10 responsible and independent gov 8 (6)

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10 responsible and independent gov 8 (6)

  1. 1. RESPONSIBLE GOVERNMENT V INDEPENDENT GOVERNMENT
  2. 2. RESPONSIBLE GOVERNMENT • There is no strict separation between executive & legislative branch of government. The executive must come from the legislative branch. The Government is an integral part of Parliament. Examples are UK & Malaysia.
  3. 3. INDEPENDENT GOVERNMENT • There is clear separation between executive & legislative branch of government. The executive cannot be members of the legislative branch. Example is the United States of America. Each branch of the government – executive, legislative & judiciary are independent & provide the check & balances to each other.
  4. 4. DISTINCTION RESPONSIBLE GOV 1. Separation of Powers No strict separation between executive & legislative branch of gov. In M’sia, Art 43(2) requires the PM to belong to the Dewan Rakyat & other cabinet ministers to belong to either House. The motive force of the Constitution is a conjunction & not INDEPENDENT GOV 1. Separation of Powers Clear separation between executive & legislative branch of gov. In the US, the President & his Cabinet are not & cannot be part of the Congress. There is strict institutional separation between executive & Parliament.
  5. 5. DISTINCTION RESPONSIBLE GOV 2. Accountability to Parliament Executive part of parliament & answerable to Parliament for their actions. Questions can be asked by the MP’s. In M’sia, the gov. is required by Art 43(3) to be collectively responsible to Parliament during debates & the daily question & answer INDEPENDENT GOV 2. Accountability to Congress In the US, the gov. is separate from & independent of the legislature. The President’s advisors do not participate in congressional debates but conventionally they appear before congressional committees to explain policies & programmes.
  6. 6. DISTINCTION RESPONSIBLE GOV 3. Divided Government INDEPENDENT GOV 3. Divided Government In a parliamentary system, the Government must enjoy the confidence of the lower House as a precondition of its accession to & continuation in power. In the US, a ‘divided government’ is a distinct possibility with one party controlling the Congress & another occupying the White House. Example: President Clinton was a Democrat, both Houses of Congress were controlled by the Republicans. President George Bush is a Republican. Both
  7. 7. DISTINCTION RESPONSIBLE GOV INDEPENDENT GOV 4. Cabinet Appointments 4. Cabinet Appointments PM must appoint his cabinet members from the MPs of Dewan Rakyat or Dewan Negara. However, the PM can recruit distinguished outsiders by appointing them to the Senate as a prelude to a The US President can appoint anyone as members of his cabinet as long as they are not members of the US Congress (The US Senate & US House of Representatives)
  8. 8. DISTINCTION RESPONSIBLE GOV 5. Security of Tenure INDEPENDENT GOV 5. Security of Tenure In M’sia, Art 43(4), the PM & his gov may be voted out of office. Alternatively the PM’s majority may disappear his supporters ‘cross the floor’ to join the opposition. Example –Datuk The American President has security of tenure. He is elected for four years & the terms is guaranteed. Pairin Kitigan in Sabah in early 90s. The bane of party-hopping & votes of no-confidence produce much instability in
  9. 9. DISTINCTION RESPONSIBLE GOV 6. Number of Terms No limits place of term of office of PM. They can remain as long as they continue winning the general election. Examples – Tun Dr Mahathir was the PM for over 22 years, Lee Kuan Yew of Singapore was in the office for 3 decades. Jawaharlal Nehru & Indira Gandhi of India & Margaret Thatcher of the UK led their nations for 13 to 15 years. Such lengthy tenures provide continuity of leadership but INDEPENDENT GOV 6. Number of Terms Limits are placed on the term of office of the US President. A person elected as US President can only serve the maximum of 2 terms of 4 years each.
  10. 10. RESPONSIBLE DISTINCTION GOV INDEPENDENT GOV 7. Maintaining Confidence 7. Maintaining Confidence PM & his cabinet may be removed from office by a vote of no confidence at the Dewan Rakyat [Article 43(4)]. In Malaysia, no PM has ever been removed by a vote of no confidence. At the state level, US President & his cabinet cannot be removed by a vote of no confidence by Congress. The US President can only be removed by Impeachment Process (in the lower House) & conviction by a 2/3 majority Stephen Kalong Ningkan in Sarawak (in the upper House). President in 1996, Dato’ Hj Harun Idris in Selangor in 1976 & Dato’ Hj Nasir in Kelantan in 1977 were the victims of Andrew Johnson was impeached in 1868 but escaped conviction by one vote. Impeachment proceedings
  11. 11. DISTINCTION RESPONSIBLE GOV 8. Split Executive Head of State & Head of Government is not the same person. In Malaysia, Head of State is the YDPA while the Head of Government is the PM. The existence of ‘split executive’ is a potential safeguard against abuse of power by the political executive. But also a source of conflict. Example: the dismissals of PM Gough Whitlam by GovernorGeneral Sir John Kerr in Australia & of Benazir Bhuto & Nawaz Sharif INDEPENDENT GOV 8. Split Executive Head of State & Head of Government is the same person. In the US, the President is both the Head of State & Head of Government.
  12. 12. DISTINCTION RESPONSIBLE GOV INDEPENDENT GOV 9. Members of 9. Members of Parliament Congress The PM & the majority controlling the Dewan Rakyat comes from the same political party. The US President & the majority controlling the US Congress may not come from the same party. Example during most of President Clinton’s presidency, the US Congress was controlled by the Republicans while the
