national constitution which prevent.

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Q & A

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References

Agrawal, R. C.(2005), Political TheoryPolitical Theory, New Delhi: Chand & Company Ltd.Axford, B. et al eds. (2002) Politics: An Introduction London and New York :Rouletedge.