Chapter 4 State government, and structure

Chapter 4: State, Government and Citizenship
• 4.1.Understanding State
• State can be defined as the politically organized society or
apolitical system.
• If we take society as a system, the state represents one of the
sub systems of the society-called the political system.
• The state refers to all institutions, agencies and agents that
operate within a given territorial space, have legitimate
power and authority over us, and can legitimately utilize
force as an ultimate sanction against us if we fail to accept
its rules or orders or resist its actions or act against it.
• In this sense, the state is an umbrella term that covers all
offices that make and enforce the collective decisions and
rule of a society.

4.2 Elements of Modern States
• There are basically five essential elements that differentiate
the modern states from the traditionally organized political
systems.
1. Population:
• State is a community of persons. It is a human political
institution
• Since state is a human association it needs some number
of people
• Population can be more or less but it has to be there
• There is no definite limit for the size of population
essential for a State
• It has to be within a reasonable limit.
• There are States with very small populations like Malta,
Canada, Djibouti and others, and there are States like
China, India and others, with very large populations

• 2. Territory:
• There is no state without territory of its own(it includes
land, water, air space and legations in a foreign land)
• State is a territorial unit. Territory often determines the
wealth and resources availability of a given country
• Definite territory is its essential component
• The size of the territory of a State can be big or
small; nevertheless it has to be a definite, well-
marked portion of territory.
 big state- Russia, india, Algeria, Brazil,
Ethiopia
 small sate- Lexumberg, Comoros, Malta,
Djibouti
 Boundary of state must be well marked out that no
two states claim over the same land

3. Government:
• The state exercises its sovereign power
through its government
• Government is the institutional aspects of the state.
• One can say that government is the machinery or the
arm of the state.
• In fact government is the traditional elements of the
state.
• The state cannot exist without government.
• It is the agent of state that is responsible for the
overall administrative affairs of the country.

4. sovereignty:
Refers to supreme and final legal authority
of and beyond which no legal authority
exists
Internal sovereignty-domestically rules &
decisions of state are final over other
institution
External sovereignty-state is autonomous in
its international relation, independence of
state
State voluntarily accepts rules of
international law. These cannot be forced
upon the State

5. recognition:
• State must be recognized by significant portion of
international community
• Recognition is by the state, international
organization, non-governmental organizations
• States are not self sufficient.
• Some are endowed with resources, some are not.
• Some may have the potential to growth but may not tap its
resources effectively due to lack of appropriate know-how or
technology.
• The existence and development of one is highly dependent on
the supply of resources or technology from others.
• In such interdependent world recognition is vital elements of the
state.
• The existence a state and, its government and peoples need to
be recognized by others so that it can enter into diplomatic and
trade relations.

4.3. Contending Theories on the Origin of
States
• it should be noted that the exact nature of the
origin of state is not yet precisely known and
continues to be a subject for scholarly discussion
and debate.
• Nevertheless, there is a broader consensuses
among scholars that advanced civilization, with
their resultant political organizations in the
human society, can be traced back as 5,000 B.C
during that time, large scale political
organizations and state systems, for which there
are recorded history, developed particularly in
the Tigris, Euphrates and Nile valleys and latter in
the valleys of the great river of China.

Emergence,…..
• The emergence of organized societies in these areas was
because of the importance of the great rift valleys that
facilitated crop production (cultivation) and surplus
production in those times.
• In effect, the transition of human society in the process of
crop cultivation and production is a significant step towards
civilization and the rise of politically organized human
societies.
• The argument is, therefore, that the rise of agriculture
mode of economy around the great river basins
encouraged permanent settlement of people there by
leading to the creation of states.
• Anthropological evidence-state existed since the beginning
of human history
• Rudimentary forms of state clan, tribe, family has similar
feature and role with modern state

