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Book Author Introduction to Political Science Prof. Dr. Muhammad Sarwar Political Science - Theory and Practice Mazhar ul Haq Pol. Science → Greek word polis Political Science studies the authoritative allocation of values in a society. Prof. David Easton: 1) Political Science deals with the state and the government and with all those laws which are made for the internal security of the state and keep the external dangers away. General: 2) Politics: who gets what, when and how. Dr. Harold Lasswell: 3) Encyclopedia Britannica: 4) Dr. Garner: 5) Definitions: 07 October 2013 09 2013 10:55 PM Political Science Page 1

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Page 1: 07 October 2013 -   · PDF fileIslamic Concept of State 04 November 2013 ... Sovereignty is absolute from the legal point of view. 1. Absoluteness ... Kinds of Sovereignty

Book Author

Introduction to Political Science Prof. Dr. Muhammad Sarwar

Political Science - Theory and Practice Mazhar ul Haq

Pol. Science → Greek word polis

Political Science studies the authoritative allocation of values in a society.Prof. David Easton:1)

Political Science deals with the state and the government and with all those laws which are made for the internal security of the state and keep the external dangers away.

General:2)

Politics: who gets what, when and how.Dr. Harold Lasswell:3)

Encyclopedia Britannica:4)

Dr. Garner:5)

Definitions:

07 October 201309 2013

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Building Blocka.

Family → Tribe → Society1.

State2.Government3.

Legislature ( )a.

b. Executive ( )

Judiciary ( )c.

Political Institutions4.

NGOsa.

Associations and Organisations5.

International Relations6.Political and Economic Aspects7.Communicational and Satellite Revolution8.

Exceptional viewProf. David Easton + Trueman + Almond

Behaviours of Individuals9.

Mutual Relations of Individual10.

Socialisma.Communismb.Fascismc.Capitalismd.

Political Concepts11.

Scope of Political Science

08 October 201314 2013

1:34 AM

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Analysis of the Past12.Study of the Present13.Understanding the Future Course14.

Study of Rights and Duties15.

Scope of Political Science

Gettle:

UNESCO: United Nations Educational, Scientific and Cultural Organisations.

A Science ( )1.

Specialisations2.Social Science3.New directions4.Pressure Politics5.Public Opinion6.

Q= Nature of Political Science

The Politics○

Aristotle

Q= Is Political Science a science?

Jellick1.Sir Frederick Pollock2.Burgees3.Aristotle4.Bodin5.Hobbes6.

Political Science should be made a science:

Lord Bryce1.Buckle2.J. S. Mill3.Bismarck4.Maitland5.Augusta Comte (French thinker)6.Walter Lippmann (American educationist and philosopher)7.

Political Science is not a science from any aspect:

09 October 201314 2013

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A branch of knowledge dealing with fact or truth, systematically arranged, and showing the operation of general laws.

Science:

Robert Field:

Absence of Laboratories1.Absence of Solid and Universal Principles2.Absence of Authenticated Terminologies3.Difference in Method of Research4.Contradiction in Habits and Emotions5.

Arguments in opposition:

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Law of Libertya.Power of Sovereigntyb.Rule of Lawc.Democracyd.

Uniform Terminologies and Principles1.

Aristotle:

Exploitation, poverty and depression make the way for dictatorship.

The Rule of ups and downs.Ibn e Khaldun

All societies and governments are experiments and observations

Experiments ( ) and Observations ( ):2.

Every change, battle and law of the government is an experiment for Political Science.

Gill Crist:

Solid and Universal Principles ( )3.

Karl Marx:

Not 100% result

Astronomy ( ), Metrology ( ) and Geography ( ):4.

Aristotle

Ibn e Khaldun:

Predictions ( ):5.

Arguments in Favour

Although Political Science is not a pure science like natural sciences (Biology, Chemistry, Physics) but still it could be counted as a social science like others (Economics, Psychology, Sociology).

Conclusion:

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Relations with Social Sciences

Political Science and History

Laboratory ( )1.Common Topics ( )2.Evolution of Institutions and Theories3.Inseparable ( )4.

History without political science has no fruit; Political Science without History has no root.John Seeley

Lord Acton

Sequence-wise study1.Study of the Past2.Scope3.

Differences:

Political Science and Economics

Political Economy○

Same subject in the Past1.

Economic Background of Political Theories ( )2.International Effects ( )3.Effects of Economic Changes4.Concept of Welfare State ( )5.Effects on Ethics and Character6.

Economic and Political Aspects ( )1.Differences:

Conclusion ( )

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Political Science and Ethics

Laws and Ethics ( )1.

Both are social sciences.

Social Sciences ( )2.

Kant:

Standard Subjects3.Religions and Ethics4.Ethical Aspects of Rights and Duties ( )5.Purpose of State6.

Internal and External Aspects1.Universality ( )2.Philosophy (Ethics) and Practical (Pol. Sci.)3.The Present World and the Next World4.

Differences:

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Political Science and Sociology

Sociology is called the mother of social sciences.

Institutions•Conventions•Economics•Ethics•

It includes:

Social Sciences1.Common Topics2.Whole (Sociology) and Part (Pol. Sci.)3.

