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Parliamentary And Presidential Form Of Government Essay

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Presidential and Parliamentary systems are the two possible forms of Government in a democracy. In England there is the Parliamentary system, and it has worked so well over the years that it has become a model for a number of other countries. In the U.S.A., on the other hand, there is the Presidential form of executive, and it has been working quite successfully in that country. These two forms of government have their own distinctive characteristics, and their own respective merits and demerits. A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined. In such a system, the head of government acts as de facto chief executive and chief legislator. Parliamentary systems have no clear-cut separation of powers between the executive and legislative branches, which leads to a different set of checks and balances than are found in presidential systems .Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the former being the prime minister or premier, and the latter often being a figurehead, either a president (elected by popular vote or by the parliament) or a hereditary monarch (often in a constitutional monarchy).

Presidential System Of Government
A presidential system is a system of government where an executive branch is led by a president who serves as both head of state and head of government. The executive branch is the part of government that has sole authority and responsibility for the daily administration of the state. In such a system, the executive branch exists separately from the legislature, to which it is not responsible and which it cannot, in normal circumstances, dismiss. In American constitution Article(1): of the constitution vests all legislative powers in the Congress of United States consisting of a Senate and House of Representatives. • Section (1) : Article(2) : of the constitution vest all executive powers with the President of United States of America. • Section(1) : Article (3) : of the constitution vests all judicial powers in the Supreme court. The framers of the constitution were careful not to allow any branch to gain control or usurp the power of others. Further to strengthen the Theory of Separation of Powers and to prevent any arbitrary or despotic exercise of powers by these branches, the founding fathers provided certain inbuilt checks over each other. They are : • If congress wanted to make any law , it needed President's approval to be effective . If he refuses to approve the congress could re-pass the bill with 2/3 majority of the two houses under section(7) :article(1) of the US constitution. This means that even though the constitution had provided for Presidential veto, it's misuse is being checked with this safeguard. Under section(3): article(1): of the constitution ,it empowers the congress the power to impeach high officials including the President . • Section (2): article(2) : it empowers President to make treaties , under concurrence or ratification with a 2/3 majority of senators present . President is also empowered to appoint any high ranking officials like judges of federal court, secretaries with the advice and consent of senate. • The judiciary has also been vested with powers like any laws passed by either congress or by the president can be declared invalid by the court .This is known as "judicial review" , and because of these powers the US judiciary is being regarded as one of the powerful judiciaries in the world . Thus one department has been juxtaposed with each other so as to act as a check on the exercise of powers of each so as to maintain the balance of power. This system is called ' the system of CHECKS AND BALENCES". This is an integral part of the US constitution. The whole structure is built on ' SEPARATION OF POWERS", and CHECKS AND BALENCES, which is a part and parcel of it .This is to ensure that no part would arbitrarily or in a capricious manner danger the liberties of the people. The US , constitution vests executive powers in the hands of one individual , that is the President of United States Of America. His powers are so enormous, wide and overwhelming that he has been described as the, "foremost ruler of the world". The American President is not bound down by any cabinet. He chooses his own cabinet, which is at best his personal team of advisers. " the president exercise largest amount of authority ever and as wielded by any man in democracy". This system is called PRESIDENTIAL SYSYEM OF GOVERNMENT. American President in respect of his powers is best compared to the Prime minister of the parliamentary democracies enjoying the support of a stable majority in the legislature; he is rather head of the state and the responsible head of the government. In many other nations, there is a chief of state whose duties are largely protocol in nature while the Prime Minister is the center of power. But the American President is the nation's principal spokesman of both domestic and foreign policy.

History of presidential system of government

The presidential system has its origins in the monarchies of medieval Europe. Like a king, the president retains executive authority over the state and government. The system took its modern form following the publication of "The Spirit of the Laws" in 1748 by French philosopher Charles de Secondat, better known as Baron de Montesquieu. He introduced the concept of the separation of powers, a political doctrine that nearly 40 years later influenced the Founding Fathers of what became the United States. The United States Of America, in the 17th century there existed 13 small colonies populated by English men and were independent and self- governing, acknowledging the nominal supremacy of the British crown. They set up their own assemblies, councils, and boards to govern themselves. In July 4th 1776, the leaders of these colonies met at Philadelphia and adopted ' DECLARATION OF INDEPENDENCE ". In 1777, the colonies gave themselves a legal charter by framing "ARTICLES OF CONFEDERATION AND PERPETUAL UNION". But the British parliament was on collision course with these colonies and American War Of Independence broke out which ended on 1783 with the acceptance of Britain the independence, sovereignty , and freedom of the colonies .But other problems like defending against external aggression , regulation of trade and commerce, relation between outside world , finding satisfactory solution to problems made the colonies to decide to have , "a more perfect union to protect themselves from foreign aggression and to secure blessings of liberty to themselves and their posterity". It was at this time that Monstesquiau , a French jurist published a book known as "ESPRIT DES LOIS" , in which he put forward the Theory Of Separation Of Powers . This had a profound impact on the colonies. In that he says," whenever the executive and the legislative powers are united in the same person , or in the same body of magistrates , there can be no liberty. Again, there can be no liberty if the judicial power is not separated from the legislative and executive; were it joined with the legislative , the life and liberty of the subject would be exposed to arbitrary control , for the judge would then be a legislator ; were it joined to the executive , the judge might behave with violence and oppression . There would be an end of everything were the same men or the same body whether of nobles or the people were to exercise these three powers that of enacting laws, that of executing the public resolutions and trying the causes of individuals". This along with the views of John Locke which was put forward by him prior to Montesquieu in Second Treatise on Civil Government in the year 1690 in which he said : " it might be too great a temptation to human frailty , apt to grasp at power , for the same person who have power of making laws , who have also in their hands the power to execute them whereby they may exempt themselves from the burdens of the laws they make , and suit the law both in its making and execution , to their own private advantage ". These all made Madison , a great lover of democracy and one of the founding fathers of American Constitution to observe: "accumulation of powers in a single hand is a very definition of tyranny". As a result of this several colonies adopted Theory Of Separation Of Power in their own constitutions. Having found that it could work well they thought whether they could transplant these theory from colonial to the national field . They hit upon an idea of creating three coordinate independent authorities namely, the legislature, the executive , the judiciary, and endowing them with full powers in their own spheres , with in limits of constitution . In fact in the US constitution several provisions have been provided to ensure this. As we have mentioned earlier section 1 article 1, section 1 article 2, section 1 article 3 and section 2 article 2.

Features of presidential form of government

1. President is the Real Head:
In the Presidential system, the President is the real head. He is the head of state as well as the head of government. He is elected for a fixed tenure and except impeachment for the violation of the constitution; he cannot be removed from his office before the expiry of his term. In a parliamentary government, president is only the constitutional head of the state. The real power are vested with the prime minister. yet the Prime minister can be removed only through a vote of no- confidence by the Parliament. In a presidential government there is no prime minister. The secretaries help the president in the administration and they are appointed by him on the basis of ability. It depends upon the will of the president to accept or reject their service. In a parliamentary government, though...

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