i) The Natural or genetic Theory:
 This theory view the state as natural to organized and settle
social life.
 It is based on sociological facts
 The theory claims that the state gradually evolved out of
earliest forms of self led low life communities, such as the
family, the clan and the tribe.
 State is eventual extension of family system
 Aristotle says, there are two instinct in the formation of state
1. reproductive instinct(unite men & women together)
2. self-preservation(master and slave come together)
 family is the first stage in the formation of state
 The second stage arrived when several families are united and
form village which is a union of families of common decent
 Family-extended family-clan or tribe-village-community -state

ii) The Divine Right Theory:
 Divine Right of Kings, ancient doctrine that sovereigns are
representatives of God and derive their right to rule directly from
God.
 This theory claims the state to be a divine creation. In this sense,
the state is seen as an instrument created by God, and rulers are
regarded as God’s own representatives or agents on earth.
 That is, it is of God’s will that in human society some are born to
rule while other are born to be ruled.
 Furthermore, the divine right theory asserts that the social order,
in which the position of the individual is determined
hierarchically on the basis of birth, was God-given and thus
immutable.
 So that, there were many kings considered themselves and their
male descendents to be elected by God to rule over the rest of
the society, where they consider women as subjects, not citizens.

Devine,…
• The Divine right theory served as a theoretical justification
for the power of the feudal- emperors of Europe during the
middle ages and in other areas where feudalism pre-
dominated.
• The concept was formulated from the theocracies of the
East. Before the Reformation, the monarch was considered
God's representative in all secular matters.
• This theory, however, neglected the historical part that the
reality of politics and state structural are the results of
every day humans interactions and relation but also highly
dynamic.
• Finally, however, the upheavals of the religious
Reformation and the intellectual Renaissance led to many
rational theories about the origin of state.

iii) The Social Contract Theory:
• The social contract theory holds that the state is an artificial
creation based on the voluntary agreement or contract among
people.
• In sharp contradiction to the Divine theory, it developed as
arguments from the doctrine of popular sovereignty.
• According to this theory it proceeds from the basic assumption
that a state of nature once existed where people possessed
absolute natural rights and where free from any kind of restraints
on their activity.
• There was unfettered freedom but, as a consequence, there were
no guarantees of safety and security for people and their
possessions.
• Total anarchy and chaos prevailed. And the strong possessed and
exploit the weak.
• Tiring of this unorganized and insecure existence, people entered
in to natural agreements to which they appeared to surrender their
freedom in return for security.

Social Contract,…
• The social contract theory holds that governments are
created by the people in order to provide for collective
needs (such as safety from crime, invasion, and natural
disasters) that cannot be properly satisfied using purely
individual means.
• Governments thus exist for the purpose of serving the
needs and wishes of the people, and their relationship
with the people is clearly stipulated in a "social
contract" (a constitution and a set of laws) which both
the government and the people must abide by.
• If a majority is unhappy, it may change the social
contract.
• If a minority is unhappy, it may persuade the majority
to change the contract, or it may opt out of it by
emigration or secession.

Social Contract…
• This theory is based on the idea that all men live in a state
of nature which is not ideal to perfect harmony.
• It is also an agreement among the members of an organized
society or between the governed and the government
defining and limiting the rights and duties of each.
• One of the most influential theories of government in the
past two hundred years has been the social contract, on
which modern democracy and most forms of socialism are
founded.
• Contemporary liberalism such as in the United States also
tends to work under a social contract theory.
• Thomas Hobbes, Johan Locke, Jean-Jacques Rousseau, and
Thomas Jefferson are four of the most famous philosophers
of utilitarianism

• It must be borne in mind that the social contract covers two different
forms of contract.
• The first is what may be called the social contract proposal, the part
in which people in state of nature decided to establish an organized
society or the formal state.
• The second form may appropriately be called the natural rights
contract, in which the people prescribe the condition under which
the government of the state will operates.
• According to this theory- since the state is established by consent of
the people, its main purpose is to protect and safeguard people’s
inalienable rights such as the right to life, liberty, and property.
• The social contract theory was further developed in the age of
revolutions in the fight against rule of absolute monarchies.
• This theory advocates popular sovereignty, limited government and
individual rights.
• Hominine this theory gives priority to the individual over society.
The main problem of this theory is it is difficult to reconcile the
contradiction between its individualistic premises as the individual
is born in to society and is intimately tied to it in many ways.