Magna Carta○

Guidance from Sociology4.

Inseparable5.

Ibn-e-Khaldun○

Montesquieu○

Sociological Method6.

Sociology ↑

Political Science ↓

Scope1.

Political Science

Thorough Study2.

Sociology → PastPresent

Political Science → PastPresentFuture

Planning for future3.

Psychological Method4.

Differences:

Public administration(i)International Relations(ii)Sparta + AthensLocal Government(iii)Lord Rippon → Basic DemocracyPolitical Theories(iv)Comparative Politics(v)

Sub-Fields:

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State

The state is in itself an ethical force and a high moral good.Treitschke:

The state is a product of society at a certain state of development.Angels:

English version of this definition is on page '29 October 2013'.

Gettle:

Aristotle○

Rousseau○

Plato (5040)○

Population ( )1.

Vatican City → population: 839 (July 2013); area: 110 acres (44 ha)Monaco → population: 36,371 (2011); area: 2.02 kilometer squareNoru → 12000Andora → population: 7,657 (31 Dec 2010); area: 31.61 km. sq.

Smallest states:

Territory ( )2.Russia has the largest territory i.e. 170,75,400 sq. km.

Elements of the State

Legislature○

Judiciary○

Executive○

Government3.

Internal sovereigntya.External sovereigntyb.

Sovereignty4.

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He considers state as an organised collective entity of the individuals, occupying a particular territory, free from external control, and having their own government, the letter is vested legislation but is also empowered to implement law over individuals and their associations.

Gettle:

regards state as a territorial social organisation consisting of ruler and ruled and which commands supremacy over all institutions within its territorial boundaries.

Laski:

Functions of the State ( )

Maintenance of Law and Order1.Defense2.Administration of Justice3.

Conduct of Foreign Affairs4.

Primary Functions

Economic Planning1.Social Security ( )2.Transportation and Communication3.Promotion of Health and Education4.Regulation of Trade and Industry5.

Secondary Functions

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Security of Life6.Secondary Functions of the State

Welfare State ( )

Laski has defined welfare state as a polity that provides to its people socio-economic opportunities and means on wider scale for social welfare.

Laski (Father of the Welfare State):

Kant:

Welfare1.Provision of Basic Needs of Life2.High Standard of Life3.Safeguard and Liberty4.Best Social Atmosphere5.Agricultural Development6.Social and Ethical Reforms7.

Features of a Welfare State

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Q: Western and Islamic Concept of State

Western Views

The state is God's march on the earth.Heagle:

considered state as a natural institute which is for the human being to build their character and to provide the necessities of life.

Aristotle:

State is an end itself and this end is the most superior.Idealist:

State is a form of the alliance of Lords. State is never confidered a means or the welfare of the state. State is not a natural and original organisation.

Karl Marx

deny the existence of state. They consider state as an evil but they always try to use efforts to destroy the existence of state.

Anarchist

Khilafat.

Advisory Council ( )

Government1.

Internal Sovereigntya.External Sovereigntyb.

Sovereignty → Allah2.

Charity or Almsgiving ( )3.Population4.Territory5.

Islamic Concept of State

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Introduction to Sovereignty

The word sovereignty is derived from the Latin word "superanaus" which means supreme.

Sovereignty is an essential element of state. State cannot exist without sovereignty. State is regarded superior to other associations only because of sovereignty. In fact, modern theory of state got its proper shape and perfection only when the concept of sovereignty was introduced in it. When we try to search for the origin to this concept we find that the term sovereignty is the product of modern political thinking but the ideas go back to the time of Aristotle who referred to it as the supreme power of the state.In middle ages, Roman jurist and civilians were also familiar to this idea but it was Jean Bodin (1530-1596)who developed for the first time the theory of sovereignty, systematically, in his book, 'De la republica'.

Definitions

In its original and only specific meaning, sovereignty means supreme authority.Kelsen

Sovereignty is the supreme power over citizens and subjects unrestrained by law.Jean Bodin

says that sovereignty is that power which is neither temporary nor delegated nor subject to particular rules which it cannot alter nor answerable to any other power on the earth.

Pollock

described the sovereignty as original, absolute, unlimited power over the undivided subjects over all associations subjects. It is the un-derived and independent power to command and compel obedience.

Burgees

Sovereignty is legally supreme over any individual or groups. It possesses supreme coercive power.

Laski

So, we can say that the above definitions may differ from each other but one thing is very clear and there is no doubt; the superior authority of sovereignty.

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Attributes (Features) of Sovereignty

Sovereignty is absolute from the legal point of view.

Absoluteness ( )1.

Indivisibility ( )2.

says that sovereignty is indivisible. Sovereignty can not be divided between or shared by a plurality.

Jellick

If sovereignty is not absolute, no state exists. If sovereignty is divided more than one state exists. But, with the emergence of the concept of federalism, the idea of dual sovereignty was provided by Tocqueville, Wheaton and Halleck.

Gettle

Russia → 15 States in 1990Creation of Bangladesh → 16th December 1971

Czechoslovakia → The Slovakia Republic and Czech Republic → 31 December 1992

All-Comprehensiveness ( )3.

