CHAPTER 1

COMPARATIVE MODELS
IN POLICING

Matters to ponder:
When an issue is relative there are no specific answers only generalization. But these
generalizations should be the benchmark where to start gaining in-depth knowledge.

Chapter Objectives:
After completing the course the learners will be able to:
1. Internalize how policing system develops based on different influencing factors.
2. Connect these processes so as to put into practice these models of policing
systems by the time they come in to the service.
3. Gain in-depth knowledge how policing system evolved.

1
INTRODUCTION

This issue is the revision of the first book entitled “comparative police system”.
Since the new CMO 05 S 2018, modifies the title into “comparative models in
policing”. Nevertheless, the concept should not change because how can one
understand the perspectives of policing system when the learning is limited only on the
organization and ranking system. The operational concept will be vague to the learners
and the same question as to why there are various systems of policing across nations
and states will remain un-answered.

It is therefore the objectives of this book to lay down the foundations as to how and why
police systems in different jurisdictions differ from each other and with these differences
how can there be a global policing possible. We should not limit the understanding and
knowledge of our future police officers as merely instrument of the people in
government to serve their orders but we should develop and train thinking and
innovative law enforcers that can weigh circumstances and make right decisions at
every given time.

I want to reiterate that every policing system dependent of the government and
justice system of every given jurisdiction. There will never be uniform or more superior
police system that can be argued of, if the peace and order in a given country or state is
stable that is due to the political situation and the process of treatment of offenders are
being handled, the police are just instruments in the implementation of these policies.
Never that there is a law enforcement system that is independent from its government
since the objective of policing is to implement the laws of the state no more no less. It
cannot be that the police have their own rules and laws to implement outside of the
statues passed by the government otherwise there will be an opposing force on both
ends.

2
 Literally police system is the requirement of the justice system implementation of
the statute. These are inseparable and knowing that there are several government
system brought about by different forces which include ideologies and religion this
resulted into different justice system but all the objective of regulating the behavior of the
community.

With this perspective, let us then explore the hereunder area of study. The
student and faculty, please do not limit your study on the content of this book; this may
serve only as a road map of a broader studies. You are all given the freedom to explore
more following the sequence of learning so as to make the flow of study properly guided
for better learning outcomes,

This course introduces to the learner different fundamental concept in the policing
system. It is worthy to note that policing system varies depending on the following
influencing factors;

1) The system of Government,

2) The justice System and,
3) The Organizational Set-up,

POLICING INFLUENCING FACTORS

It is worth necessary to study rationale of the different government system as a

foundation to understand how a country manage and regulated. Where the regulating is
known as the Justice System is being carried out by its implementing arm, The Law
enforcement which we colloquially called police. These series of Knowledge cannot be
ignored if we are to understand the police system and be able to compare them.

3
 The Government System-Government system varies from one country to another
due to the influences culture, practices and religion. The government system develops.
Although theoretically, government system primarily are base on prevailing ideology
where these ideologies are also derive from different sources. We assume for the sake
of academic discussion that the umbrella influencing ideologies are;

a) Democratic system,
b) Socialist system and
c) Communist system.

These three umbrella ideologies shaped different forms of government today that also
influence the development of their justice system depending on how they see fitting in
regulating its constituency.

General governmental set-up may either Unitary or Federal.

In Federal and Unitary Systems

Scholars increasingly maintain that it makes less difference whether a system is
federal or unitary, despite legal differences. Patterns of operation show similar trends.
Nevertheless, because constitutional frameworks make one different some important
distinctions need to be maintained. Federal systems unite smaller polities within an
overarching political system by distributing and guaranteeing power between the
general and constituent governments in a manner designed to protect the existence and
authority of both national and sub national systems (Elazar 1987b).

Federalism as self-rule and shared rule, in which federal theory holds that the
people delegate powers to different governments serving different arenas.

4
 Literally police system is the requirement of the justice system in the
implementation of statutes. These are inseparable and knowing that there are several
government systems brought about by different forces which includes ideologies and
religion this resulted into different justices system but all with the objective of regulating
the behavior of the community.

With these perspectives, let us then explore the hereunder areas of study. To the
students and faculty, please do not limit your study on the content of this book; this may
serve only as a road map of a broader studies. You are all given the freedom to explore
more following the sequence of learning so as to make the flow of study properly guided
for better learning outcomes.

This course introduces to the learners different fundamental concepts in the policing
system. It is worthy to note that policing system varies depending on the following
influencing factors:

1) The system of Government,

2) The justices system and,

3) 3) The organizational set-up.