iv) The Force Theory:
• Is a theory, particularly popular among some German
thinkers of the 19th century.
• It says state originated as a result of force by the strong
over the weak.
• Strong and powerful individuals established their way
over the weak, settle them on a specific territory and
arrogated to themselves the power of governing.
• So, the theory also relates the emergence of states to
wars and conflicts that have been endemic in the
history of human beings.
• Accordingly wars of conquest resulted in the
occupation of more and more territories and coercion of
the weak by the strong hence military might and
physical strength of a society is considered to be of
paramount importance for the creation and
consolidation of the state.

Force,…
• the fact that governments, along with private property,
originated from the authority of warlords and despots who
took, by force land as their own (and began exercising
authority over the people living on that land).
• Thus, it is sometimes argued that governments exist to
enforce the will of the strong and oppress the weak,
maintaining and protecting the privilege of a ruling class.
• It states that the government emerged when all the people
of an area were brought under the authority of one person
or group.
• Although the state can and use force, military might and
physical force alone cannot explain the complex
phenomenon of political systems, for mere force cannot
maintain lasting relationships between, the rulers and the
ruled

v) The Marxist Theory:
historically, the state was originated from the split of society
in to two classes with sharp and polarized economic
interests.
• The formation of social classes is associated with the
emergence of private property the rise of the state with its
agent, the government established to make laws is,
therefore, directly related with the urgency of private
property and the need to safeguard it.
• This means that the state in its function is a partisan
political organization that stands for the interest of the
rich against the poor.
• Marx felt that the state at any time reflects the value of its
dominant classes and that the government of a rich state,
therefore, only acts to perpetuate the interests of these
classes.

• Thus, the proponents of the Marxist theory believe that
with the historical process of disappearance of private
property and antagonistic social class, the state will
wither away(vanish).
• Congruently communism an envisioned social system,
where everybody will be equal and all get whatever
they want, would prevail.
• Although its proponents and followers struggled hard to
resume the visions of communism for almost a
centuries, to the equality and fulfillment of wants has
not been materialized.
• On the contrary in recent years, political systems,
which were established on the visions of communism,
have crumbled one after another.

State Structures
• In terms of the patterns of power distribution among the central and
local or sub-national government, states can be classified in to two:
Unitary state and Federal state
1) Unitary State
• In Unitary states, authority and power are focused exclusively on the
central government.
• A unitary state involves the separation of powers horizontally Yet, it
doesn’t constitutionally permit the separation of power vertically,
• All major policies and principles of administration originate from
the center.
• In Unitary state, local governments exist only as mere agents of the
central authority.
• The span of their authority, the duration of tenure of office and even
their very legal existence are determined directly through continuous
legislation by the central government.
• In unitary state, the functions, resources, powers and even
boundaries of local governments continuously change at the
discretion of the central government.
• Unitary state doesn’t necessarily implies to high centralization

Merits of Unitary State Structure
• Typically a unitary state structure is best suitable to
states that have small population (in terms of size and
diversity) and small geographical area.
• The following, generally, are the merits of unitary state
structure.
1)Unitary System is Strong in Maintaining National
Integration:
• Unitary system is strong and powerful as compared to
the federal set-up.
• Central government strongly controls all the state
affairs with a unified command.
• It saves the country from breakage and maintains its
integrity, solidarity and prestige.
• This system causes national integration. All powers
belong to a single central government.

2. Simple Form of Government Structure:
Unitary system is very simple in structure because there is a
single administrative system throughout the state.
There is central legislature, executive and judiciary that are
easily understandable.
In federation, structure of the system is very complicated
and expensive because of two different sets of governments.
Unitary system is based on the principle of single
administration that is cheap and can easily be dealt.
3.Uniform Laws: (conflicts of jurisdiction avoided)
Because of a central unified command, all kinds of laws,
administrative policies and functions are uniform
throughout the state and there is no any sort of tension and
disturbance within the state.
Single government runs state administration with single and
unified command. People never agitate for the laws are
uniform in the entire country.