Sovereignty of the state is universal. It extends to all within its territory.Burgees

Sovereignty is permanent. It lasts as long as its state. Change in government does not end sovereignty but only transfers it to the next bearer.

Permanence ( )4.

Sovereignty is exclusive state and alone has the sovereign authority and legitimate power to make citizens obey its dictate. It is again important to note all these attributes of sovereignty are peculiar to the legal nation of sovereignty. They are best representative by an absolute monarchy.

Exclusiveness ( )5.

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Attributes (Features) of Sovereignty

1956 → America bought Alaska

1958 → Huawei

Sovereignty is inalienable. Sovereignty of the state cannot be given away without destroying the state.

Inalienability ( )6.

Hong Kong

Kargil

Imprescriptibility ( )7.

Kinds of SovereigntySovereignty can be classified into different kinds. This classification is based on the location of sovereignty.

By Titular sovereignty, we mean sovereignty by the title only. It refers to the sovereign powers of the king or monarch who has ceased to exercise any real authority. In theory, he may still possess all the power but in practice sovereign power is enjoyed by some other person or body of persons. Titular sovereign is only a symbol of authority; a legacy of the past. The Britain presents a good example of titular sovereignty. The king is the titular head and he does not enjoy any real power. Actual powers are enjoyed by the parliament or cabinet. In India, the president is the titular sovereign and the cabinet is the real sovereign.

Titular and Actual Sovereignty ( )1.

The Congress of USA.

The Queen of Britain and its parliament

The legal sovereignty is always definite and determinate.1)It may reside either in one person or in a body of persons.2)Rights of citizens are a gift of legal sovereignty.3)The will of state is expressed by the legal sovereignty only.4)

Legal sovereignty grants rights to its citizens and there can be no rights against it. It means rights to citizens depend on the will of legal sovereign and, anytime, he can take them away. Legal sovereignty has following attributes

Legal and Political Sovereignty ( )2.

Dejure Sovereignty (by law)3.De Facto Sovereignty (in fact - )4.

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Islamic Concept of Sovereignty

•2:20

•2:255

Caliphate ( )1.

•7:128

3:26

Rule of Law2.

Rights and Liberty3.

Advisory Council ( )4.

System of Accountability ( )1.

Tolerance and Understanding2.

•42:38

Attributes of Islamic Sovereignty

Absoluteness ( )1.

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Unique Capacity/Exclusiveness ( )2.

Permanency3.

•55:26-27

2:255

Not transferable4.

Universality/All-Comprehensiveness ( )5.

7:54

•40:64

Powerness6.

•2:165

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Kinds of Sovereignty

Political Sovereignty5.

All these influences are the real power behind the legal sovereign and this is called political sovereignty. As Professor Gill Crist says, the political sovereignty is the sum total of the influences in the state which lie behind the law. The political sovereignty is not known to law. In modern representative democracy, political sovereignty is very often identified with either the whole mass of the people or with electorate or the public opinion. The legal sovereignty cannot act against the political sovereignty.

Background of legal sovereignty

Popular Sovereignty6.When the sovereignty resides in the people of the state, it is called as popular sovereignty. This theory was expounded by Rousseau. When this letter became the slogan of French Revolution, the doctrine of popular sovereignty regarded people as the supreme authority. It is people who decides right or wrong. People are not bound by any natural and divine law. Government exists only as a tool for the good of the people. It should be held directly responsible to the people. Will of the people is not ignored. Popular sovereignty is the basis of modern democratic system

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Federal Form of Government

This word is also derived from the Latin word foedus

Federation means an association of states forming a new one. It is an organisation of states that gives birth to a new union.

Hamilton:1)

It is a convention through which different states organise themselves into a wider union.

Montesquieu2)

Definition:

It is a political contrivance intended to reconcile national unity with the maintenance of state rights.

Professor Dicey3)

A group of states with a central government but independence in internal affairs, e.g. the Russian Federation.

Definition by Oxford Dictionary

Salient Features/Attributes/Characteristics

In a federal government, the powers of administration are divided between the center and the units. The powers may be distributed in one of the two ways. Either the constitution states what powers federal authority shall have and leaves the remainder to the federating units. The remainder is generally known as residuary powers. The first method was employed in America and second in Canada

Division of Powers1.

Basic Principles ( )i.Principle of Concurrent powersii.

The constitution is the supreme law in federation. Neither the central government nor the government of the units can go against its spirits.

Supremacy of the Constitution2.

A federation must have a written constitution which is not easily changeable. A federation is a political partnership of various states and, consequently, there must be a written constitution. Unless it is a written, disputes may arise between the two sets of government regarding their jurisdiction.

The constitution of a federation should be better rigid so that it could be regarded as a

Written and Rigid Constitutions ( )3.

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The constitution of a federation should be better rigid so that it could be regarded as a sacred agreement, the spirit of which can not be easily violated.

India•Pakistan•USA•Canada•Germany•Australia•Russia•

Countries with federal government:

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Salient Features/Attributes/Characteristics

In a federation, there are possibilities of constitutional disputes, arising between the center and the units or between one unit and another or between the citizens and the government. For this purpose, independent judiciary, with wide powers, must be established. It should act as the custodian and guardian of the constitution.

