Comparison Of Executive Legislature and Judiciary Of U.K and U.S.A
Comparison of executive , legislature, judiciary of U.K. and U.S.A
Introduction
On the basis of relationship between executive and legislature the modern democratic govts are classified into parliamentary and presidential form of govt. The parliamentary system of govt is also known as cabinet or resposible govt. In a parliamentary govt there exists very close relationship between the executive and legislature.
U.K
In the administrative system of Britain the king or the queen is the head of executive and all adminstrative functions are performed in his her name. Although all the functions are performed in the name of crown yet she has no power to perform not even a single function. The real executive powers vest with the cabinet.
Powers of the King
1. Executive powers
-All administrative powers are vested in him.
Appoints P.M, ministers and other civil and military officers.
-Supreme commander of armed forces, sends and receives ambassadors and other diplomatic agents.
2.Legislative powers
-Summons,prorogues and dissolve parliament.
-Assents to the bill passed by parliament.
-He can refuse to give assent to any bill.
3.Judicial powers
-Foundation of justice.
-Grands pardon to criminals or reducing or postponing their sentence.
-All criminal proceeding are started in the name of king
In practice the king reigns but does not rule.
The privy council
-Important institution in the governmental system of England.
-As cabinet system came privy council lost its importance
Cabinet
Most powerful institution in political system of England. According to Bagehot , Cabinet is the hyphen that joins and buckle that binds legislature and executive.
Functions of cabinet-
1. Executive functions
Real executive powers vest with the cabinet. In law executive is the king but in practice , exercise of executive powers is directed and controlled by the cabinet.
2. To formulate policy
It is a policy formulating body. Inside the cabinet all ministers can express their opinions freely and frankly and when decision is taken all ministers must oblige to it. Failure to do so redults in removal.
3.Legislation
Cabinet plays impoertant role in legislation.
It is the cabinet that legislates with consent , support and advice of parliament.
4.Controls budget
Cabinet controls national finance. The budget regarding expenditure and revenue is placed before House of Commons by the cabinet.
The Prime Minister
- Head of cabinet.
-His position legally recognized by the ministers of crown act 1937.
Powers
1. Powers over cabinet
- Head of cabinet
-Preside over meetings of cabinet.
-Exercise supervision over the activities of other ministers.
2.Powers in relation with monarch
-He is confidential advisor of the crown and the principal channel of communication between crown and cabinet.
3. Powers in relation to Parliament
-PM is the leader of house of commons , he represent the cabinet as a whole.
- Answers the questions on the general conduct of govt.
4. Power of dissolution of house of commons
- Request sovereign for dissolution. It means that members of house hold their seat at his mercy.
British Parliament
- Supreme legislative authority.
-Mother of parliament.
-Consists of queen, house of lords and house of commons.
-Consent of all these 3 parts is necessary to pass a bill.
-No law made by parliament can be challenged. But in U.S.A and India it can be challenged.
The House of Lords
- Upper house and second chamber of british parliament.
- More than 1000 members
- Presiding officer is lord chancellor
# Functions of house of lords #
1. Executive functions
- Some ministers from house of commons are also the members of this house that is house of lords.
-Members of house of lords ask questions, seek information from govt on any aspect of administration but ministers of house of common not responsible to house of lords.
2. Legislative powers
- Examine and revise the legislative work sent by the house of commons similar to Rajya sabha of India.
- On the matter of money the house of lords has no power at all.
3. Judicial powers
The house of lords was the Supreme court of appeal for cases in U.K. and Northern Ireland and court of impeachment. On 1st october 2009 judicial authority was transfered away from the house of lords and creating Supreme Court forunited kingdom.
House of commons
- Oldest legislative chamber of he world .
-635 members.
- Tenure 5 years.
-Most important official is the speaker.
-Member enjoys so many privileges. First is freedom of speech ensured by bill of rights.
# Powers and functions of house of commons
1.Law making
-supreme law making body
2.Financial matters
-the house of commons is supreme in financial matters.
3.Controlling executive
-most of the members of the cabinet belongs to the house of commons.
-ministery individually and collectively responsible to the house of commons.
-hold office as long as they enjoy the confidence of house of commons.