4.Less Expensive(duplication of civil servant is rare)
 In unitary form of government there is no large number of
legislators and ministers and there are no assemblies at the
center and local level therefore expenditures of these
institutions are small compared to federal systems.
• This system is not a burden on the national treasury. Its
expenses are less and output is more.
5.Flexible System:
• Another advantages of unitary system is that the
constitution is always flexible that may be amended
according to changing conditions and needs.
• A system adopted according to the need of time and people
desires, remains stable and successful.

Demerits of Unitary state structure
1) Urban Supremacy( suppress local voices):
Central government has no knowledge of the
problems and needs of the far rural areas.
• It is a structure where state administration is
practically in the control of the urban citizens.
• For this reason, government services and
influence is always confined to cities.
• But, remote rural areas can be dealt effectively
by the federal system.

2)Despotism in Government
In unitary system, central government has a
centralized command and centralization of
authority is itself a problem.
Since there are no sub-ordinate governments to
have check on the center, therefore central
government becomes totalitarian and despotic.
So despotism is the disadvantage of unitary form
of government.
On the contrary, federal structure provides
opportunities to levels of government to have
check upon each other.
3) It overburdens central legislature

2. Federal State Structure
• Most scholars seem to agree that federalism is a devise for
organizing two or more levels of government that assume
different sets of responsibilities and manage the affairs of a
country.
• This is called devolution of power.
• That is, a Federal State structure is a political arrangement
where powers are dispersed between levels of government.
• power of a state is formally (constitutionally) divided among
different level of government, each of which is legally supreme
over its own sphere.
• The defining features of a federal state structure are:
i) there are two levels of government that rule the same land and
people;
ii) each level has at least one area of action in which it is
autonomous; and
iii) Supreme written constitution to allocates duties, rights, and
privileges to each level of government.

Federal State,…
• Most large states, with few exceptions like china, are
federal.
• Usually multi-ethnic states do also adopt the federal
structure.
• You should note that the form of federalism in all states
is not necessarily the same.
• States apply different principles and reasons for
federation.
• Similarly, the degree of autonomy exercised at local
(regional) levels is not the same in all cases.
• In some states, the central government retains greater
degree of power as compared to local governments.
• In others yet, the local or regional governments could
be very influential and powerful with greater autonomy.

• In federal states there are three types of powers namely
absolute, concurrent and residual powers.
1) Absolute powers
powers exclusively given to either of the levels of
government. It is common for federal governments to have
exclusive authority on some important national affairs.
As basics, the federal government has the power to make
and enforce laws for the whole country which are in
contrast with local governments.
There are also responsibilities usually granted only to
federal government such as
 setting up and maintaining national defense force
 determining fiscal policy and controlling National Bank
(including printing money and minting coins), and
 exercising international diplomacy, including the right to
sign binding treaties.

2) Concurrent powers
Powers that are granted equally to both levels of
governments.
Examples: collecting tax and defending national/federal
constitution is the responsibility of both levels.
3)Residual Powers:
 These are authorities that are not given absolutely to
any of the levels of government or concurrently to
both levels of government.
1995 FDRE constitution in its article 52 (1) verified that:
“all powers not given expressly to the federal
government alone, or concurrently to the federal
government and the regional states are reserved to the
states.”
powers which are not clearly specified in the
constitution are usually mandates of the regional states.

Rationales for Federalism
1) Political Factors: in the first place, federations may
foster peace, secure from war and fear of war.
• State can join federation to become gently powerful
enough to dissuade external aggression.
• Secondly, federal arrangements may protect individuals
against political authorities by constraining both central
and state sovereignty, placing limited power with them.
2) Economic Factors: federations boost natural resources
and federal states may become economically powerful.
3) Social Factors: the best state structure in an ethnically
diverse country is federalism.
This system provides each sub-unit to practice and promote
its culture, the right to develop its language and preserve
its history.

