scholarly journals Westminster Regained: the Applicability of the Westminster System for Executive Power in India, Ceylon and New Zealand After Independence

2021 ◽  
Author(s):  
◽  
Harshan Kumarasingham

<p>This thesis investigates the applicability of the Westminster system for the sovereign executives of India, Ceylon and New Zealand. These three countries became independent in the late 1940s and though individually having different contexts share constitutional and institutional resemblances, thanks to their Westminster legacy, that allows a valuable and original triangular study. The thesis analyses the crucial first decade of independence to assess the events, decisions and political environment of these New Westminsters and how the local executives adapted and reacted to the Westminster system in this constitutionally nascent era. This thesis will examine and compare the three case studies from a common theoretical approach. Firstly, each country’s cultural background and conditions will be analysed to comprehend not only the context in which Westminster functions, but also more importantly to understand the exercise of power available within the localised social and political arena. The cultural conditions are crucial since they impact directly on the constitutional and political exercise of Westminster executive power and give an invaluable insight into how the ambiguous and flexible tenets of Westminster were interpreted in local contexts. Secondly, the concept of horizontal accountability and delegative democracy will be tested in the New Westminsters to see how well the purported checks and balances of the Westminster model operate on the executive level in the crucial nation building era. Prime Ministers are unquestionably important, but how well the Cabinet and the Governor-General (or constitutional President) operate as actors of accountability and how well all three actors conform to the Westminster cultural and institutional expectations of their office is also highly relevant. The actions and inactions of these executive actors of this early era are fundamental to the future functions and expectations of their offices. Finally, there will be an event or issue selected during this decade, which has path dependent resonance, since it would in future become critical to the operation or complexion of the country. Often this event or issue had not yet been fully appreciated, but had been allowed to develop through the employment of Westminster flexibility and power demonstrating the importance of this critical juncture period. The adaptable Westminster system was an essential element in the political development of these countries.</p>

2021 ◽  
Author(s):  
◽  
Harshan Kumarasingham

<p>This thesis investigates the applicability of the Westminster system for the sovereign executives of India, Ceylon and New Zealand. These three countries became independent in the late 1940s and though individually having different contexts share constitutional and institutional resemblances, thanks to their Westminster legacy, that allows a valuable and original triangular study. The thesis analyses the crucial first decade of independence to assess the events, decisions and political environment of these New Westminsters and how the local executives adapted and reacted to the Westminster system in this constitutionally nascent era. This thesis will examine and compare the three case studies from a common theoretical approach. Firstly, each country’s cultural background and conditions will be analysed to comprehend not only the context in which Westminster functions, but also more importantly to understand the exercise of power available within the localised social and political arena. The cultural conditions are crucial since they impact directly on the constitutional and political exercise of Westminster executive power and give an invaluable insight into how the ambiguous and flexible tenets of Westminster were interpreted in local contexts. Secondly, the concept of horizontal accountability and delegative democracy will be tested in the New Westminsters to see how well the purported checks and balances of the Westminster model operate on the executive level in the crucial nation building era. Prime Ministers are unquestionably important, but how well the Cabinet and the Governor-General (or constitutional President) operate as actors of accountability and how well all three actors conform to the Westminster cultural and institutional expectations of their office is also highly relevant. The actions and inactions of these executive actors of this early era are fundamental to the future functions and expectations of their offices. Finally, there will be an event or issue selected during this decade, which has path dependent resonance, since it would in future become critical to the operation or complexion of the country. Often this event or issue had not yet been fully appreciated, but had been allowed to develop through the employment of Westminster flexibility and power demonstrating the importance of this critical juncture period. The adaptable Westminster system was an essential element in the political development of these countries.</p>


2010 ◽  
Vol 6 (4) ◽  
Author(s):  
Harshan Kumarasingham

When New Zealand changed its electoral system from first-past-the-post (FPP) to mixed member proportional representation (MMP), the move was heralded as the end of old politics. Prime ministers and their Cabinet would no longer be the ‘elected dictatorship’. The executive would now be constrained by greater checks and balances. The two-party system that had held New Zealand politics hostage for at least 60 years would end and instead a greater diversity of interests would be represented in the House of Representatives, a House that could better hold the executive to account. This was the aim, but has it happened? This article examines recent instances of executive actions that are akin to those taken in the FFP era that MMP has been unable to eliminate. It also offers suggestions for how to increase the accountability of the executive by strengthening the constitution and other branches and offices of state. 


2016 ◽  
pp. 54-66
Author(s):  
Monika Poboży

The article poses a question about the existence of the rule of separation of powers in the EU institutional system, as it is suggested by the wording of the treaties. The analysis led to the conclusion, that in the EU institutional system there are three separated functions (powers) assigned to different institutions. The Council and the European Parliament are legislative powers, the Commission and the European Council create a “divided executive”. The Court of Justice is a judicial power. The above mentioned institutions gained strong position within their main functions (legislative, executive, judicial), but the proper mechanisms of checks and balances have not been developed, especially in the relations between legislative and executive power. These powers do not limit one another in the EU system. In the EU there are therefore three separated but arbitrary powers – because they do not limit and balance one another, and are not fully controlled by the member states.


2012 ◽  
Vol 45 (01) ◽  
pp. 17-31 ◽  
Author(s):  
Louis Fisher

From World War II to the present, prominent scholars placed their hopes in the presidency to protect the nation from outside threats and deal effectively with domestic crises. Their theories weakened the constitutional system of separation of powers and checks and balances by reviving an outsized trust in executive power (especially over external affairs) that William Blackstone and others promoted in eighteenth-century England. The American framers of the Constitution studied those models with great care and fully rejected those precedents when they declared their independence from England.


