Parliamentary or Presidential?
There are different systems of government in use around the world today — some authoritarian, some democratic, and some totalitarian. Putting aside the undemocratic regimes, there is a common pattern to be seen.
Most democracies choose one of two countries to model themselves after: the United States, or the United Kingdom. Either they adopt the presidential system of the US, or they follow the Westminster parliamentary system of the UK.
Do not be fooled by the fact that some countries with parliamentary democracy have presidents, such as India and Singapore. In all countries which follow the Westminster system, significant executive power is vested in the Prime Minister, while the head of state, be it the monarch or president, plays a minimal role in affairs of state.
It is actually very interesting to compare the two systems of democracy, because both have so very obvious strengths and weaknesses. The element of "checks and balances" plays a significant role in both systems, but the much-vaunted separation of powers truly exists in any meaningful sense only in the American presidential system.
Under the Westminster model, the legislative branch determines who occupies the executive branch; the executive branch then determines who occupies the judicial branch.
Of course, the reality is more complex and subtle than that — the head of state appoints the head of the executive branch based on who he or she believes will have the confidence of the legislative branch. The Prime Minister can be toppled at any time if the legislative branch passes a vote of no-confidence against him or her, or rejects the executive's proposed budget.
The executive is normally responsible for appointing members of the judiciary; there is little, if any, legislative oversight. Some people, such as the Lord Chancellor in the United Kingdom, can occupy all three branches of government at the same time by holding a cabinet post, sitting in the House of Lords as a legislator, and sitting in the House of Lords as a judge.
The legislative agenda is usually set by the executive; not much time is usually given to bills proposed by individual members of the legislature (though sometimes the executive covertly introduces bills in this way to avoid drawing attention to them). Since typically the executive is supported by a majority of the lower house of the legislature (most Westminster democracies are bicameral, although some such as Singapore only have one chamber), the legislative agenda is usually passed without a hitch.
Under the presidential system, all three branches of the government are theoretically equal. The president has the power to propose laws, but the legislature is completely free to reject them, since the president does not need their support to stay in power. In the US, Congress has even shut down the government bureaucracy by refusing to pass a budget — much to the chagrin of the powerless president at the time.
The president nominates appointments to the judiciary, but these must pass before the legislature first. The legislature often sets its own agenda, even though the president may propose something; "pork barrel politics" is common in the US often because individual legislators decide funding, and so all insert provisions for their own special interests.
Already the strengths and weaknesses of each system are obvious. Under the parliamentary system, if the executive is performing terribly, the legislature can easily boot it out, either causing a snap election forcing the public either to confirm their support for the executive by electing new MPs more amenable to the Prime Minister's policies, or necessitating the appointment of a new executive.
If the same thing occurred in a presidential country, though, the president would likely hold on to power. In such a system, the legislature is normally wary of impeaching the executive, because it requires proof of some actual crime — you cannot toss out the executive simply for executing insane policies.
But at the same time, dissent is much easier to quell in a parliamentary democracy — you may let the dissenters have a voice in parliament, but they can rarely do anything, especially if the whip is tightly enforced on most issues, as it is in some illiberal Westminster democracies. There's a fighting chance for dissenters in a liberal parliamentary democracy, but since the government sets the legislative agenda, it normally tries to push dissent aside by allocating less time to it.
Under the presidential system, which often comes with a bicameral legislature, there are in effect three crucial areas which must be controlled for effective laws to be passed: the executive branch, the lower house of the legislature, and the upper house. Since all three are elected separately at different times, in effect this means dissent has a real chance of actually making an impact.
But, as always, these things carry double-edged swords. The track record of presidential systems is generally one of one stunning or not-so-stunning (depending on your view) success, and a host of failures (see: the Philippines, most of Latin America, Liberia, etc.). In countries like the Philippines, the presidential system has been blamed for legislative gridlock.
Parliamentary democracy has a much better history because of the stability it brings. But as nations develop, their people yearn for more freedom to dissent and permit the dissemination of more views — that seems to be why the UK itself has been moving in the direction of a presidential system; much of what the conventional Westminster system looks like does not really apply to the UK anymore.
I once conjectured that the reason presidential systems had failed in other countries was because these other countries had not adopted the strong federalism of the US. But it seems to me that this does not really explain the situation, as the people of developing countries, whether parliamentary or presidential in nature, have squandered the democracy they were given.
The stability of the parliamentary system, despite its authoritarian tendencies, appears to be best-suited for developing countries. But countries change with the times; a more democratic and plural governance system along the lines of the presidential system has to be implemented as a country and its people grow. Trying to force either system down the throats of a people as a one-size-fits-all solution may do more harm than good.
