10 responsible and independent gov 8 (6)

RESPONSIBLE GOVERNMENT V

INDEPENDENT GOVERNMENT

RESPONSIBLE GOVERNMENT

• There is no strict separation between executive & legislative branch of government. The executive must come from the legislative branch. The Government is an integral part of Parliament. Examples are UK & Malaysia.

INDEPENDENT GOVERNMENT

• There is clear separation between executive & legislative branch of government. The executive cannot be members of the legislative branch. Example is the United States of America. Each branch of the government – executive, legislative & judiciary are independent & provide the check & balances to each other.

DISTINCTIONRESPONSIBLE GOVRESPONSIBLE GOV INDEPENDENT GOVINDEPENDENT GOV

1. 1. Separation of Separation of PowersPowers

No strict separation No strict separation between executive &between executive &legislative branch of gov.legislative branch of gov.In M’sia, Art 43(2) In M’sia, Art 43(2) requires the PM to belong requires the PM to belong to the Dewan Rakyat & to the Dewan Rakyat & other cabinet ministers to other cabinet ministers to belong to either House. belong to either House. The motive force of the The motive force of the Constitution is a Constitution is a conjunction & not conjunction & not separation between separation between executive & legislature.executive & legislature.

1. 1. Separation of Separation of PowersPowers

Clear separation Clear separation between executive & between executive & legislative branch of gov.legislative branch of gov.In the US, the President In the US, the President & his Cabinet are not & & his Cabinet are not & cannot be part of the cannot be part of the Congress. There is strict Congress. There is strict institutional separation institutional separation between executive & between executive & Parliament.Parliament.


2. Accountability to2. Accountability to

ParliamentParliamentExecutive part of Executive part of parliament & answerable parliament & answerable to Parliament for their to Parliament for their

actions. actions. Questions can be asked by Questions can be asked by

thetheMP’s. In M’sia, the gov. is MP’s. In M’sia, the gov. is required by Art 43(3) to be required by Art 43(3) to be collectively responsible to collectively responsible to Parliament during debates Parliament during debates

& & the daily question & the daily question &

answer answer session.session.

2. Accountability to2. Accountability to

CongressCongressIn the US, the gov. is In the US, the gov. is separate from & separate from &

independent independent of the legislature. The of the legislature. The President’s advisors doPresident’s advisors donot participate in not participate in congressional debates but congressional debates but conventionally they conventionally they

appear appear before congressional before congressional committees to explain committees to explain

policies policies & programmes.& programmes.


3. Divided 3. Divided GovernmentGovernment

In a parliamentary In a parliamentary system, the system, the Government must Government must enjoy the confidence enjoy the confidence of the lower House as of the lower House as a precondition of its a precondition of its accession to & accession to & continuation in power.continuation in power.

3. Divided 3. Divided GovernmentGovernmentIn the US, a ‘divided In the US, a ‘divided government’ is a distinct government’ is a distinct possibility with one party possibility with one party controlling the Congress & controlling the Congress & another occupying the another occupying the White House.White House. Example: Example: President Clinton was a President Clinton was a Democrat, both Houses of Democrat, both Houses of Congress were controlled by Congress were controlled by the Republicans. President the Republicans. President George Bush is a Republican. George Bush is a Republican. Both Houses of Congress are Both Houses of Congress are controlled by the Democratic controlled by the Democratic Party. Party.


4. Cabinet 4. Cabinet AppointmentsAppointments

PM must appoint his PM must appoint his cabinet members from cabinet members from the MPs of Dewan the MPs of Dewan Rakyat or Dewan Rakyat or Dewan Negara. However, the Negara. However, the PM can recruit PM can recruit distinguished outsiders distinguished outsiders by appointing them to by appointing them to the Senate as a prelude the Senate as a prelude to a Cabinet post.to a Cabinet post.

