THE STRUCTURE OF A COUNTRY THE SEPARATION OF POWERS (HORIZONTAL) ORGANS OF THE GOVERNMENT; COMPOSITION, FUNCTIONS, CHECK AND BALANCE Arafat Ali

THE SEPARATION OF POWERS The structure of the state is one of the most fundamental issues, which is generally regulated in a constitution. This means basically that the constitution regulates how the government should function: how many branches and levels of government should exist and how the powers should be allocated among them.

THE SEPARATION OF POWERS In democracies, the structure of the state is based upon the principle of separation of powers which is incorporated in the constitution, as it is considered to be the core element of any rule of law based constitution. It means that the power of the state is divided between different institutions.

THE HORIZONTAL SEPARATION OF POWERS The horizontal separation of powers means that all the power of the state is divided between three different branches of government, which are the judiciary, the legislature and the executive.

THE HORIZONTAL SEPARATION OF POWERS

THE VERTICAL SEPARATION OF POWERS In a federal state a further dimension of separation of powers exists: the vertical separation of powers. This refers to the distribution of powers particularly in countries with some form of decentralization That means there is an executive, a legislature and a judiciary on the national level, but also a separate executive, legislature and judiciary on the state level.

THE VERTICAL SEPARATION OF POWERS

CHECKS AND BALANCES The separation of powers is usually not carried out in its most absolute form. Instead, under most constitutions the different branches of government have to collaborate to a varying degree and to exercise a certain amount of control over each other. "checks and balances“ The term thus refers to a variety of procedural rules that allow one branch to limit another.

HORIZONTAL SEPARATION OF POWER Parliamentary systems of government Presidential systems of government Mixed systems

Parliamentary systems of government In a parliamentary system the legislature is formally supreme and appoints and controls the executive (government). In this system, it is primarily the parliament which is responsible for providing for a functioning government.

Presidential systems of government In presidential systems the legislature and the executive are considered equally powerful and independent of one another. In full presidential systems, the two branches are generally separated, institutionally as well as personally.

Mixed systems Mixed or hybrid systems usually include features of both systems, the parliamentary as well as the presidential. Depending on the specific allocation of powers between the legislature and the executive varying forms of semi presidential (e.g. In France) and semi parliamentary systems (e.g. In south Africa) exist. Arafat Ali

THE EXECUTIVE Government Executive Administration Composition of the executive Along party lines Power sharing Types: Executive in parliamentary system Executive in presidential system

FUNCTIONS OF THE EXECUTIVE To execute the laws made by parliament; to formulate laws for the approval of the legislature; to prepare the budget for the approval of the legislature and determine the rates of taxation and other revenue raising measures; to handle foreign policy and relations; to exercise powers of prosecution; the operational command of the military; to appoint individuals to key offices in the public service.

FUNCTIONS OF THE EXECUTIVE Depending on the system of government, the executive in addition may have some of the following powers: to dissolve the legislature in cases of dissent and blockage; to veto bills; to issue legislation during a state of emergency; to issue regulations and executive orders; to appoint people to other important offices within the other branches of government, for example judges.

THE LEGISLATURE 1.To enact laws; 2.To represent the people 3.To approve the budget 4.To hold the executive accountable and monitor it 5.To appoint and dismiss the prime minister (in parliamentary systems); 6.To impeach the president; 7.To approve international treaties entered into by the state; 8.to approve other appointees (i.e. Ministers, judges, ambassadors etc.).

COMPOSITION OF THE LEGISLATURE Majority system In a majority system the candidates or parties which have won most votes are declared the winners. All votes that have been cast for other candidates or parties do not carry any consequences. Consensual system The consensual system is based on the proportional electoral system

THE JUDICIARY The third branch of government in a system of horizontal separation of powers is the judiciary. Its principal functions are: the interpretation of the laws in controversial cases; the application of the law for the decision of legal disputes between citizens; the decision in legal disputes between citizens or the state in public law cases; the determination of the guilt or innocence of an accused person in a criminal law case; and the guarantee of a fair trial to all parties in all procedures before a court of law.

THE JUDICIARY INSTITUTIONAL INDEPENDENCE INDIVIDUAL INDEPENDENCE THE SELECTION OF JUDGES TENURE (JOB SECURITY) DISCIPLINARY ACTION REMUNERATION

THE JUDICIARY THE SUPREME COURT OTHER COURTS SPECIALIZED COURTS

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