UNIVERSITY OF THE WEST INDIES

FACULTY OF SOCIAL SCIENCES

Department of Government, Sociology, Social Work and Psychology

GOVT 2024: Contemporary Western Political Democracy

BY

Answar Street

3 April 2023

Professor Cynthia Barrow-Giles

Question Are legislatures in the US, France, and Britain too weakened? Critically

discuss.

This essay will look at the various legislatures in the United States, France, and

the United Kingdom. As a result, one of the most fundamental doctrines of liberal

democracy is the rationale for the separation of powers associated with the Westminster

political system, the American political system, and the French political system. This

essay examines some of the theories related to the struggles that led to the

constitutions of these nations while focusing on the functional separation of powers.

This essay focuses on the functional separation of powers while examining some of the

theories related to the struggles that led to the constitutions of these nations.

This essay argues that the separation of powers doctrine is directly related to the

rule of law into three governmental institutions which are the legislative, the Executive,

and the Judicial, the legislature is the lawmakers, the executive put the laws into place

and the judiciary is the one who interprets the law. The functions of each branch are

separate and carried out by separate bodies or personnel and there is no single agency

or personnel able to carry out these functions without the relevant authority there are

interdependent on each other and the division of power should also rule out absolutism

as seen as in sovereign and dictatorship where affiliates are centered by itself in

dominance or avoiding misrepresentation arising from various opportunities that these

powers have to offer. These branches are designed to keep checks and balances
between each other, each branch keeps each other from exceeding its power ensuring

the rule of law and protecting the rights of individuals.

Firstly dealing with the United Kingdom (UK) and the separation of powers.

England is different from the mainland in Europe because England is an island and was

less threatened traditionally by the neighboring countries and did not worry about

building a huge army also England has a parliamentary tradition dating back to the

signing of the Magna Carta which was signed in (1215), this document protected the

nobles and limited the power of the king, (e g) the document stated that the king only

had authority when ruling in agreement with parliament besides that his power was

limited. Parliament is a legislative body that votes on laws and taxes. The House of

Lords, which represents the Nobles, and the House of Commons, which represents

wealthy traders such as artisans and farmers, are the two representative bodies in the

United Kingdom. This was significant at the time because the underclass had a voice in

parliament however, in the time of the Magna Carta there was a tradition of cooperation

between the Monarchs and parliament, and traditionally these two groups work and

decide how to govern Britain. During the period of (1600-1625) things changes with the

emergence of a dynasty, James Stuart who was already the king of Scotland, King

James had no interest in ruling with parliament and wanted to disregard the English

parliamentary tradition, his ideas were totally different on what and how a king should

rule, just like Louie the XIV did in France King James uses divine right theory by saying

“ the reason I am the king is that god has chosen me to rule and the authority comes

from god and not from parliament”. This started the English civil war which saw Charles

I ruled from (1625-1647) where he wanted to continue to push for absolute control
middle Ages. The English parliamentary tradition, which dates back to the separation of

powers, advocates for the separation of the institutions of the executive, judiciary, and

legislature by persons and functions in order to protect liberties and avoid tyranny.

Montesquieu in his statement in 1748 stated, “When the legislative and executive

powers are united in the same person, or in the same body of magistrates, there can be

no liberty there is no liberty if the powers of judging are not separated from the

legislative and executive there would be an end to everything if the same man or the

same body were to exercise those three powers” (Montesquieu), his interpretation of the

separation of powers is that none of the three major branches should exercise the

power of the other or should any individual or member be apart of any of the two

branches, however, these institutions would be made separately and create a system of

checks and balances between them.

In the UK the powers of parliament, Government, and the courts are tangled

together, however, Constitutional reform in the United Kingdom has called the

separation of powers into question, although, there are many questions arising from

European law such as the Human Rights Act of 1998 (Hum), Professor Vernon

Bogdanor eluded to the fact that Issues that were previously decided by ministers

accountable to parliament will now be decided by courts, this has made way for

constitutional reform in the United Kingdom, Meanwhile, the prime minister is the leader

of the majority party in the House of Commons, or the person with the most votes in that

chamber. the PM remains in office until they resign or are defeated in a general election

and may also reign after losing a vote of no confidence. in the UK the executive powers

comprise a crown and the Government which includes the Prime Minister and Cabinet
ministers, the House of Commons, the Crown and the House of Lords, and the judiciary

which comprises judges in the court system. The prime minister is the leader of the

majority party's cabinet, and through party discipline, the leadership can usually ensure

that the government's policies are supported by the backbenchers. In this way, the

government has complete control over parliament's legal sovereignty of parliament.