4. Cabinet 4. Cabinet AppointmentsAppointments

The US President can The US President can appoint anyone as appoint anyone as members of his members of his cabinet as long as cabinet as long as they are not members they are not members of the US Congress of the US Congress (The US Senate & US (The US Senate & US House of House of Representatives)Representatives)


5. Security of Tenure5. Security of Tenure

In M’sia, Art 43(4), the In M’sia, Art 43(4), the PM & his gov may be PM & his gov may be voted out of office. voted out of office. Alternatively the PM’s Alternatively the PM’s majority may disappear majority may disappear his supporters ‘cross his supporters ‘cross the floor’ to join the the floor’ to join the opposition. opposition. Example –Example –Datuk Pairin Kitigan in Datuk Pairin Kitigan in Sabah in early 90s. The Sabah in early 90s. The bane of party-hopping & bane of party-hopping & votes of no-confidence votes of no-confidence produce much instability in produce much instability in parliamentary parliamentary governments.governments.

5. Security of 5. Security of Tenure Tenure

The American The American President has security President has security of tenure. He is of tenure. He is elected for four years elected for four years & the terms is & the terms is guaranteed. guaranteed.


6. Number of Terms6. Number of TermsNo limits place of term No limits place of term of office of PM. They of office of PM. They can remain as long as can remain as long as they continue winning they continue winning the general election. the general election. Examples – Tun Dr Mahathir was Examples – Tun Dr Mahathir was the PM for over 22 years, Lee the PM for over 22 years, Lee Kuan Yew of Singapore was in Kuan Yew of Singapore was in the office for 3 decades. the office for 3 decades. Jawaharlal Nehru & Indira Jawaharlal Nehru & Indira Gandhi of India & Margaret Gandhi of India & Margaret Thatcher of the UK led their Thatcher of the UK led their nations for 13 to 15 years. Such nations for 13 to 15 years. Such lengthy tenures provide lengthy tenures provide continuity of leadership but also continuity of leadership but also personalise power. personalise power.

6. Number of 6. Number of TermsTerms

Limits are placed on Limits are placed on the term of office of the term of office of the US President. A the US President. A person elected as US person elected as US President can only President can only serve the maximum serve the maximum of 2 terms of 4 years of 2 terms of 4 years each.each.


7. Maintaining 7. Maintaining ConfidenceConfidencePM & his cabinet may be PM & his cabinet may be removed from office by a removed from office by a vote of no confidence at vote of no confidence at the Dewan Rakyat [Article the Dewan Rakyat [Article 43(4)]. In Malaysia, no PM 43(4)]. In Malaysia, no PM has ever been removed by has ever been removed by a vote of no confidencea vote of no confidence. . At At the state level, Stephen Kalong the state level, Stephen Kalong Ningkan in Sarawak in 1996, Ningkan in Sarawak in 1996, Dato’ Hj Harun Idris in Selangor Dato’ Hj Harun Idris in Selangor in 1976 & Dato’ Hj Nasir in in 1976 & Dato’ Hj Nasir in Kelantan in 1977 were the Kelantan in 1977 were the victims of no-confidence votes in victims of no-confidence votes in their State Assemblies.their State Assemblies.

7. Maintaining 7. Maintaining ConfidenceConfidence US President & his cabinet US President & his cabinet cannot be removed by a cannot be removed by a vote of no confidence by vote of no confidence by Congress. The US Congress. The US President can only be President can only be removed by Impeachment removed by Impeachment Process (in the lower Process (in the lower House) & conviction by a House) & conviction by a 2/3 majority (in the upper 2/3 majority (in the upper House).House). President Andrew President Andrew Johnson was impeached in 1868 Johnson was impeached in 1868 but escaped conviction by one but escaped conviction by one vote. Impeachment vote. Impeachment proceedings were aborted for proceedings were aborted for Richard Nixon (1974) & William Richard Nixon (1974) & William Clinton (1997). Clinton (1997).


8. Split Executive8. Split ExecutiveHead of State & Head of Head of State & Head of Government is not the Government is not the same person.same person.In Malaysia, Head of State In Malaysia, Head of State is the YDPA while the is the YDPA while the Head of Government is Head of Government is the PM. The existence of the PM. The existence of ‘split executive’ is a ‘split executive’ is a potential safeguard potential safeguard against abuse of power against abuse of power by the political executive. by the political executive. But also a source of But also a source of conflict.conflict. Example: the Example: the dismissals of PM Gough dismissals of PM Gough Whitlam by Governor-General Whitlam by Governor-General Sir John Kerr in Australia & of Sir John Kerr in Australia & of Benazir Bhuto & Nawaz Sharif Benazir Bhuto & Nawaz Sharif by the Pakistani President. by the Pakistani President.

