Legislatures, Executives, and Political Control of Government

Author(s):  
Gillian E. Metzger

This chapter examines how political control over government is exercised today in the UK, the US, and France, focusing on control of the executive branch by the legislature and control of the administrative executive by the political executive. These three jurisdictions were chosen because they are paradigmatic examples of different political regimes: parliamentarism, separation of powers presidentialism, and semi-presidentialism. In theory, these different institutional structures should affect how political control is understood and wielded. In the traditional Westminster parliamentary model, for example, the government is formed from the leadership of the majority party in Parliament and it is the government that controls policy-making. By contrast, the traditional account of a separation of powers regime posits a separate legislature and executive as institutional rivals. Semi-presidential regimes combine a popularly elected presidential-type executive with a legislatively-dependent cabinet executive.

2009 ◽  
Vol 35 (4) ◽  
pp. 943-955 ◽  
Author(s):  
IAN LEIGH

AbstractThis article argues that there is a need to modernise the law governing accountability of the UK security and intelligence agencies following changes in their work in the last decade. Since 9/11 the agencies have come increasingly into the spotlight, especially because of the adoption of controversial counter-terrorism policies by the government (in particular forms of executive detention) and by its international partners, notably the US. The article discusses the options for reform in three specific areas: the use in legal proceedings of evidence obtained by interception of communications; with regard to the increased importance and scle of collaboration with overseas agencies; and to safeguard the political independence of the agencies in the light of their substantially higher public profile. In each it is argued that protection of human rights and the need for public accountability requires a new balance to be struck with the imperatives of national security.


2009 ◽  
Vol 5 (2) ◽  
pp. 173-181
Author(s):  
Sarira Aurangabadkar

The economic crisis that has engulfed the world since 2007 has become serious by the first quarter of 2009.Many developed countries too are affected severely, namely the US, Germany, the UK and others. Fortunately, India as of now seems to be less affected, yet the winds of global recession are now felt. The Indian economy grew at an annual rate of 7.6% in the quarter ending in September, 2008. As per the projections of the government growth in the fiscal year, 2008-09 could be in the range of 7 to 8 %, which is, lower than 9% in the last year. The government has unveiled a multibillion dollar stimulus on 7th December, 2008 and 2nd January, 2009 respectively. The Reserve Bank of India has cut interest rates aggressively. India Inc has felt the heat of the global meltdown in the third quarter ending in December, 2008 where the income has dropped by a massive 23% points compared to the previous year. Indian manufacturing activity has contracted for the second consecutive month in December, 2008 to its lowest in more than three and half years. India’s exports too have declined by 12.1 % in October, 2008 showing a negative trend for the first time in the last five years.


2019 ◽  
Vol 3 (1) ◽  
pp. 81-91
Author(s):  
George Goradze

The article looks at the last amendments to the Constitution of Georgia. By this amendments Georgia moves into parliamentary system. However, there are some questions: Does this system comply with European standards of parliamentary system? How will this system work in Georgia? Is a parliamentary system ideal model for Post-Soviet countries and particularly for Georgia? The article is divided into two parts: The first part looks at the new redaction of the Constitution of Georgia and the new system of governance which will be established by this constitutional changes. By analysis the author comes to the conclusion that new amendments to the constitution will serve as a guarantee of a long-standing stay in the government for the ruling political party; In the second part of the article the author discusses the negative aspects of a parliamentary system in general. Here main question is “how will the Parliament control the executive branch and its leader who is the head of the ruling party and the parliamentary majority, as well? It may be vice versa.” In the author’ opinion one of the ways for a parliamentary system is to elect a non-party president through a universal suffrage.


Author(s):  
Kelum Jayasinghe ◽  
Tarosha Jayasinghe ◽  
Chaminda Wijethilake ◽  
Pawan Adhikari

Background: Through the extensive use of public media, the government of England was heavily involved in encouraging and instructing people on how to manage their life during COVID-19. This model of health emergency governance replicates the practice of ‘calculative technologies’ and ‘bio-politics’ embedded in population management. Previous research on COVID-19 governance both in the UK and beyond provides varied revelations on broader ‘technologies of government’ and bio-politics by numerous governments. However, rarely have any studies explicitly and distinctively highlighted the unique ‘calculative technologies" mobilised by governments within their bio-politically designed "technologies of government" to compel the populations to manage their lives under their COVID guidance. The paper therefor examines how the UK government deployed "calculative technologies", as part of its strategies of health governance and governmentality during the first wave of COVID-19 in England. Methods: This study uses document analysis as its data collection method. Its review includes documents, press releases, social media disclosures and health guidance issued by the UK government from March to December, 2020. The data are analysed employing the Foucault’s governmentality and bio-political scholarship. Results: The paper’s findings reveal the UK government’s use of integrated calculative technologies of self-governance in the form of risk calculations and metrices/statistics (e.g. death tolls, infection rates), performance management (e.g. two metre social distancing, and hand washing for twenty seconds) and discipline and control (e.g. fourteen days self-isolation), in addition to a more conventional top-down, managerial decision-making process adopted in the past. By these newly initiated "calculative technologies", the government has "bio-politically" governed the behaviours and lifestyles of vulnerable community members, health workers and general public at a distance, inculcating self-management and individualisation of responsibility. Conclusions: The newly adopted calculative technologies used by the UK government created a multi-faceted discourse of obligations, entitlements and scale of engagement, and facilitated directions about what people should do to protect themselves and others from the spread of the virus. Overall, the overtly and idiosyncratically used calculative technologies resemble a unique ‘art of government’ and produce a set of ‘bio-political’ interventions enforcing the populations to manage their own wellbeing and governing them at a distance during COVID-19.