However, in the UK Parliament is a very powerful element and, the legislature is only

one of the powers in a modern democracy, and in the executive government, the

relationship with parliament is a subtle one, Prime Minister’s power is very powerful;

they extend to the cabinet, the wider cabinet system, and the party organization, the

Prime Minister is not only the head of government and its leading spokesman, but also

the leading personality in the Commons, the initiator of important government policies,

and the government's representative both at home and abroad. The Prime Minister's

dominance, however, is not absolute, and his powers are severely limited. Britain is a

pluralistic state that claims to be a democracy, with a parliamentary government that is

accountable to the House of Commons and, ultimately, to the people. The term

pluralism implies that power is divided rather than concentrated; that authority is

distributed across multiple institutions rather than monopolized by a single one. In the

UK the powers are far from separate which can be seen most obviously and the

executive answers to parliament which the government holds office only if the prime

minister has his or her confidence in the House of Commons, however, a vote of no

confidence can be brought against the prime minister if the members have no faith in

the leadership capacity as was seen with Boris Johnson. Parliament is more powerful

than the government in the sense that it can vote down bills that are supported by
ministers, (eg) In 2019 Prime Minister Teresa May sustained one of the heaviest

parliamentary defeats of any British prime minister in the democratic era after MPs

rejected her Brexit deal by 432 votes to 202 votes she was rejected on three occasions

by the House of Commons which led to her resignation and saw Boris Johnson

appointed as the new prime minister of England. In another incident, England’s Prime

Minister Boris Johnson tries to prorogue parliament many MPs saw the move as one to

prevent them from attempting the no-deal Brexit deal which saw the speaker of the

House John Bercow “say I have no contact from the Government, but if the reports that

are seeking to prorogue parliament are confirmed, this move represents and called the

move by Johnson unconstitutional outrage, to that extent, the prime minister can advise

the Queen or King to prorogue parliament but the courts are more powerful in the sense

that they can declare the prorogation unlawful and canceled it. This saw the Daily Mail’s

article titled ENEMIES OF THE PEOPLE where three high court judges Lord Chief

Justice, Lord Thomas, master of the Rolls Sir Terence Etherton, and Lorde Justice

Sales made the decision on the Brexit deal.

The French Revolution had the effect of breaking away from the regime that was

based on the principles of absolute monarchy, which were based on the theory of divine

right and hierarchical society, the clergy, the nobility, and the remainder, which is the

third estate. For the first time since 1614, the representatives of these three estates

were summoned to meet as the estates general and transform into a national assembly

to vote in August 1789 for what was described as the abolition of federalism. the end of
old patterns of privileges and rights along with the prohibition of office sales. The

declaration of man was passed on August 26 th, this declaration, written in 1789, was an

important part of the current French constitution, which asserts the right of all men, but

not women, who did not achieve political rights until 1944, to liberty, property, security,

and resistance to oppression. It insists that the law will be the same for everyone, that

all citizens are equally entitled to its protection and equally subject to its sanctions, and

that all citizens should be eligible for positions and public employment. The declaration

also asserts religious freedom, free speech, and free publication. The church had a

special place in society under the old regime, and religious doctrine played an important

role in the monarch's legitimacy and power. During the early period of the revolution, the

clergy's privileges as landowners were removed. The pope condemned the national

assembly's vote in 1790 for the civil constitution of the clergy, which stripped the church

of its large possessions and levying rights. The French constitution went into effect on

October 4, 1958, after being approved by a referendum on September 28 with a turnout

of 84.6% in favor and 79.3% opposed.

The first republican regime began in France with monarchy talks in 1792 and was

embodied in the constitution in 1793, which was never implemented. The second

republic, which lasted until Louis-coup Napoleon's d'eltal in 1851, followed the

revolution that deposed King Louis Philippe. The defeat by the Prussians in 1870 of the

assembly hastily elected to fill the void left by the collapse of the empire of the

constitution that passed the laws in 1875 to provide the legal framework that might yet

serve the constitutional monarchy resulted in the establishment of the third republic. The

fourth republic continued with criticism that arrangements were replaced. The fifth
republic is distinguished from its predecessors by the "emergence of the presidency as

the primary factor in French political decision-making" (Knapp and Wright, 2001)

France's government is a semi-presidential system based on the fifth amendment to the

constitution, which the Prime Minister shares executive power with the president.