POLICING INFLUENCING FACTORS:

It is worth necessary to study the rationale of the different government systems as a
foundation to understand how a country is managed and regulated. Where the
regulating system is known as the Justice system being carried out by its implementing
arm, the Law enforcement which we colloquially called police. These series of
knowledge cannot be ignored if we are to understand the police systems and be able to
compare them.

5
6
7
8
What is the Parliamentary System? The Differences between
Parliamentary & Presidential Systems

a. Leaders - In a parliamentary system of government, the Head of State and the

leader of the government are two different people, as opposed to a presidential
system where both roles are filled by the president, or a direct democracy where
these roles are filled by the people through voting on referendums. Often times
the head of the government is the Prime Minister and the head of state is part of
a monarchy. For example, the United Kingdom is a constitutional monarchy which
operates under a parliamentary form of government with a Prime Minister and the
Queen of England as the head of state.
b. Executives - The executive part of a parliamentary form of government includes
Prime Minister and a group of advisers, often referred to as ministers individually
or the Cabinet collectively. The Cabinet of Ministers typically belongs to the
majority party of the parliament because they are appointed by them. The
parliament also holds the power to remove an individual or all of the cabinet
members. Additionally, cabinet members must be elected members of parliament.
They take on executives powers in addition to their legislative role in parliament.
c. Parliament - The parliament is the legislative branch of a parliamentary form of
government. They are responsible for debating and voting on laws. If there is a
majority, the bill will instantly become a law because it does not need the
approval nor can it be vetoed by the prime minister. Typically the parliament is
bicameral with two houses or chambers. However, in smaller countries the
parliament may be unicameral with only one house. The members of parliament
are the only members of a parliamentary government that are elected by the
people.
d. Considerations - In a parliamentary system the parliament holds the most power
out of other roles of the government because it rules by the majority party, a
parliamentary form of government remains free of effective checks and balances.
In the event that a majority is not formed, the parliament may be dissolved by the
prime minister and new elections would be held. Conversely, if the parliament is
unhappy with the prime minister, they may vote to remove him.
e. Parliamentary system - A parliamentary system is a system of democratic
governance of a state in which the executive branch derives its democratic

9
 legitimacy from, and is held accountable to, the legislature (parliament); the
executive and legislative branches are thus interconnected. In a parliamentary
system, the head of state is normally a different person from the head of
government. This is in contrast to a presidential system in a democracy, where
the head of state often is also the head of government, and most importantly, the
executive branch does not derive its democratic legitimacy from the legislature.

Countries with parliamentary systems may be constitutional monarchies, where a

monarch is the ceremonial head of state while the head of government is almost always
a member of legislature (such as United Kingdom, Sweden and Japan), or
parliamentary republics, where a mostly ceremonial president is the head of state while
the head of government is regularly from the legislature (such as Ireland, Germany,
Pakistan, India and Italy). In a few parliamentary republics, such as Botswana, South
Africa and Suriname, as well as German states, the head of government is also head of
state, but is elected by and is answerable to the legislature. (Jessica Morelock, eHow)

10
Characteristics: Parliamentary Procedure
A parliamentary system may be a bicameral system with two chambers of parliament
(or houses): an elected lower house, and an upper house or Senate which may be
appointed or elected by a different mechanism from the lower house. Another possibility
is a unicameral system with just one parliamentary chamber.

➢ The Westminster system that is usually found in the Commonwealth Nations.

These parliaments tend to have a more adversarial style of debate and the
plenary session of parliament is more important than committees. Some
parliaments in this model are elected using a plurality voting system (first past the
post), such as the United Kingdom, Canada, and India, while others use
proportional representation, such as Ireland and New Zealand. The Australian
House of Representatives is elected using instant-runoff voting, while the Senate
is elected using proportional representation through single transferable vote.
Regardless of which system is used, the voting systems tend to allow the voter to
vote for a named candidate rather than a closed list.

➢ The Western European parliamentary model (e.g. Spain, Germany) tends to

have a more consensual debating system, and usually has semicircular debating
chambers. Consensus systems have more of a tendency to use proportional ----

11
representation with open party lists than the Westminster Model legislatures. The
committee W these Parliaments tend to be more important than the plenary chamber.
Some West European countries parliaments (e.g. in the Netherlands and Sweden)
implement the principle of dualism as a form of separation of powers. In countries using
this system, Members of Parliament have us resign their place in Parliament upon being
appointed (or elected) minister. Ministers in those countries usually actively participate
in parliamentary debates but are not entitled to vote.