Independent Judiciary ( )4.

Citizenship in a federal state has dual interest and citizens should be given rights of dual citizenship. Citizenship of the state wherein they are domiciled and citizenship of federal state as a whole.

Double Citizenship ( )5.

In a federation, legislature should be bicameral; consisting of two chambers. The people and the units should be given representation separately; people in the lower chamber while the units in the upper chamber, on equality basis.

Bicameral legislature ( )6.

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Every province has political, social and economical problems peculiar to the region itself. Provincial government representative live in close proximity to the people and, or the most of the times, from the same community so that they are in a better positions to understand these problems and offer unique solutions for them.

1.

Federalism offers equal representation to different population. Citizens of various provinces may have different aspiration, authenticity and follow different cultures. The central government can sometimes overlook these differences and adopt policies. Local needs, tastes, and opinions are given due consideration by the state government. Right of the minorities are protected to e.g. in states like Arizona, where there is large Hispanic population, and therefore, a large number of schools provide bilingual education.

2.

State government has the freedom to adopt policies which may not be followed nationally or by any other state, e.g. same-sex-marriages are not recognised in the federal government of US but they are given legal state within the states of Connecticut Lover Mont.

3.

Division of work between the central and regional governments leads to optimum utilisation of recourses. The central governments can focus on International affairs and defense of the country while the provincial government can cater to the local needs.

4.

Federalism has room for innovation and experimentations. Two local governments can have two different approaches to bring reforms in my area of public domain, be it taxation or education. The comparison of the results of these policies can give a clear idea of which policy is better and, thus, can be adopted in the future.

5.

Advantages of Federalism

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Suitable for large states1.Strong government2.Benefits of distribution of works3.Enhancement in national dignity4.Prevention of absoluteness5.World State6.Opportunities of experiments7.Combination of unity and autonomy8.Suitable for the cultures of all the regions9.

Merits of Federalism

Demerits (Disadvantages of Federal System)

Sharing of power between the center and the states creates confusion. Sometimes, there can be overlapping of work and subsequent confusion regarding who is responsible for what e.g. when Typhoon Katrina hit greater New Orleans, US, in 2005, there was delay in the rescue work as there was a confusion, between the state governments and federal government, on who is responsible for which disaster management work. This resulted in the loss of many many lives.

Creates Confusion1.

Federal system of government is very expensive as more people are elected to office, both, at the state and at the center, than necessary. Thus, it is often said that only rich countries can afford it. Too many elective representatives with overlapping rules may also leads to corruption.

Very Expensive2.

Federalism lead to unnecessary competition between different regions. There can be a rebellion by a regional government against the national government to.

Unnecessary Competition3.

Federalism promotes regional inequalities. Natural resources, industries, employment, opportunities, differ from region to region. Hence, earning and wealth are unevenly distributed. Rich states offer more opportunities and benefits to its citizens than poor states can. Thus, the gap between rich and poor states widens.

Regional Inequalities4.

Federalism can make the state-government selfishness and concern only about their own region's progress. They can formulate policies which might be determinant to other regions e.g. pollution from a province which is promoting industrialisation in a big way can affect another region which depends solely on agriculture and cause crop damage.

State-Government Selfishness5.

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Demerits (Disadvantages of Federal System)

Federalism does not eliminate poverty. Even in New York, there are poor labour hoods like Harlem with the majority of black population. The reasons for this may be that during policy framing, it is the intellectuals, and not the masses, who are invited by the local government.

Does Not Eliminate Poverty6.

Thus, it is understood that there had been both, advantages and disadvantages in US. There is a general feeling that the rights of the minorities, like blacks, are compromised in US but, at the same time, US now has a democratically elected African-American President. Similarly, there had been advantages and disadvantages of federalism in other countries as well.

Conclusion

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Unitary Form of Government

In such type of government, central government, constantly, uses the power of legislation.

Dicey1.

Such type of government in which all the powers belongs to a central government.Fiez2.

A unitary government may be defined as in which the powers are concentrated in the hands of a central government. There may be local governments. These are created and derive their power from the central government and as such a subordinate to the same in all respects. They are mere agents of the central government. The best example of the unitary government is that of the Great Britain and France.

Merits of Unitary Form of Government

The great merit of unitary form of government is its strength and wider. The central government with its vast powers and control over local administrations can deal effectively and vigorously with all questions; internal and external. It checks centrifugal forces and saves administration from dis-corruption. The strength of the centralised unitary state is especially manifested in foreign policy and national defense.

Strength and Stability of Government1.

In unitary form of government, there is a uniformity of law's policy and administration throughout the country because there is no autonomous units as they are in federal state.

Uniformity of Law's Policies2.

The unitary state is simple in organisation as there is a single administrative system to execute laws and policy. This saves money. It is therefore less expensive form of government than the federal one.

Simplicity in Organisation3.

Unitary form of government is most suitable system for small states. Central government can easily control a small area and small populated state.

Appropriate/Suitable for Small States4.

In unitary state, there is uniformity in laws and policies. All the decisions are made by central government. So, it is easy to establish national unity and integration.

National Unity and Integration5.

In unitary state, there is no concept of provincial government or decisions are made by the central government. So, central government can make decisions easily.

