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Corporate and Business Law (LW-GLO) - For Exams from September 2023 - August 2024   

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Sections Table of Contents Confidence Levels Notes Bookmarks Highlights 1.2.3 Political Systems
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  1.2.3 Political Systems
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 Search 2.3 Political Systems
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The term “political systems” describes systems of politics and government, based on:
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who holds authority within a society and how they acquire it;
the influence of government on the economy and the people; and
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the role of religion in the state.

The following examples describe some of the more common types and their main features.
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Monarchy: The oldest form of political system is the monarchy, with society being headed
by a single ruler – whether the society be a tribal group or an empire. In modern usage,
the term means a system headed by a single hereditary ruler (e.g. a king, kaiser, czar, Category
sultan or emperor). Until relatively recent times, most states were governed as 1.2 Economic, Political
monarchies. and Legal Systems
Republic: This describes a system with a non-monarch as head of state (e.g. a president,
dictator, or consul).
Theocracy: Theocracies have no separation of church from state, and recognise a god or
deity as supreme ruler and/or that the state is governed by divine guidance or by divinely
guided officials. For example, Iran’s head of state is a cleric (currently the Ayatollah
Khamenei).
Totalitarianism: In totalitarian systems, the state has unlimited authority. It aims to
control all aspects of public and private life. The populace has little or no say in matters,
and often no electoral rights. A feature of totalitarian systems is the central presence of a
single leader or political party, and a strong political ideology reinforced through state
control. North Korea is a modern example.
Democracy: Democracy originated in ancient Greece. The Greek term “δηµοκρατια”
(demokratia) translates to mean “popular government” and reflects the principle of elected
government, under which citizens enjoy personal freedom. The electorate have choice
over whom to vote for, usually with two or more political parties offering candidates for
election.
The Westminster system: Modelled on the system which operates in the UK, the
Westminster system is a democratic parliamentary system with features which include a
“sovereign” (e.g. the King) or head of state who is separate from the head of government
(prime minister). The government is drawn largely from the legislature, which is usually
composed of two chambers, for example, in the UK:
- The House of Commons – a representative body, the membership of which is elected
(including the Prime Minister); and
- The House of Lords – not elected and not a representative body.
The sovereign/head of state is a ceremonial figurehead but also the holder of reserve
powers – such as formal responsibility for appointing the prime minister and asking
them to form a government; for opening and dissolving parliament; and for approving
new legislation.
Anarchy: Anarchist theory promotes the absence of compulsory government. This model,
by its very nature, is unsuited to more than small communities.

The systems can overlap, while others are mutually exclusive. For example, a democracy
may be a monarchy or a republic; but a monarchy is by definition not republic.

2.3.1 Separation of Powers Within Constitutional Systems


The concept of the separation of powers dates back to ancient Rome. It re-emerged as an
ideal in the eighteenth century Enlightenment, identifying a tripartite division between the
roles of the executive, the legislature and the judiciary. Most states recognise this division,
although they vary in the extent to which the three functions are truly separate.

The executive branch of government comprises the head of state and the government
organs and institutions. It is responsible for the daily administration of the state
bureaucracy, and the implementing of new law formulated by the legislature.
The legislature (e.g. parliament or congress) is the branch of government which carries
out the function of deciding and passing new laws and of repealing and modifying old
ones. Once formulated, new law usually has to be signed off and officially brought into
effect by the Executive. For example, in the UK parliament legislates but the statute
comes into effect only once it has been assented to on behalf of the sovereign (the King).

 Definition

Statute – a written law passed by a legislative body.

The judiciary describes the court system through which legal decisions are made and
enforced, and also describes the judges and other personnel who keep the system
running. Ideally, the judiciary is completely independent of the other two branches of
government. In common law and civil legal systems the judiciary has power to review and
invalidate the actions of government and other public bodies should they operate outside
their powers or unconstitutionally.

There is seldom complete separation of the three powers. For example, in many states the
prime minister and government (part of the executive) are drawn from the legislature; and the
judiciary are appointed by or in the name of the head of state. However, in democratic states
there is significant respect for the separate functions and duties of the three branches.

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