Merits of federal state structure
Essential for large and heterogeneous state
Provides opportunities for local government
to treat local affairs locally
Check the power of government/federalism
divides & limits power
Relieve central legislature(division of work)

Disadvantages of Federalism
There is duplication of civil servants &
activities which requires additional expense
Division of power between central and
regional government lead to conflict of
jurisdiction

4.2. Government
• Government : one among essential element
of state which acts on behalf of state, a
means in which state policy enforced
• refers to the collective existence of the
three separately instituted organs.
• The function is to keep peace and order of
the society.
• refer a group of individuals and institutions
authorized to formulate public policies and
conduct the affairs of the state.

The difference between government &
other forms of organizations
• Comprehensive authority: rules made by other
organization is applies to the members only. but,
rules of government applies to all member of
society
• Involuntary membership: people initially become
citizen of a nation and subject to its rules without
any deliberate choice
• Authoritative rules: rules of government are
generally considered to be more binding upon all
member of societies

The Necessities and Functions of Government
• The necessity of government has been a subject of
endless debate among political philosophers.
• Aristotle, the purpose of the State/government is
to ensure good life
• Locke, the preservation of property which is
expressed as lives, liberties and estates.
• Smith, the duty to protect society from the
violence and invasion of other independent
societies; the duty to protect subjects from
injustice; and the duty of erecting and maintaining
certain public works and institutions.

Necessities of government….
Jeremy Bentham and John Stuart Mill, the
purpose of the government is to provide the
greatest happiness to the greatest number of
individuals under its jurisdiction.
1. maintenance of law and order
2. management of conflicts
3. distribution and regulation of resources
4. protection of rights of citizens
5.providing public goods and services

Organization of Government
1. Territorial based division b/n central and
subnational government(vertical)
2. Power based division/horizontal
Vertical arrangement
A. Central/national government-level of
government who controls overall affairs of
the state like states economic life ,trade,
transport, telecommunication, etc.

Reasons for the existence of
central government
1.National unity: central gov’t articulates the interest of the
whole. that is the interest of the whole than various parts
2.uniformity: central government establish uniform laws and
public service that help people to move from one area to
another
3.equality: central gov’t rectify the inequality arise b/n
regions
4.prosperity: central government, for instance, can manage a
single currency, control tax, and spending policies with a view
to ensuring sustainable growth, and if necessary provide an
infrastructure in the form of roads, railways, air ports and so
on.

federation
Central
gov’t
Member state

Sub-national government: level of gov’t that exist below
national gov’t to administer their respective region
Reasons
1. participation: subnational gov’ts are effective in
providing opportunities for citizens to participate in
the political life of their communities
2. Responsiveness: subnational institutions are usually
closer to people and more sensitive to their need
3. Legitimacy: physical distance from gov’t affects
accessibility of its decisions. decisions made at local
level are more understandable
4. Liberty: serve as a means for check and balance
system, threatens to turn government into tyranny
against the individual

• “It is better a city to be governed by
good man than by good law”
Aristotle

Horizontal Arrangement
• The Legislative Branch of Government
• It is representative assembly directly elected by the
people and is responsible for making state laws.
• It has different names in different states(parliama,
assembly, duma, congress)
• legislature is the supreme organ that appoints
members of the executive in the case of parliamentary
systems, in presidential form of government it is
considered as a power branch, which is equal to, and
independent of the executive/president.

Functions of the legislature
1) Statue making/legislation. Every legislative has the power
to make statues.
2) Representation of citizenry: Assemblies/Parliaments play
an important representative role in providing a link between
government and the people.
3) Control of administration/executive organ: plays pivotal
role in checking and supervising the administrative organ of
government, i.e., the executive branch.
The leaders of the council of ministers (the president in
presidential system and prime minister in parliamentary
form) are checked & followed.
4) Constitutional making/ amending: The legislative body
of the government can play or have the function of
constitutional making/amending.