Quick Decision6.

Free from Complications7.

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Unitary form of government is very easy. Common man can easily follow it. There are not any disputes or complications like in federal state.

Free from Complications7.

Safeguard of National Integration8.

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In unitary government, there is not such constitutional division of power except that there may be the delegation of authority by the central government to the local one. In a federal government, constitution is the supreme.

1.

The federal government determines the powers between the two sets of governments, both of which are equal before the constitution but in the unitary government, the central government may be the supreme authority, exercising all the powers.

2.

In the federation, the units are independent of center in their own sphere, whereas, in unitary form of government, the local or unit government in authority are subordinate to the center.

3.

A unitary government may have unwritten and flexible constitution but a federal government can not work successfully unless it possesses a written and rigid constitution.

4.

In federal government, generally, the judiciary plays a vital part in administration. It decides the disputes that may crop up between the central and provincial government or between one unit and the other. It interprets the constitution and may declare an act of any government as ultra wires. The judiciary in the unitary form of government does not possesses any such powers as there is no need to have an authority to decide conflicts of jurisdiction between center and local authority. There, the central government is supreme over the local governments.

5.

Salient Features of Unitary Form of Government

Demerits of Unitary Form of Government

Modern experience has shown that large territorial states, with their great diversity of culture, language and tradition, can not be effectively governed from a single center. These conditions demands a federal form of government.

Not Suitable for Large Territorial States1.

A centralised unitary government is inclined to disregard local needs and interests. It is partly because it is situated far away in the capital but mainly because it has neither knowledge nor contact with local conditions and affairs.

Inclined to Disregard Local Needs and Interests2.

Dangers of Dictatorship of Central Government3.

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Definitions → Meaning:The state is the most universal and most powerful of all social institutions. The state is a natural institution. Aristotle said that man is a social animal and by nature he is a political being.The modern term 'state' is derived from the word 'status'. It was Nicedo Machiavelli (1469-1527) who first used the term 'state' in his writings. His important work is titled as 'Prince'.The state is the highest form of human association. It is necessary because it comes into existence out of the basic needs of life. It continues to remain for the sake of good life.

State is a community of people occupying a definite form of territory free of external control and possessing an organised government to which people show habitual obedience.

According to Garner1)

A particular portion of mankind viewed as an organised unit.Burgees defines the state as2)

Definition:

It is the people who make the state. Population is essential for the state. Greek thinkers were of the view that the population should neither be too big nor too small. According to Plato, the ideal number would be 5040. According to Aristotle, the number should be neither be too large enough to be self-sufficing nor small enough to be well governed. Rousseau determined 10,000 to be an ideal number for a state. Greek thinkers', like Plato's and Aristotle's, thinking on the number was based on small city-states like Athens and Sparta. However, modern states vary in population.

Population1.

There can be no state without a fixed territory. People need territory to live and organise themselves socially and politically. It may be remembered that the territory of the state includes land, water and air-space.The modern states differ in their sizes. Territory is necessary for citizenship. As in the case of population, no definite size, with regards to extent of area of the state, can be fixed. There are small and big states.In the words of Prof. Elliott, "territorial sovereignty or the superiority of state, overall, within its boundaries, and complete freedom from external control has been a fundamental principle of the modern state life.

Territory2.

Government is the third element of the state. There can be no state without government. Government is the working agency of the state. It is the political organisation of the state.Prof. Appadorai defined government as the agency through which the will of the state if formulated, expressed and realised.

According to C. F. Strong, in order to make and enforce laws, the state must have supreme authority. This is called government.

Government3.

The fourth essential element of the state is sovereignty. The word 'sovereignty' means

Sovereignty4.

Elements

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The fourth essential element of the state is sovereignty. The word 'sovereignty' means supreme and final legal authority above and beyond which no legal power exists.The concept of 'sovereignty' was developed in conjunction with the rise of the modern state.The term sovereignty is derived from the Latin word superanaus which means supreme. The father of modern theory of sovereignty was Jean Bodin (1530-1597), a French political thinker.

Internal Sovereigntyi.External Sovereigntyii.

Sovereignty has two aspects

Internal sovereignty means that the state is supreme over all its citizens and associations.External sovereignty means that the state is independent and free from foreign or outside control.

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Functions of Unitary Form of Government

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Concentration of Power tends to make the central government despotic. The subordinate position of local government deprives them of initiative and time to devote the local affairs without first getting orders or powers from the superior central authority. Hence, they usually neglect them. Central authority impairs the vitality of the local governments and facilitates the development of the centralised bureaucracy.

Concentration of Power4.

In unitary form of government, there are top much responsibilities on central government. For this reason, decisions cannot be made quickly. Government officials make the decisions according to official method and they do not try to follow the people or point of view.

More Responsibilities on Central Government5.

Confederation

There are many sovereigns in confederation. In fact, all the states included are sovereign.

Dr. Garner1.

Confederation is union of independent states which establish for particular purpose.

Hall2.