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| Related comments from forum thread "The power to strike down a law as unconstitutional": | |
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natalinasmpf
Member Posts: 39 IP Logged | Posted at 4:54:12 pm Feb 4, 2006
This is one of the more redeeming features of the Western Republic, ie. the United States. Currently, the Supreme Court of either Malaysia or Singapore doesn't have the power to strike down unconstitutional laws. It's laws like this (a law that makes it illegal to talk about political parties on the internet because it can be interprted as "advertising" for them when there's an upcoming general election) that calls for a need for such a judicial authority. Of course, there are issues like activist judges and whether judges should strictly interpret the consititution or liberally interpret the constitution, or the discern the framers' intent. Or what exactly happens if judges decides to strike down a law for no apparent reason, but this rarely happens because of scandal and there is no excuse and of course apparently the constitutional crisis will resolve. It probably just needs to be refined somehow. The key thing is that this prevents erosion of rights like freedom of speech on the majority's whim. But in Singaporean and Malaysian cases, more like the legislators' whims and the majority's apathy. There are things like the need to distance justice away from the whims of voters, ie. no direct voting for justices, and appointment by proxy, ie. people vote for both executive and legislative, executive nominates a judge, legislature approves it, like we saw with Alito. But then, the issue is how to obtain judges that has the conscience not to be in cahoots with the ruling party and rule impartially (and how to remove them), and whether favouring slightly more direct control by citizens (perhaps, a referendum to vote on a constitutional amendment, such as an amendment to enforce the right to freedom of speech, rather than just plain ratification) might resolve the issue. Thoughts? I think this could be a key issue, because these authoritarian laws keep passing under our noses, and we never hear of them until they bring the charges against us bloggers, in this case. Without this ability by the Supreme Court, our rights are slowly being taken away, and we are blind to it. |
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natalinasmpf
Member Posts: 39 IP Logged | Posted at 7:02:41 pm Mar 25, 2006
Vissario: d'accord, but if indirect representation didn't exist in the first place, then there would be less of a need to worry about partisan politics or about re-election. The concept of a jury is also important, which stands in contrast mandating expertise. However, here the judges in Singapore are heavily biased towards the ruling government it seems (perhaps it is because they can be removed)...the chances of winning a suit against the government is one in a million, and losing when prosecuted by the government for sedition approaches 99.99%. The other issue which I have reasoned out before is the issue of time. The courts exist so that the law does not change on mere whim, but as their terms last through several election terms they know what the original laws were legislated for. This is also the justification behind some "victimless crimes" - ie. individiuals may protest it now, but later on the will accept it, ie. defending the rights of the later person not to be fallen by the mere mistakes of say, someone who was ignorant of the dangers of narcotics. Of course, judicial review using the Supreme Court a very good solution for Singapore, but if we were to approach an ideal then perhaps the principle could be further refined, as having it confined to a body of a few individuals is always carries some risk (as I believed happened with several attempts at oligarchy at Athens). After all, there exists the issue of oligarchy, and what happens if a judge did decide to strike down any law he or she wanted, anyway? |
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Vissario
Member Posts: 35 IP Logged | Posted at 7:40:26 pm Mar 25, 2006
If you can Natalina, provide us with a general overview of how the Singaporean courts have ruled since its inception in the 1960s(?). I think that the courts of any society, be it totalitarian, democratic, or other, are really a good representation of the current generation and the broad wants and needs of the general society. For example, in the United States, the courts have always been a reflection of the times and have defined what society usually wanted because the justices were far closer to the ideals our founding fathers had for the people as opposed to what contemporary politics would preach. And as such, when the overall view of the people was for moderation, our courts have typically decided in moderation without becoming staunch activists, and when our society has demanded change (or at least condoned it), the courts have been ready to create civil and social change. Perhaps, for Singapore, the current 'biased' court system is the greater request of the people looking for security and a defined system of values in a time where Western dogmas, values, and material pleasures are rapidly spreading throughout Asia and challenging the amazingly conservative morays of most Asians. |
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natalinasmpf
Member Posts: 39 IP Logged | Posted at 8:29:22 pm Mar 25, 2006
