COMPARATIVE MODELS

OF POLICING
JANE PACIS-ARELLANO, RCRIM, MSCJ (on-going)
INSTRUCTOR
 TABLE OF CONTENTS
Chapter I
• Policing influencing factor
• Democratic Government
• Socialist Government
• The Communist Government
• The Islamic democracy
• The justice system/types of Justice System
• The Socialist justice system
• Islamic justice system
• Law enforcement system
Chapter I: Comparative Models of Policing
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.
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.
The Government System
Government systems varies from one country to another due to
influences of cultures, practices, and religion. The government system
also evolved as civilization and technologization also develops. We
assume for the sake of academic discussion that the umbrella
influencing ideologies are;
a) Democratic system
b) Socialist system and
c) Communist system
IN FEDERAL AND UNITARY SYSTEM
Scholars increasingly maintain that it makes less differences 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 system.
UNITARY FORM OF GOVERNMENT
A unitary form of government may be defined as on in which the
powers are concentrated in the hands of a central government. There
may be local governments, but they are not free from the control of the
central government.
SALIENT FEATURES OF UNITARY
GOVERNMENT
A Unitary government differs from federal type in its organization and
many other features which are given below.
In federal form of government there is a constitutional division of
powers between the central and unit government. In unitary form
there is not such constitutional division of powers except that there
may be the delegation of authority by the central government to the
local one. In a federal government, the constitution is the supreme. It
determines the powers between the two sets of government, both of
which are equal before the constitution.
UNITARY STATE
A unitary state is a state governed as one single power in which the
central government is ultimately supreme and any administrative
divisions exercise only powers that their central government choses to
delegate.
DEMOCRATIC STATE OF GOVERNMENT
It may be in the form of Parliamentary or Presidential.
Characteristics of Parliamentary Form of
Government
A parliamentary system of government is a type of democracy. It shares
democratic features such that also occur in direct democracy such as
Switzerland or a presidential democracy such as US. Basic principles
that are common to democracies include a separation of powers, a
constitution, rule of law, free election and multiple political parties.
Although a parliamentary system includes these things, there are
specific characteristics that set it apart from other democracies.
 What is the Differences between the
Parliamentary and Presidential Systems?
PARLIAMENTARY PRESIDENTIAL
LEADER -Both roles are filled by the PRESIDENT
-Head of State and Leader are two different people
EXECUTIVES
The executive part of a parliamentary form of government includes the
Prime Minister and the Ministers. The Cabinet Ministers typically
belongs to the majority party of the parliament because they re
appointed b them. The parliament also holds the power to remove an
individual or all of the cabinet members.
PARLIAMENT
The parliament is the legislative branch of 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 ministers.
Typically, the parliament is bicameral with two houses or chambers.
However, in smaller countries, the parliament may be unicameral with
the only members of a parliamentary government that are elected by
the people.
CONSIDERATION
In a parliamentary system the parliaments holds the most power out of
other roles of the government because it rules by the majority.
Similarly, because of being ruled by the majority party, a parliamentary
form of government remains free of effective checks and balances.
PARLIAMENTARY SYSTEM
A parliamentary system is a system of democratic governance of a state
in which the executive branch derives it democratic legitimacy from,
and is held accountable to the legislature; the executive and legislative
branches are thus interconnected. In a parliamentary system, the head
of the state is normally a different person from the head of the
government. This is in contrast to Presidential system in a democracy,
where the head of the state often is also the head of the government,
and most importantly, the executive branch does not derived its
democratic legitimacy from legislature,.
 CHARACTERISTICS:
PARLIAMENTARY PROCEDURE
The Westminster system that is usually found in the Commonwealth
Nations. These parliament tends to have more adversarial style of
debate and the plenary session of parliament is more important than
committees.
Western European Parliamentary Model tends to have a more
consensual debating system, and usually has semi-circulars debating
chambers. Consensus systems have more of tendency to use
proportional representation with open party lists than the
Westminster model legislatures.
Implementation of parliamentary system can also differ on the
manner of how the prime minister and the government are appointed
and as to whether the government needs the explicit approval of the
parliament, rather than just the absence of its disapproval.
By appointment of the head of the state, without reference to
parliament: while in practice most prime ministers under the
Westminster system are leaders of the largest in parliament,
technically, the appointment of the prime minister is a royal
prerogative exercised by the monarch or the governor-general.
Appointment by the head of the state after parliament nominates a
candidate
The head of the state appoints a prime minister who has a set
timescale within which he or she must gain vote of confidence.
The head of the state appoints the leader of the largest or second-
largest political party in the Parliament as Prime Minister.
Direct election by parliament
Direct election by popular votes
GOVERNMENT SET UP OF SOCIALIST
REPUBLIC
EXECUTIVE BRANCH: Responsible for the implementation of political
economic, cultural, social, national defense, security and external
activities of the state.
President
Prime Minister
National Assembly
LEGISLATIVE BRANCH
National Assembly (500 members unicameral body elected to a 5
year term.)
JUDICIAL BRANCH
Responsible for protection of justice, human rights, citizens right,
socialist regime, interest of the state and legitimate rights and interest
of organization and individuals.
THE PEOPLE’S COURT SYSTEM OF VIETNAM
1. The Supreme People’s Court
2. The Local People’s Court
3. Military Courts
4. The People’s Organs Control
SOCIALISM VS CAPITALISM
• https://www.youtube.com/watch?v=53vmQNVBm0w