A confederation is an association of sovereigns. Sovereign member states that by treaty have delegated certain of their powers to common institutions in order to coordinate their policies in a number of areas, without constitutions of a new member states under international law. A confederation respects the sovereignty of its members and its constituting treaty can only be changed by unanimous. A confederation in modern political terms is a permanent union of sovereign states for common actions in relation to other states, usually created by treaty but often, later, adopting a common constitution. Confederations tend to be established for deciding with critical issues such as defense, foreign affairs or a common currency with the central government being required to provide support for all members.

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ConfederationThus confederation is union of independent states but it is quite different from federation.The nature of the relationship among the states constituting a confederation varies considerably. Likewise, the relationship between the member states and the central government and the distribution of powers among them is highly virile. Some looser confederation are similar to intergovernmental organisation, while tighter confederations may resemble federation.In a non political context, confederation is used to describe a type of organisation which consolidates authority from other semi-autonomous bodies. Examples include sports confederations or confederations of Pan-European trades unions

Confederation vs. Federation

Supreme Court1.Base2.Citizenship3.

In confederation, the states do not give up their sovereignty but, in federation, the federating units give up their sovereignty and a new state come into being and sovereignty belongs to the new state.

1)

The common authority in a confederation deals only with the governments of confederation and not with their citizens while the federal government can directly deal with citizens.

2)

In a confederation, the central government does not possess any independent power of law making. It can make only proposals of laws which may be enacted by the government of confederating states. The central government in a federation is, however, his independence power of law making regarding those subjects which are allotted to it by the constitution. All federating states are bound to obey such laws.

3)

The following are the distinction between federation and confederation.

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Q= Difference between Confederation and Federation

A federation is one international person. The federating unit can not become member of an international organisation like UK (United Kingdom). If a war breaks out between the unit of federation, it will be civil power. On the other hand, each of the confederating state is an international person; each can become the member of an international organisation state. If a civil war breaks out between confederation states, it will be an international war.

4)

A confederation by its nature is a temporary union. It come into existence by means or pact or treaty between different states. The confederating state can withdraw from union from any time. On the other hand, a federation is the product of constitution. The central government will not allow any state to break away from the union. A federation is therefore most able than a confederation.

5)

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Parliamentary Form of Government

A parliamentary form of government is a system in which 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 inter-wined. A parliamentary system is a form of government in which the real executive, the cabinet, is responsible for its actions and policies to the legislature, and remains in office as long as it enjoys the confidence of the legislature, of lower or popular chamber, if the legislature is bicameral. If its policies do not receive the support of the legislature, the voters go through new elections. Then the party obtaining a majority in the new legislature form the cabinet of the government. This type of government is also called cabinet or responsible or ministerial form of government. It is called parliamentary form of government because the legislature or the parliament is considered to be superior to the executive or the cabinet.

Japan•India•Britain (Mother of parliamentary form of governments)•Canada•Australia•Bangladesh•Pakistan•

Countries having parliamentary form of government

Main Features of the Parliamentary Form of Government

The state administrated by this type of government possesses a titular or nominal head of the state. The government is legally carried on in his name, but actually he enjoys only a position of titular head, without any real power. The head of the state may be an elective president as in Pakistan or a hereditary monarch as in Britain or a nominated governor general as in the dominions like Canada and Australia.

Titular Head of State1.

The real executive authority is the cabinet (body of ministers), headed by a prime minister, who are members of the legislature, the lower house.

Cabinet is the real executive2.

The cabinet is immediately responsible to the legislature. This means that this is answerable for its policies and actions to the legislature and its tenure of office is dependent on the will of the legislature. The responsibility of ministers is collective. A vote of no confidence against one minister is regarded as a vote of no confidence against the entire cabinet.

Responsible Government3.

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Members of the cabinet are the member of the legislature. They are taken from the party commanding the majority in the legislature. The leader of the majority party becomes the prime minister and on his advice other ministers are appointed by the head of the state or the presidential. Thus, the cabinet is a homogeneous body. If no party in the legislative enjoys the clear or absolute majority, two or more parties join together to form the cabinet, known as coalition cabinet.

Cabinet is Homogeneous4.

Merits (Advantages) of Parliamentary SystemSee in extra notes.

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Demerits of Parliamentary System

659 members → House of Common25-30 members → Cabinet members

Cabinet Dictatorship ( )1.

Instability ( )2.Inexperienced Ministers ( )3.Protection of Personal Interests ( )4.

The idea of separation of powers was given by Montesquieu○

Opposite to Separation of Powers5.

Criticism for the sake of criticism6.

Horse Trading and Floor Crossing ( )7.

Slow System of Government ( )8.Expensive System of Government9.

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Presidential Form of Government

IntroductionPresidential system is a form of government in which the real executive powers are exercised by an elected president, whose tenure of office is not dependent on the will of legislature. The president is not only the head of the state but also the executive. It is called presidential because, in this system, the president is the real head of executive and of the state. It is, sometimes, called a non-parliamentary government. In this system, an executive branch exists and resides separately from the legislature to which it is not responsible and which can not dismiss it in any circumstances.

A presidential form of government is a system of government where an executive branch is lead by a president, who serve as both, head of the state and the head of the government.

Definition

The president, the head of the state, exercises real executive authority.1.The president appoints a number of ministers (in the USA, they are called secretaries) to assist him in his works. The ministers are his subordinates and are responsible to him.