Legislature
5) Electoral and deposing functions: The legislative body plays the
function of electing the Prime minister in a parliamentary form of
government.
In addition they also play voting on motion of “no confidence” to
reelect and defeat the incumbent prime minister, etc.
• Added to this is that, in a presidential system, the legislative body
plays the role of removal the president by the principle of
impeachment.
6) Financial functions: The legislative body holds the “power of the
purse”, i.e., to determine the nature and amount of taxes and
appropriations.
7) Investigative functions: Most often, legislatives through established
“selective committees” are engaged in digging up information it
desires on maters not covered by its “legal standing committee.” For
example, in Ethiopia, the legislative body (the parliament) plays this
role by establishing “commission of inquiry” to investigate to any
information and evidences.

The Executive Branch of Government
• executive is the branch of government responsible for
the implementation or enforcement of laws and
policies made by the legislature
• In its coverage, the executive branch extends from the
head of government to the members of enforcement
agencies such as police and the military, and includes
both ministers and civil servants
• The executive is the irreducible core of government.
members of the executive have been categorized in
one of two ways.
• First a distinction is often drawn between the ‘chief
executive’ and the ‘executive’ based on the levels of
status and responsibility that have been identified
with in the executive.

Hierarchical structure of executives
• Hierarchically the executive is, commonly, categorized
into two, the chief executive and executive.
• The chief executive refers to the one individual or small
group (such as a president, prime minister, or ruling junta)
at the apex of the executive structure of the political
system.
• The executive is much broader term, including all the
people and organizational machinery that are below the
chief executive in the executive structure.
• Thus, broadly the concept executive encompasses upper
and middle-level decision makers in all the departments,
agencies, or other administrative units that are in the chief
executive’s chain of command.

Executive
POLITICAL EXECUTIVES
• They work for fixed
tenure(temporary)
• Small group(at the apex of
executive structure)
• Their job is making policy in
accordance with ideology
and priority of the party
BUREAUCRATIC EXECUTIVES
• Refers to all the people and
organizational machinery
that are below chief
executives
• Their job is to carryout laws
and policies without
political consideration
• Experts and professional,
doesn’t owe allegiance to
political party

Functions of the Executive
I The Political Executive
1) Enforcement functions: The core/the chief
function of executive body is to enforce
(implement) all laws, rules, decisions made by the
legislative body and the judiciary body (court’s
decision).
2) Formulation and execution of administrative
policy: The executive body boldly exercise
formulation of regulation (sub-legislative power
and issues law of rules) and allocates funds to
various public activities.
3) Control of military forces: The executive branch
has the power to determine how and where troops,
the military, warplanes and ships may be used in
period of conflict and peace.

4) Control of foreign relations: charged with conducting of
foreign relations with other states.
 the chief executive also grants or withholds recognition to the
governments of foreign state.
5) Policy-making leadership: The political executive is looked
to, in particular, to develop coherent economic and social
programs and policies that meet the needs of society.
6) Popular leadership: The popularity of the political executive
more than any other part of political system, is crucial to the
character and stability of the regime (government) as a whole.
 At a policy level, it is the ability of the executive to mobilize
support that ensures the compliance and cooperation of the
general public.
7) Bureaucratic leadership: overseeing the implementation of
policy
8) Crisis leadership: It takes decisive action when crises break
out in either domestic or international politics,

II) Bureaucratic Executive
 Policy implementation is solely the responsibility of civil servants
working under their political masters.
1) Administration: implement or execute law and policy
• That is why the bureaucracy is sometimes referred to as ‘the
administration’, while the political executive is termed ‘the
government’.
• This distinction implies that a clear line can be drawn between the
policy-making role of a politicians and the policy implementing role of
bureaucrats.
2) Political Stability: the final function of bureaucrats is to provide a
focus of stability and continuity with in political systems.
 This is sometimes seen as a particular importance in developing states,
where the existence of a body of trained career officials may provide
the only guarantee that the government is conducted in orderly and
reliable fashions.
 This stability depends very largely on the status of bureaucrats as
permanent and professional public servants; that is, while ministers and
governments come and go, the bureaucracy is always there.

3) Policy Advice: used as a chief source of the
policy information and advice available to
government.
Moreover, as the principal source of the advice
available to the politicians, bureaucrats
effectively control the flow of information, that
is, politicians know that civil servants tell
them.
4) Articulating Interests Bureaucrats are
brought into contact with interest groups
through their task of policy implementation
and their involvement in policy formulation
and advice.