Parliament is made up of the Senate and the National Assembly. The president is

elected directly by voters, but all voters vote directly for members of the National

Assembly. The prime minister is the head of the government, and his or her survival is

heavily reliant on the confidence of parliament. When considering the nature of the

presidency, two factors must be considered: first, the president's rule is legitimized by

direct suffrage elections, and second, the president's relationship with the French

political elite is complex and ambiguous, expressed through political parties. The

electoral system for the presidency requires that presidential candidates be nominated

by 500 sponsors and come from at least 30 different departments or overseas

territories, with no more than 50 coming from any single department, with the intention

that the presidential candidate not be dependent on party support or come from

irresponsible groups. This is a two-ballet process; unless one candidate receives 50%

of the votes, the two front runners will advance to the second round. The first-round

voters are evenly distributed, with the leading candidates receiving a small percentage

of the vote. The Prime Minister was known as the President of the Council of Ministers

during the Fourth Republic. At first glance, the office of the Prime Minister appeared to

be one of the casualties of the Fifth Republic. In a debate in 1964, then-opposition

leader Francois Mitterrand told the Prime Minister, "You are, I recognize, a victim of the
system imposed on you." The president played a ceremonial but influential role during

the fourth republic.

The Articles of Confederation governed the United States of America (USA)

constitution, which provides for a central government of exceptional weakness that

relies on the goodwill of individual states to function. The articles of confederation were

found to be inadequate, and a meeting was held in Philadelphia in May 1787 to discuss

amending the articles of confederation. Congress had supported the call for a meeting

of delegates for the sale and stated the intention of revising the articles of confederation

and reporting to Congress as well as several legislative changes and provisions. Fifty-

five delegates met at the Independence Hall in Philadelphia for the convention, which

included Thomas Jefferson and John Adams, both of whom were rebels against the

British colonial power. Alexander Hamilton, George Washington, Benjamin Franklyn,

James Wilson, James Madison, and Gouverneur Morris were all present, and while the

proceedings were secret and orderly, minds may not have changed without

embarrassment, and many votes went unrecorded. At the Philadelphia convention,

there were some issues that were at the forefront such issues such as; the separation of

powers doctrine, the constant vigilance of each branch of government, the checks and

balances of each department, and the transparency. Some of the members voiced their

opinion about the system of government and its limitations of the government. The

constitution which emerged for the negotiations was compromised between political

institutions, some with different party interests and objectives. Delegates at the

Constitutional Convention were staunch supporters of majority rule, but they also

wanted to protect minorities from any injustice perpetrated by the majority. To

accomplish this, they divided and balanced the national government's powers into

different branches. Other fundamental constitutional goals that emerged from the

Constitutional Convention included church-state separation, individual and state rights,

popular rule, and national government supremacy. Another key device for limiting the

national government's power is the provision for the three branches to check and

balance each other's powers. The Constitution contains numerous examples of checks

and balances. Congress can pass legislation, but it must be signed or vetoed by the

president. The president has the authority to make treaties. but they must be ratified by

the Senate and a congressional law or an executive order can be reviewed by the

Supreme Court. Another example is that if a president is found guilty in a trial presided

over by the Chief Justice of the Supreme Court, the House can impeach him and the

Senate can remove him from office. The president is defined in the constitution as the

head of the executive branch of government, with a variety of powers arising from that

position. Congress is well-known for its power, but the President of the United States is

the face of the government. However, the president's roles in government are

commander-in-chief, head of state, and political leader, with one taking precedence

over the other. Presidents face high expectations, and the media does not help. Article

2 explains what it takes to become a President and what the President's responsibilities

are. The founding fathers did not want a king, they wanted someone who could convey

and enforce Congress's rule. The Legislative Branch, established by Article I of the

Constitution consists of the House of Representatives and the Senate which together

form the United States Congress. The Constitution gives Congress the sole authority to

enact legislation and declare war, as well as the authority to confirm or reject many
Presidential appointments and conduct extensive investigations. Article 25 spells out in

detail the procedures for replacing the president, or vice president in the event of death,

impeachment, or resignation. The president of the United States has immense power

but is very limited in some decision-making.

Following an introduction and analysis of the US political system, as well as

comparisons between the US and the UK and the US and France, it is possible to

conclude that the US political system is more favorable for the President to resolve

political crises. Furthermore, the President may be given additional authority and

initiatives to implement changes, pass legislation, and make final decisions.

References
(n.d.). Human Rights Act of 1998.

Elgie, R. (n.d.). The Politcis of Semi -Presidentialism.

Knapp and Wright. (2001). French Constitution ,The fifth republic. In Knapp and Wright,

French Constitution ,The fifth republic (p. 416).

Montesquieu. (n.d.). The Spirt of the laws.