8. Split Executive8. Split Executive

Head of State & Head Head of State & Head of Government is the of Government is the same person. In the same person. In the US, the President is US, the President is both the Head of both the Head of State & Head of State & Head of Government.Government.


9. Members of 9. Members of Parliament Parliament

The PM & the The PM & the majority controlling majority controlling the Dewan Rakyat the Dewan Rakyat comes from the comes from the same political party.same political party.

9. Members of 9. Members of CongressCongress

The US President & the The US President & the majority controlling the majority controlling the US Congress may not US Congress may not come from the same come from the same party. Example during party. Example during most of President most of President Clinton’s presidency, the Clinton’s presidency, the US Congress was US Congress was controlled by the controlled by the Republicans while the Republicans while the President is from the President is from the Democracts.Democracts.


10. Popular Mandate10. Popular Mandate The The parliamentary government, parliamentary government, the PM is not popularly the PM is not popularly elected. The PM is an elected. The PM is an ordinary MP elected to ordinary MP elected to represent a parliamentary represent a parliamentary constituency. His constituency. His appointment by YDPA appointment by YDPA under Art 43(2) on the under Art 43(2) on the ground he & his ground he & his party/coalition enjoys the party/coalition enjoys the confidence of the Dewan confidence of the Dewan Rakyat. Rakyat.

10. Popular 10. Popular MandateMandate

The American The American President is elected President is elected by the entire nation.by the entire nation.

Note: Direct election Note: Direct election system – voters system – voters directly cast ballots directly cast ballots for the person. for the person.


11.Executive-11.Executive-legislative legislative CooperationCooperation Cooperation between Cooperation between the Executive & the Executive & Legislative are ensured Legislative are ensured as they come from the as they come from the same political party. This same political party. This ensures strong & ensures strong & effective government. effective government. Downside, the executive Downside, the executive dominates fiscal & legislative dominates fiscal & legislative matters to such an extent matters to such an extent that many commentators that many commentators suggest that Parliament suggest that Parliament merely legitimates, it does merely legitimates, it does not legislate.not legislate.

11.Executive-11.Executive-legislative legislative CooperationCooperation Cooperation between US Cooperation between US President & the Congress President & the Congress not ensured because they not ensured because they may come from different may come from different political parties. Sometimes political parties. Sometimes this can lead to deadlocks this can lead to deadlocks that can cripple the running that can cripple the running of the Government. Example of the Government. Example in Oct 1990 there was in Oct 1990 there was temporary paralysis in the temporary paralysis in the Bush government because Bush government because of failure to secure the of failure to secure the passage of the Budget via passage of the Budget via Congress.Congress.

DISTINCTION

RESPONSIBLE GOVRESPONSIBLE GOV INDEPENDENT GOVINDEPENDENT GOV

12. Dissolution of 12. Dissolution of Parliament Parliament

The PM can at any The PM can at any time request to the time request to the YDPA to dissolve YDPA to dissolve Parliament in order Parliament in order to hold general to hold general elections.elections.

12. Dissolution of US 12. Dissolution of US Congress Congress

US President cannot US President cannot dissolve US Congress dissolve US Congress even in times of war or even in times of war or emergency.emergency.

Note: Congress has Note: Congress has constitutional power to constitutional power to declare war, raise & declare war, raise & maintain armed forces.maintain armed forces.

DISTINCTION


13. Positive 13. Positive FeatureFeature

It produces strong & It produces strong & effective effective government.government.

Legislative Legislative cooperation cooperation between between government & government & parliament is parliament is assured with a assured with a stable majority in stable majority in the lower House.the lower House.

13. Positive Feature13. Positive Feature

It produces an effective It produces an effective check & balance check & balance between organs of state.between organs of state.

Power checks power.Power checks power.