2.

The president is elected for a fixed term. He cannot be turned out by the legislature before the expiry of that term.

3.

The president is not responsible to the legislature nor are his secretaries responsible to the legislature. They may be removed only by the president.

4.

The president is not a member of the legislature.5.There is a complete separation of powers between executive and legislature with the system of check and balance.

6.

Features

America•Brazil•Argentina•Egypt•Philippines•Mexico•Afghanistan•

Countries having presidential form of government

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Advantages of Presidential Form of Government

A prime minister is usually chosen by the majority of the people representatives while a president is directly chosen by the people. According to the supporters of the presidential system, a popularly elected leadership is inherently more democratic than a leadership chosen by a legislative body, even if the legislative body was itself elected to rule through making more than one electoral choice. Voters in a presidential system can more accurately indicate their policy preferences, for example, in the US of America, some political scientists interpret the late cold war tendency to elect a Democratic Congress and a Republican President as the choice for a Republican Foreign Policy and a Democratic Domestic Policy.

Direct Mandate1.

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The fact that a presidential system separates the executive system from the legislature is sometimes held up as an advantage. In that, each branch may scrutinize the actions of the others. In a parliamentary system, the executive is drawn from the legislature, making criticism of one by the other considerably less likely. A former condemnation of the executive by the legislature is often regarded to be a vote of no confidence. According to the supporters of the presidential system, the lack of checks and balance means that misconduct by a prim minister may never be discovered. Writing about Watergate, Woodrog Wyatt, a former MP (member of the parliament) in the UK, said, "Don't think a Watergate could not happen here. You just would not hear about it."

Separation of Powers2.

The presidential system guarantees the stability in the country while most parliamentary governments go long periods of time without a no confidence vote. Italy, Israel and the French Fourth Republic have, all, experienced difficulties maintaining to relish on coalitions. As they often do in nations, that use a system of proportional representation, extremist parties can theoretically use the threat of leaving a coalition to further their agendas.

Stability3.

Many people consider presidential system to be more able to survive emergencies. A country under enormous stress, may supporter's arguments be better, of being lead by president with a fixed term than rotating preneurships. France, during the Algeria controversy, switch to the semi-presidential system, as did Sri Lanka during its civil war. In France and Sri Lanka, the results are widely considered to have been positive.

Meeting Emergencies4.

Under the presidential system, the legislature can always maintain its independent and can legislate without interference of the government. Even if the president's party is a majority, in the legislature, there is no guarantee that legislature will always follow the president blindly. Supporters of presidential system note that parliamentary system frequently go through disrupted cabinet shuffles where legislatures are moved between part flaws. Whereas, in presidential system, cabinet shuffles are unheard of.

Independent Legislature5.

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Presentations - 27-28 Feb 201403 2014

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Demerits of Presidential Form of Government

According to Dr. Garner, presidential form of government is autocratic, irresponsible and dangerous.

The presidential system develops the tendency towards authoritarianism and dictatorship as winning the presidency is a winner taker or zero sum prize. A prime minister who does not enjoy a majority in the legislature will have to either form a coalition or, if he is able to lead a majority government, govern in a manner acceptable to, at least, some of the opposition parties. Even if the prime minister leads a majority government, he must, still, govern within constrains as determined by the members of tis party. A prime minister, in this situation, is often at greater risk of losing his party leadership. Then, his party is at risk of losing the next election.On the other hand, once elected president cannot only marginalize the influence of other parties but can exclude several functions in his own party as well, or even leave the party whose ticket he was elected under. The president can, thus, rule without any allies for the duration of one or possible multiple terms; a worrisome for many interest groups.Juan Liz argues that in a presidential system, the legislature and the president has equally valid mandates from the public. There is often no way to reconcile the conflict between the branches of the government. When president and legislature are in disagreement and government is not working effectively, there is a powerful incentive to imply extra-constitutional measures to break the deadlock.

Tendency towards authoritarianism1.

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LegislatureThe legislature is law making branch. The legislature has an important role in the amendment of the constitution. The legislature is a deliberative body where matters of social, economical and political concerns are discussed, debated and decided.The British parliament is said to be the mother of parliaments. It is the oldest legislature in the world.According to Professor Laski, Law making is not the only functions of the legislature but its real function is to watch the process of administration to safeguard the liberties of private citizens.

Upper House(i)Lower House(ii)

The legislature of the union is called the parliament in Pakistan and India. It consists of two cambers;

Senate.(i)National Assembly.(ii)

In Pakistan, the Parliament consists of:

The Council of States or The Rajya Sabha.(i)The House of the People of The Lok Sabha.(ii)

In India, the Congress consists of:

The Council of States(i)National Council(ii)

In Switzerland, the Federal Assembly consists of:

The House of Councilors.(i)The House of Representative.(ii)

In Japan, the National Diet consists of:

Senate.(i)The House of Commons.(ii)

In Canada, the Parliament consists of:

Senate.(i)The House of Representative.(ii)

In Australia, the Commonwealth Parliament consists of:

Senate.(i)The House of Assembly.(ii)

In South Africa, the Union Parliament consists of:

Senate.(i)National Assembly.(ii)

In France, the Parliament consists of:

The House of Lords.(i)The House of Commons.(ii)

In Great Britain, the Parliament consists of:

In United States of America, the Congress consists of:

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Senate.(i)The House of Representative.(ii)

In United States of America, the Congress consists of:

State Duma.(i)Federation Council.(ii)

In Russia, the Federal Assembly consists of:

Unicameral(i)Bicameral(ii)

Kinds of Legislature

Functions of Legislature

Law Making1.