If you can Natalina, provide us with a general overview of how the Singaporean courts have ruled since its inception in the 1960s(?). Firstly, what one of the first things the PAP did was to abolish the institution of the jury. Excellent. They keep an outdated penal code, citing it was carried over from English common law, but decide to do away with a vital institution that has existed in common law since the Magna Carta for about 750 years. The PAP also frequently sues the opposition, or prosecutes them for "sedition" or for publishing "incendiary" material (what they did was merely accuse the government of bad faith) ... the Sedition Act only allows accusations of "errors", ie. assuming the government was mistaken but did it in good faith. There was Francis Seow, who was on the verge of winning an election in a particular constituency (which was rare in the case of normal PAP dominance) and was promptly arrested and held for 72 days without trial under the Sedition Act, because of the accusation he had received funds from the United States and was being a puppet, etc. etc. The PAP sued Jeyaratnam till he was bankrupt, then said he couldn't run for the general elections because bankruptcy disqualified him. Chee Soon Juan was imprisoned for criminal slander when he accused Lee Kuan Yew in public of apparently supposed falsities (such as the allegation he made an illegal transaction with Indonesia) ... and I he still is, IIRC. Just a highlight of many cases. In fact, many of these do not see trial - those that do not win favour from the courts. The courts, without judicial review, cannot say "political criticism does not qualify under the slander laws", or have the discernment between political criticism and sedition...not to mention sedition is an thoroughly anti-democratic concept... Perhaps, for Singapore, the current 'biased' court system is the greater request of the people looking for security and a defined system of values in a time where Western dogmas, values, and material pleasures are rapidly spreading throughout Asia and challenging the amazingly conservative morays of most Asians. Unlike the United States, the court system does not interfere with abortion (which is thoroughly legal), freedom of religion, right to bear arms, or any often contentious issues. The court system as I am aware of, has never made a ruling in favour of free speech. I talk to my peers about political issues, and they declare, "this isn't a free country - if you want free speech, go back to America!" (which is better I suppose than having Americans tell me "Go back to China!" As I do not think that prosecuting for sedition and slander because someone made valid political allegations is exactly a means of reinforcing the sense of security or a defined system of values. Compare this to Hong Kong, which has a healthy demonstration culture, but also will badly need a stronger court system with strong powers of judicial review if it is to survive the machinations the PRC is trying to impose by slowly eroding the rights of Hong Kong'ers well before the 2090 permission. |
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Vissario
Member Posts: 35 IP Logged | Posted at 2:55:28 pm Mar 26, 2006
Just a highlight of many cases Thanks for the quick overview, perhaps you can provide us with a website containing a synopsis of major cases, as well? has never made a ruling in favor of free speech. Once again, people, the average person, in Asia is amazingly conservative in their views about government, politics, and social institution. I think they make this evident in the regimes they support; not ones which give tangible amounts of personal freedom and expression and allow for highly individual self-determination, but ones which actively impose a sort of 'social order' for the sake of uniformity and economic gain. "this isn't a free country - if you want free speech, go back to America!" As Asia becomes increasingly infused with western money, nationals, and, most importantly, ideas, that attitude towards what government can and can't do will change hugely. Unless, of course, if there is some drastic change in the cultural and political paradigm within the next 50 years, which I doubt seeing as there will still probably not be another superpower to spite the United States, Asians cities and general society will increasingly resemble that of the United State's or Europe. As I do not think that prosecuting for sedition and slander because someone made valid political allegations is exactly a means of reinforcing the sense of security or a defined system of values. But isn't it? The PAP doesn't allow political opponents because that would imply that their power is weak or disputed, and with that weakness will brood more seeds of dissention which will only encourage others to further dissent and rebel. This, as has been observed in history, is something which eats away at the national psyche because it creates a general uncertainty and a fear of change. Just because you would welcome a regime change doesn't mean that the rest of the population is willing to, Natalina. |
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johnleemk
Infernally Rambling Thoughtless Mind Head Administrator Posts: 953 IP Logged | Posted at 8:05:12 am Mar 27, 2006
As an aside, I think it would be cooler to restore lay magistrates. (Provided, of course, that they aren't those moronic "Justices of the Peace" who just get this nice crest to stick on their bumpers and use it to get away with parking illegally.) Juries are an excellent exit valve for idiocy in the system and for handling wedge cases, though. To cite one example from the British system, have a look at R v Ponting, where a jury found Clive Ponting not guilty of revealing state secrets, even though he obviously did. (Basically he revealed certain circumstances regarding the sinking of the Argentine battleship the General Belgrano during the Falklands War that Maggie Thatcher didn't exactly want revealed but really posed little to no threat to the Brits -- just look it up on Wikipedia.) Incidentally, the presiding judge told the jury that the best interests of the state were represented by the government's policies, and directed them to make their decision based on that. (Good thing they ignored it.) |