Comparison of British and American legislative process
In England there is a regular time for asking questions and replying to them. In U.S.A when a congressman desires information from any department he telephones or writes for it.
In U.S.A, the chairman of committees play an important role whereas in England, bills are referred to committees after the fundamental principles have been approved by the house of commons and lords.
Judicial system in England
-One of the important feature of english judicial system is absence of judicial review.
-In U.S.A and India courts have power to decide as to whether particular law is ultravirus or unconstitutional.
In England, there are 2 separate kinds of court to hear civil and criminal cases.
# Rule of law
It means administration is carried in accordance with law , law is supreme over all.
# Supreme Court of U.K.
-New court established in 2009. The law lords and other lord justices forms the supreme court.
-The justices donot wear any gowns in court,but on ceeemonial occasions they wear black gowns with gold lace.
American Executive - The President
Executive powers vested with the President of U.S.A. Any natural born american citizen , at least 35 years of age and 14 years of resident within U.S may stand for election.
- can be removed before his legal term is over on impeachment.
#Powers and functions
- US president is most powerful elected executive in any democratic country in the world.
-his powers can be disscussed under 3 heads.
1. Executive functions
-head of administration
-power of making appointments
-power of removal
-power of foreign affairs
-commander-in-chief of armed forces
-control over cabinet
2. Legislative functions
-American political system being non parliamentary, the president is neither chosen by the legislature, nor can be removed by it.
-he and his advisors have no right to present in congress
-he cannot dissolve any houses of congress
-president have power to summon extraordinary session of the houses of parliament.
-Power to veto- it may become an absolute veto.
3. Judicial power
-power to grant reprieves and pardons.
#American President v. British Prime minister
In the democracies of the world the office of President of America and that of PM of England are regarded as most powerful, prestigious and dignified. Following are the differences:-
1. Electoral college elects the US president though his election is direct whereas Queen appoints the British P.M though her choice is confined to leaders of majority party in house of commons.
2. US president is elected for fixed term of 4 years. He can be removed by impeachment only while british prime minister remains in his office as long as his party is in majority in the house of commons.
3.President of US is head of state as well as of the govt while PM is the head of govt only.
4. American president appoints members of the cabimet and can dissmiss them at his own will while the british PM also chooses his minister and can dissmiss them but in some respect they are his equals.
5. In respect of legislative powers US president is weaker than british PM.
#American legislature (The Congress)
-Legislature of US is known as Congress.
-Congress is a bicameral legislature consisting of sennate and house of representative.
-the sennate is the upper house chamber, unlike the british house of lords, the american upper house is elected one.
#The Sennate
- upper chamber of congress.
-according to federal principle all states are equally represented in the sennate.
-each state elect 2 sennator.
-as there are 50 states there are 100 sennators.
-6 years term.
-one third member retire after 2years.
-sennate enjoys a permanent tenure.
#powers and functions of sennate
1. Legislative functions
-vice president preside over sennate's meetings.
-has the right to amend any bill or budget and can also amend the constitution.
2. Executive functions
-appointment to federal offices made by the president are confirmed by the sennate.
3. Judicial powers
-conduct trial of impeachment of president and judges of supreme court.
# The House of representative
-lower house of American congress.
-despite being lower house enjoys less power than the sennate.
-435 members.
-direct elections.
-2 years tenure of office.
-the house itself elects the speaker to preside over the meetings.
#powers and functions
-constitution empowers to enact the laws both the houses enjoys equal legislative powers.
-money bill can be introduced only in this house. But American lower house cannot override upper house like the british lower house.
-thus the financial powers are not superior than the sennate.
-House of representative initiates impeachment proceeding by framing charges against officer concerned.
#American judiciary
-has power of judicial review.
-dual judicial system- federal court and state courts.
# Supreme court
-highest federal court
-judge appointed by president with the approval of sennate and can be removed only by impeachment.
#powers and funtions of supreme court
-original and appellate jurisdiction.
-guardian of fundamental rights.
-it has advisory function too.
# Judicial review#
_through judicial review judges determine whether laws made are in accordance with the provisions of constitution or not. If yes, then law can be declared as ultra virus or unconstitutional.
That is all!! Let me know through your comments if it was helpful.
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