➢ Implementations of the parliamentary system can also differ on the manner of

how the prime minister and government are appointed and as to whether the
government needs the explicit approval of the parliament, rather than just the
absence of its disapproval. Some countries as India also require the prime
minister to be a member of the legislature, though in other countries this only
exists as a convention.

➢ By appointment by the head of state, without reference to parliament: While in

practice most prime ministers under the Westminster system (including Australia,
Canada, New Zealand, India and the United Kingdom) are the leaders of the
largest party in parliament, technically the appointment of the prime minister is a
royal prerogative exercised by the monarch or the governor-general. No
parliamentary vote takes place on who is forming a government, but since
parliament can immediately defeat the government with a motion of no
confidence, the head of state is limited by convention to choosing a candidate
who can command the confidence of decision. parliament and has little or no
influence in the decision.

12
Appointment by the head of state after parliament nominators a candidate: Example:
Japan, where the Emperor appoints the Prime Minister on the nomination of the Diet.
The Republic of Ireland where the President of Ireland appoints the Taoiseach on the
nomination of the Dail Eireann.

The head of state nominates a candidate for prime minister who is then who is then
submitted to parliament for approval before appointment as prime minister :Example:
Spain, where the king sends a nomination to parliament for approval, Also Germany
where under the German Basic Law (constitution) the Bundestag votes on a candidate
nominated by the federal president. In these cases, parliament can choose another
candidate who then would be appointed by the head of state.

The head of state appoints a prime minister who has a set timescale within which
she/he must gain a vote of confidence: (Example: Italy, Thailand)

The head of state appoints the leader of the largest or second-largest political party in
the Parliament as Prime Minister: (Example: Greece)

Direct election by parliament: (Example: Papua New Guinea, Pakistan. In Sweden,

the Prime Minister is appointed by the Speaker of the Riskdag.)

Direct election by popular vote: (Example: Israel, 1996-2001, where the prime
minister was elected in a general election, with no regard to political affiliation.)

13
Furthermore, there are variations as to what conditions exist (if any) for the government
to have the right to dissolve the parliament.

In some countries like Denmark, Malaysia, Australia and New Zealand, the prime
minister has the de facto power to call an election at will. This was also the case in the
United Kingdom until the passage of the Fixed-term Parliaments Act 2011.

- In Israel, parliament may vote in order to call an election or pass a vote of no

confidence against the government.
- Other countries only permit an election to be called in the event of a vote of no
confidence against the government, a supermajority vote in favor of an early
election or prolonged deadlock in parliament. These requirements can still be
circumvented. For example, in Germany in 2005, Gerhard Schroder deliberately
allowed his government to lose a confidence motion, in order to call an early
election.
- In Sweden, the government may call a snap election at will but the newly elected
Risksdag is only elected fill out the previous Riskdag’s term. The last time this
option was used was inn1958.
- Norway is unique among parliamentary systems in that the Storting always
serves the whole of its four-year term.

The Parliamentary system can be contrasted with a presidential system which operates
under a stricter separation of powers, whereby the executive does not form part of, nor
is appointed by, the parliamentary or legislative body. In such a system, congresses do
not select or dismiss heads of governments, and governments cannot request an early
dissolution as may be the case for parliaments.

There also exists the semi-presidential system that draws on both presidential system
and parliamentary systems by combining a powerful president with an executive
responsible to parliament, as for example the French Fifth Republic.

Parliamentarianism may also apply to local governments. An example is the city of Oslo,
which has an executive council (Byradi) as a part of the parliamentary system.

14
THE SOCIALIST GOVERNMENT
Socialism - is an economic and political system. It is an economic theory of social
organization. It believes that the mean of making, moving and trading wealth should be
owned and control by the government as a whole. This means the made belongs to the
people who make thing, instead of a group of a private owners. People who agree of
this type of system are called socialists. Socialism developed in opposition to the
abuses of liberal individualism and capitalism. Under early capitalist economics during
the late 18th and 19th centuries, western European countries experienced industrial
production and compound economic growth at a rapid pace. Some individual’s families
rose to riches quickly, while others sank into poverty, creating income inequality and
other social concerns.

The only common characteristics of socialist doctrines is their ethical content. Socialism
is the pursuit of ideas of social cooperation, universal welfare, and equality – ideas
brought together by a condemnation of the evils and injustices of capitalism. It is based
on the critique of individualism and depends on a ‘belief in group action and
“participation”, and collective responsibility for social welfare’

15