The Judiciary Organ
The judiciary is the branch of government that
is empowered to decide legal disputes.
Thus, the central function of judges is to
adjudicate on the meaning of law, in the sense
that they interpret or construct laws.
Play role in settling dispute between the major
institutions of government or in one between
the state and the individual.

Judiciary
1. Adjudication: the first and for most function of the judge is to
administer justice.
• They hear and decide cases, such as civil, criminal and
constitutional, in the light of the argument given by the concerned
parties.
2. Formulating case law: Case law is developed where judges must
decide how a law, whether common or statute, should apply in a
particular case.
This kind of law is often referred to as judge-made law because the
interpretation is made by the judge in each case and becomes
binding on all other courts.
3. Protection of individual rights: The judiciary body has great role in
protecting the constitutionally guaranteed rights of individuals
mainly through due process of law.
For example the judiciary plays a great role in the protection against
unreasonable or arbitrary laws and procedures by the government
and its institutions at any level.

The judiciary
4. Guardian of the constitution: in most federal systems, the court acts as the
guardian of the constitution and an umpire between the central and regional
governments.
• All constitutional disputes among the regional states or between the
regional states and central/federal governments are settled by the highest
court of the country.
• However, there are differences among federal states in empowering the
power to interpret the federal constitution.
• For example in Ethiopia it is not the federal Supreme Court, but house of
federation that has the power to interpret the FDRE constitution.
5. Judicial Review: another significant function of the courts, particularly of
the high and supreme courts, is to look in to constitutional validity of the
legislative measure or executive action, and then declare it unsound and
void to the extent of its being against to the fundamental law of the land.
That is, the power of the judiciary to review the laws, decrees, and actions of
other branches of government, and to declare them invalid.

SYTEMS OF GOVERNMENT
Characteristics of Parliamentary government
• The executive is divided into two parts: Head of the government
and Head of the State.
• The head of the government has real executive power than the
head of the state.
• The head of the government is the prime minister and the prime
minister is the one who is the chairman or chairperson of the
party or parties which won the election
• The head of government appoints the ministers and higher
officials-cabinets.
• The councils of Ministers, including the prime minister is
individually or collectively accountable to the parliament.
• Ministers can be usually members of parliament.
• The party or coalition of parties that won the majority seat in the
parliament forms the councils of ministers and prime minister
• parliament is the focus of power in the political system

• Crucially important here is that the role of
head of the state is separated from that of the
head of government.
• Another key characteristic of parliamentarian
is that the executive is drawn from the
assembly and, crucially its ability to hold on to
power is dependent on legislative confidence.
• The executive has to retain the support of the
legislature in order to be able to pass its
legislative proposals and govern.

Presidential form of government
Characteristics
• The executive is not divided. The president acts as
head of the state and head of government.
• The president is directly elected by the people
• the president forms the council of ministers.
• President and the head of departments are not
accountable to the congress or the parliament.
• the executive is directly responsible to the
electorate than to the congress
• The president is the focus of power.
• A key feature of the system is that there is clear
separation of power between executive and
legislative bodies.

Semi presidential systems
• Interestingly there a third form, which is best,
conceptualized in the mixture of the two.
• The most accessible examples are France,
India.
• The key characteristics here is that the
existence of both president and a prime
Minster.
• The power relation ship between two offices
will vary-in France for example, the president
enjoys supremacy.

Difference between state and
government
state
• Inclusive which includes
both government and
governed
• Permanent
• Practice impersonal
authority
• abstract
Government
• Only small part of total
cognition participate in
various organs of
government
• Temporary
• It represent
sympathetic interest
• concrete

Chapter 4 State government, and structure

Chapter 4 State government, and structure

Recommended

Recommended

More Related Content

Similar to Chapter 4 State government, and structure

Similar to Chapter 4 State government, and structure (20)

Recently uploaded

Recently uploaded (20)

Chapter 4 State government, and structure