Auditor General○

Financial Functions2.

Executive Functions3.Judicial Functions4.Power to Amend the Constitution5.Electoral Functions6.Functions regarding to Foreign Affairs7.Prevention of Public Grievances8.Functions of Public Opinion9.Investigatory Functions10.National Policies11.International Relation12.

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ExecutiveExecutive is that organ of government which enforces the will of the people as formulated in laws. The term is used in broad and narrow sense. In the broad sense, the executive includes the supreme head of the state, his ministers and all other officials, high and low, who are concerned with the execution of laws and related affairs. In the narrow sense, if simply refers to the chief executive and his advisors, who determines the policy of the government and sees that the laws are properly enforced and implemented.In the presidential system of government, president and the members of his cabinet are executive, while, in the parliamentary system, prime minister and his members are executive, who are chosen by the majority party in the parliament. They head the administrative departments, initiate legislation and get it passed by the parliament. The implementation of laws and policies of the government is the function of permanent civil servants who are recruited at fixed age and remain in office till the age of retirement. With permanent carrier, thus, the executive in the Great Britain means the team of executives and ministers, headed by prime minister; In United States, the president and his secretaries; and in Pakistan, the prime minister and his cabinet and those subordinate officials who carry out the policy and enforce the laws. The executive branch, the government, is the part of the government that has sole authority and responsibility for the daily administration of state bureaucracy. The division of power into separate branches of the government is central to the idea of the Separation of Powers.

Nominal and Real Executive1.

Switzerland: Federal Council is based on 7 members who become president or prime minister every year.

Single and Plural Executive ( )2.

Parliamentary and Presidential Executive3.Permanent and non-Permanent Executive4.

Kinds of Executive

Establishment of Internal Peace and Security1.Defense of the State2.Foreign Relations3.Judicial Functions4.Legislature Powers5.Financial Powers6.Public Welfare7.Powers of Appointment8.

Functions of Executive

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Judiciary

Judiciary is the third organ of the government which occupies an eminent position and performs important functions. Its main function is to dispense justice. The demand of justice is inherent in man and this is filled by the judiciary. The only independent judiciary can perform this function. The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes under the doctrine of the suppression of power. The judiciary, generally, does not make law or enforce law but rather interprets law and applies it to the fact of each case. This branch of government is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal, together with lower courts.Lord Bryce has said that there are two better tests of excellence of government than the efficiency of its judicial system. The welfare of citizens depends to a larger extent upon the judiciary. Judiciary is one of the pillars of democracy. Its interpretation ensures justice, equality and liberty to all its citizens. Independent and impartial judiciary is an essential feature of democratic setup. The Supreme Court of Pakistan consists of chief justice and other judges. The Supreme Court has its permanent seat in Islamabad.According to Justice Charles Evans Hughes, we are under a constitution but the constitution is what the judges say it is.

Functions of Judiciary

Provision of Justice1.Interpretation of Laws ( )2.Safeguard of Constitution3.

1954 → Governor General Sikander Mirza dissolved the assembly.○

Interpretation of Constitution4.

1972 → Acceptance of Bangladesh.○

Advisory Functions5.

Safeguard of Basic/Fundamental Rights6.Supervise and to Hear Appeals7.Preventive Justice ( )8.

Contempt of Court9.

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Following are the merits of Parliamentary System

This system strengthens the relation between executive and legislature. As the members of cabinet are also the members of the parliament, so there is a close collaboration between executive and legislature. The ministers participate in all debates, discussions and decisions of the legislature and are responsible to it. There is a unity of purpose and harmony between them.

Strengthens the Relations1.

It ensures the responsibility of those who govern to those who are governed. This responsibility is firstly and directly to the members of parliament. The ministers are constantly criticized by the members, especially by those of opposition. It is impossible for an irresponsible ministry to hold office for long. It resigns as soon as it loses the confidence of majority in the legislature.

Ensures Responsibility2.

Parliamentary system is flexible enough to adjust itself according to the need of the changing circumstances. In case, public policy is not in the line with popular demands, it can be reshaped under the presence of parliament. Moreover, proper changes can be brought in the proper composition of the cabinet in order to meet any emergency.

Flexibility3.

Power is more divided in a parliamentary system, spread out among number of leaders in parliament, including the prime minister. The majority party leader and the whip to name a few. A prime minister does not have as much power as a president. In a parliamentary system, a shift in power can take place without an election.

Powers Spread Out4.

While trying to address the concerns of different regions and cultures of the nation, the parliamentary form of government helps in promoting national integration.

Conductive to National Integration5.

In parliamentary system, it is faster and easier to pass legislature. This is because the executive branch is dependent upon the direct or indirect amount to the executive possessing more votes in order to pass legislation.

Quicker Legislative Action6.

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