  13. 13. DISTINCTION RESPONSIBLE GOV 10. Popular Mandate The INDEPENDENT GOV 10. Popular Mandate The American President is elected by the entire nation. parliamentary government, the PM is not popularly elected. The PM is an ordinary MP elected to represent a parliamentary constituency. His appointment by YDPA under Art 43(2) on the ground he & Note: Direct election system – voters directly cast ballots for the person.
  14. 14. DISTINCTION RESPONSIBLE GOV 11.Executivelegislative Cooperation INDEPENDENT GOV 11.Executive-legislative Cooperation Cooperation between US President & the Congress not Cooperation between the Executive & Legislative are ensured because they may ensured as they come from come from different political parties. Sometimes this can lead the same political party. to deadlocks that can cripple the This ensures strong & running of the Government. effective government. Downside, the executive Example in Oct 1990 there was dominates fiscal & legislative temporary paralysis in the Bush matters to such an extent that government because of failure to many commentators suggest that secure the passage of the
  15. 15. DISTINCTION RESPONSIBLE GOV INDEPENDENT GOV 12. Dissolution of Parliament 12. Dissolution of US Congress The PM can at any time request to the YDPA to dissolve Parliament in order to hold general elections. US President cannot dissolve US Congress even in times of war or emergency. Note: Congress has constitutional power to declare war, raise &
  16. 16. DISTINCTION RESPONSIBLE GOV INDEPENDENT GOV 13. Positive 13. Positive Feature Feature It produces an effective It produces strong & check & balance between effective government. organs of state. Legislative cooperation Power checks power. between government & parliament is assured with a stable majority in the lower House.
  17. 17. DISTINCTION RESPONSIBLE GOV INDEPENDENT GOV 14. Drawback (-ve) 13. Drawback (-ve) The executive tends to ‘capture’/control the legislative process. Debates & motions by MPs not effective, the executive has its way. Ministerial responsibility to Parliament is more It leads to constant clashes between the executive & the legislature. The delays & stalemates, the gridlocks & deadlocks often cripple the machinery of government.
  18. 18. Impeachment Proceedings • ‘The President, Vice President and all civil Officers of the United States, shall be removed from Office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.’ (Article II, Section 4, US Constitution)
  19. 19. Impeachment Proceedings 1. House of Representatives • Issue an impeachment resolution against the President • Submits it to the Judicial Committee of the House 2. Judicial Committee of the House  Considers whether it merits referral to the whole House for voting on starting a formal impeachment inquiry.
  20. 20. Impeachment Proceedings 3. House of Representatives • Vote for or against inquiry (simple majority) 4. Judicial Committee of the House    Conducts investigation to determine whether there is enough evidence to impeach the President. Draft articles of impeachment based on the evidence. Vote on each article to determine whether it should be brought before the whole House.
  21. 21. Impeachment Proceedings 5. House of Representatives • Vote on whether the articles merit a trial in the Senate (simple majority) • If approval for any of the articles, President technically impeached and matter referred to Senate. • Appoint members to act as prosecutors. 6. Senate    Conducts investigation to determine whether there is enough evidence to impeach the President. Draft articles of impeachment based on the evidence. Vote on each article to determine whether it should be brought before the whole House.
  22. 22. IMPEACHMENT PROCEEDINGS In the US History • President Andrew Johnson (17th President) appointed after President Lincoln’s assassination in 1865. • Due to the removal of the Secretary of War, E.M. Stanton which was against the Tenure of Office Act (requiring consent of Senate before President can remove office holders appointed with Senate confirmation) – high misdeamenors. • During the vote in the Senate, one vote short of the 2/3rd required to impeach. (35-19) • Remained as President for remainder of the term.
  23. 23. IMPEACHMENT PROCEEDINGS In the US History • President Richard Nixon (37th President) • Due to the Watergate Scandal – prevented, obstructed & impeded the administration of justice. • The House Judiciary Committee approved its first article of impeachment charging President Nixon with obstruction of justice. • A few days later the Committee approved its second article charging Nixon with abuse of power. The next day, the third and final article, contempt of Congress, was approved. • Nixon resigned the presidency & avoided the likely prospect of losing the impeachment vote in the full House and a subsequent trial in the Senate. He became the only US President ever to resign. Vice President Gerald R. Ford succeeded him.
  24. 24. IMPEACHMENT PROCEEDINGS In the US History • President William Jefferson Clinton (42th President) • Due to the Monica Lewinsky scandal. • Impeachment articles for perjury, obstruction of justice & abuse of power. • Failed to secure the necessary 2/3rd majority for conviction in the Senate. • Continued in office until the end of his term of office.
  25. 25. Succession to the US Presidency List 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Vice President Speaker of the House President Pro Tempore of the Senate Secretary of the State Secretary of the Treasury Secretary of Defense Attorney General Secretary of the Interior Secretary of Agriculture Secretary of Commerce
  26. 26. Succession to the US Presidency List 11. Secretary of Labor 12. Secretary of Health & Human Services 13. Secretary of Housing & Urban Development 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veterans Affairs
  27. 27. MALAYSIAN PARLIAMENT • Art 45: Dewan Negara consists of 70 Senators. (44 appointed by YDPA + 26 elected by the State Assemblies (2 members for each State elected) • Art 46: Dewan Rakyat consists of 222 elected members.

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