2020 ◽  
Vol 20 (2) ◽  
pp. 159-173
Author(s):  
Kumush Suyunova

Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.


Author(s):  
Nataliya M. Velikaya ◽  
◽  
Irina S. Shushpanova ◽  
Vladimir A. Afanas’ev ◽  
◽  
...  

The article analyzes the socio-political views of Russian citizens about the future of the Russian state and Russian society. Analyzing the dynamic data series of the monitoring “How do you Live, Russia?” and its last wave of November–December 2020, the authors consider the changes in mass consciousness in terms of assessing the effectiveness of the government’s efforts to ensure the most important rights, freedoms and norms of the social state and the democratic regime, which manifests itself in the attitude to the existing political system and affects the level of trust in the government, where the executive power traditionally leads. Identifying the expectations of Russian citizens about the possible development of the country in the political, economic and cultural spheres, the authors conclude that the level of socio-political optimism allows one to describe the existing political system as fairly stable, on the one hand, with a high level of legitimation, on the other with a high level of alienation of citizens from power


2019 ◽  
Vol 56 (4) ◽  
pp. 200-218 ◽  
Author(s):  
Harry Collins ◽  
Robert Evans ◽  

The risk of populism is ever-present in democratic societies. Here we argue that science provides one way in which this risk can be reduced. This is not because science provides a superior truth but because it (a) preserves and celebrates values that are essential for democracy and (b) contributes to the network of the checks and balances that constrain executive power. To make this argument, we draw on Wittgenstein’s idea of a form of life to characterize any social group as being composed of two opposing elements: an organic aspect that defines what the group has in common and an enumerative aspect that describes the differing ways in which the organic core can be displayed. Whilst the organic faces of science and democracy are clearly different there are significant overlaps that include values such as disinterestedness, universalism and honesty. This overlap in values is the first way in which science can prevent populism: by providing moral leadership. The second, its role in a network of checks and balances, also depends on these values. Science does not contribute to the checks and balances because it provides epistemically superior knowledge; it contributes because it provides morally superior knowledge that, alongside institutions such a free press, independent judiciary and additional tiers of government, support the democratic ecosystem. Failures of democracy occur when this ecosystem is damaged – too much science leads to technocracy, but too little creates the conditions for populism. To prevent this, we argue that citizens must (re)learn the value of democratic values. These include endorsing an independent judiciary and other state institutions, even when these hinder policies of which they might approve and, of particular concern in this context, recognizing that independent experts, of which scientists are the exemplar, are part of this network of checks and balances.


Polar Record ◽  
1989 ◽  
Vol 25 (152) ◽  
pp. 19-32 ◽  
Author(s):  
Peter J. Beck

AbstractIn June 1988, at the final session of the Fourth Special Antarctic Treaty Consultative Meeting in Wellington, New Zealand, the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA) was adopted, bringing to a successful conclusion six years of negotiations. Christopher Beeby, chairman of the discussions, presented the convention as the most important political development affecting Antarctica since the 1959 treaty, especially as it established the ability of the Antarctic Treaty System to reach an internal accommodation even upon matters raising serious political, legal, environmental and other issues. There remain uncertainties regarding the future development of the Antarctic minerals question; for example, when will the minerals convention and the proposed institutional framework come into effect, will its ratification encourage mining, can the fragile Antarctic environment be adequately protected against mining, how will certain key terms and concepts be defined, and will the regime's operation bring latent tensions to the surface? It is also difficult to predict how other governments will react to the convention, in the light of recent UN resolutions on Antarctica. The convention is perceived within the Antarctic Treaty system as a significant development, but it will be some time before a considered evaluation of the Antarctic Minerals Regime can be conducted.


2018 ◽  
Vol 34 (2) ◽  
pp. 397-418 ◽  
Author(s):  
Deirdre Giesen ◽  
Mario Vella ◽  
Charles F. Brady ◽  
Paul Brown ◽  
Daniela Ravindra ◽  
...  

Abstract Managing response burden is key to ensuring an ongoing and efficient supply of fit-forpurpose data. While statistical organizations use multi-faceted approaches to achieve this, response burden management has become an essential element of the strategy used by the U.S. Census Bureau, Statistics New Zealand, Statistics Canada, and Statistics Netherlands. Working in collaboration with respondents, with internal resources dedicated to provide customized approaches for large respondents and with other stakeholders (constituency representatives, associations, etc.) response burden management endeavors to minimize burden and educate stakeholders on the benefit of official statistics. The role continues to evolve with important initiatives regarding the compilation of burden metrics, improvements to existing tracking tools, and an expanded communication role.


2020 ◽  
pp. 135406882091246
Author(s):  
Miroslav Nemčok ◽  
Hanna Wass

Popular consent is an essential element for success and stability of democracies. Research has repeatedly demonstrated that “electoral winners” (i.e. voters casting a ballot for government parties) are more satisfied with democracy than supporters of the opposition parties. However, little is known about the dynamics of satisfaction during the electoral cycle: Do winners become happier and losers even more discontent over time? We approach this question by utilizing an interview date in the European Social Survey (rounds 1–8) to position individuals within the different stages of electoral cycle. The results based on 199,207 responses from 199 surveys in 31 countries suggest that satisfaction with democracy stays relatively stable during the electoral cycle across various electoral systems if the political development is predictable. However, if actions of the parties are uncertain, namely the alternations of governments tend to be frequent, partial, and opened to all parties, and hence neither winners nor losers know how steady their status is with respect to the political development in the country, their satisfaction tend to fluctuate over time. Therefore, the conclusion reached is the more stable West European democracies have limited generalizability to the low-predictable systems in Central and Eastern Europe.


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