2020 ◽  
Author(s):  
Jing-Zhong Wang ◽  
Xuan Zou ◽  
Zi-Qian Xu ◽  
Hai-Rui Wang ◽  
Bi-Xin Wang ◽  
...  

Abstract Background The overseas COVID-19 confirmed cases continue to rise for months, while people overseas prefer to return China at present. It is risky to have a large number of imported cases which may cause a relapse of COVID-19 outbreak. In order to prevent imported infection, Shenzhen government has implemented the closed-loop management strategy by taking nucleic acid testing (NAT) for severe acute respiratory syndromes coronavirus 2 (SARS-CoV-2) and requiring14-days medical observation for individuals with overseas tour history (Hong Kong, Macao, Taiwan province and other countries) within 14 days. Our study aim to describe the status of COVID-19 infection among entry people in Shenzhen, and evaluate the effect of closed-loop management strategy. Methods We made a descriptive study and risk analyze by the entry time, reported time, local confirmed cases in origin countries. The NAT were completed in Shenzhen center for disease control and prevention (CDC), ten district-level CDCs, as well as fever clinics. Results A total of 86,844 people overseas entered Shenzhen from January 1 to April 18, 2020, there were 39 imported cases and 293 closed contacts. The infection rate of entry people was 4.49‰ (95% CI: 3.26‰ − 6.05‰). 14 imported cases (35.9%) came from the UK, 9 (23.08%) came from the US. Entry people from the US since Mar 9 or from the UK since Mar 13 are the high-risk population. As of July 17, there have been no new confirmed cases in Shenzhen for 153 days, and the number of confirmed case, close contact, and asymptomatic case are 0. So the closed-loop management is effective to prevent imported infection and control domestic relapse. The distribution of entry time and report time for imported cases overseas was similar. So it is important to take closed-loop management at the port. Conclusions The risk of imported infection from the US and UK were higher that other countries and regions in Shenzhen. The closed-loop management is effective to prevent imported infection and control domestic relapse. Every country is closely connected under the background of globalization. In order to control COVID-19 outbreak, we need the collaboration and cooperation at the global, national, and subnational levels to prevent, detect, and respond effectively.


2012 ◽  
Vol 49 (3-4) ◽  
pp. 377-395
Author(s):  
Saumyajit Ray

In the presidential system of government in the United States, the President’s party has on more than one occasion been reduced to a minority in the federal legislature. The US President and the Speaker of the House of Representatives—the leader of the majority party—had often found themselves clashing on matters of policy, legislation, and executive action. This essay makes a careful selection of five House Speakers in the post-1945 period, all belonging to the ‘other party’, and explores their relations with the Presidents of their times. Out of these, only Newt Gingrich succeeded in dividing the government as never before, demonstrating that the House Speaker had the capacity to stall government altogether, something even a ‘Leader of the Opposition’ in a parliamentary system can never do.


Author(s):  
Margit Cohn

The executive branch in Western democracies has been handed a virtually impossible task. Expected to ‘imperially’ direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, the book argues that the tension between the political dominance of the executive branch and its submission to law is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' model, the executive branch is concurrently subservient to law and dominant over it, while concepts of substantive legality are compromised. Drawing on legal and political science research, the book classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law, emergency and air-pollution law, in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This innovative book, concerned with an area that has been surprisingly under-researched on a general level beyond extensive studies of national executives, offers a theoretical foundation that should ground all analyses of the arguably most powerful branch of modern government.


Author(s):  
Anika Kovačević ◽  

The author analyzes the composition, affairs and tasks of the Government, as well as the Government's attitude towards the National Assembly, the President of the Republic and the state administration, in order to more precisely normative position the Government as the bearer of executive power in the constitutional system of Serbia. The Government of the Republic of Serbia, together with the state administration, represents an extremely complex, fundamentally important system for the functioning of the institutional, legal and political order of our country. Building a legitimate and efficient relationship of cooperation with these bodies, while respecting the competencies and control mechanisms of the Government provided by the Constitution and laws, is a necessary factor in further upgrading Serbia as a state governed by the rule of law, achieving the principle of separation of powers in Serbia.


Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas

This chapter discusses what the executive branch of government is and what it does (with particular reference to the UK central government); how it relates to other branches of government—with particular reference to its relationship with Parliament; how it is held accountable, both politically and legally; the institutions and constitutional actors that make up the modern UK executive; and the considerable powers which it has at its disposal. It shows that the executive plays a pivotal role in the British constitution today, and that there are real concerns about whether it enjoys too much power—and about whether that power is subject to adequate oversight and control.


2019 ◽  
Vol 16 (1) ◽  
Author(s):  
Patrick Minford

Abstract The government of Boris Johnson has restarted negotiations with the EU over the proposed Withdrawal Agreement. If these fail the UK will exit without an agreed trade deal. This exit would not however be ‘lawless’, with unknown and chaotic consequences. Trade is governed in both the UK and the EU by WTO rules and these are highly prescriptive, preventing both sides from imposing border hold-ups and imposing arbitrary new standards on exporters whose products have long satisfied existing standards. Chaos produced by such state behaviour would be illegal and so is highly unlikely. Consequently such a ‘no deal’ would lead to the speediest Brexit, and avoid any UK financial contribution. It would also allow the rapid conclusion of FTAs with the US and other major trading partners, driving UK prices to world levels rapidly. Without an EU FTA tariffs would have to be imposed by both sides; their incidence would fall on EU traders who would have to match the world prices now prevailing in the UK market. Technically therefore no deal is the UK’s best option while it is damaging to the EU. However undoubtedly the UK would welcome a deal for reasons of good neighbourliness.


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