DISTINCTION


14. Drawback (-14. Drawback (-ve)ve)

The executive tends The executive tends to ‘capture’/control to ‘capture’/control the legislative the legislative process. Debates & process. Debates & motions by MPs not motions by MPs not effective, the effective, the executive has its executive has its way. Ministerial way. Ministerial responsibility to responsibility to Parliament is more Parliament is more nominal than real. nominal than real.

13. Drawback (-ve)13. Drawback (-ve)

It leads to constant It leads to constant clashes between the clashes between the executive & the executive & the legislature.legislature.

The delays & The delays & stalemates, the stalemates, the gridlocks & deadlocks gridlocks & deadlocks often cripple the often cripple the machinery of machinery of government.government.

Impeachment Proceedings

• ‘The President, Vice President and all civil Officers of the United States, shall be removed from Office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.’

(Article II, Section 4, US Constitution)

Impeachment Proceedings

1. House of Representatives• Issue an impeachment resolution against the President• Submits it to the Judicial Committee of the House

2. Judicial Committee of the 2. Judicial Committee of the HouseHouse

Considers whether it merits referral to the whole Considers whether it merits referral to the whole House for voting on starting a formal House for voting on starting a formal

impeachment inquiry.impeachment inquiry.

Impeachment Proceedings3. House of Representatives• Vote for or against inquiry (simple majority)

4. Judicial Committee of the 4. Judicial Committee of the HouseHouse

Conducts investigation to determine whether Conducts investigation to determine whether there is enough evidence to impeach the there is enough evidence to impeach the

President.President. Draft articles of impeachment based on the Draft articles of impeachment based on the

evidence.evidence. Vote on each article to determine whether it Vote on each article to determine whether it

should be brought before the whole House.should be brought before the whole House.

Impeachment Proceedings5. House of Representatives

• Vote on whether the articles merit a trial in the Senate (simple majority)• If approval for any of the articles, President technically impeached and

matter referred to Senate.• Appoint members to act as prosecutors.

6. Senate6. Senate Conducts investigation to determine whether Conducts investigation to determine whether

there is enough evidence to impeach the there is enough evidence to impeach the President.President.

Draft articles of impeachment based on the Draft articles of impeachment based on the evidence.evidence.

Vote on each article to determine whether it Vote on each article to determine whether it should be brought before the whole House.should be brought before the whole House.

IMPEACHMENT PROCEEDINGS In the US History

• President Andrew Johnson (17th President) appointed after President Lincoln’s assassination in 1865.

• Due to the removal of the Secretary of War, E.M. Stanton which was against the Tenure of Office Act (requiring consent of Senate before President can remove office holders appointed with Senate confirmation) – high misdeamenors.

• During the vote in the Senate, one vote short of the 2/3rd required to impeach. (35-19)

• Remained as President for remainder of the term.


• President Richard Nixon (37th President)• Due to the Watergate Scandal – prevented, obstructed & impeded

the administration of justice.• The House Judiciary Committee approved its first article of

impeachment charging President Nixon with obstruction of justice. • A few days later the Committee approved its second article

charging Nixon with abuse of power. The next day, the third and final article, contempt of Congress, was approved.

• Nixon resigned the presidency & avoided the likely prospect of losing the impeachment vote in the full House and a subsequent trial in the Senate. He became the only US President ever to resign. Vice President Gerald R. Ford succeeded him.


• President William Jefferson Clinton (42th President)

• Due to the Monica Lewinsky scandal.• Impeachment articles for perjury, obstruction

of justice & abuse of power.• Failed to secure the necessary 2/3rd majority

for conviction in the Senate.• Continued in office until the end of his term of

office.

Succession to the US Presidency List

1. Vice President2. Speaker of the House3. President Pro Tempore of the Senate4. Secretary of the State5. Secretary of the Treasury6. Secretary of Defense7. Attorney General8. Secretary of the Interior9. Secretary of Agriculture10. Secretary of Commerce

Succession to the US Presidency List

11. Secretary of Labor12. Secretary of Health & Human Services13. Secretary of Housing & Urban Development14. Secretary of Transportation15. Secretary of Energy16. Secretary of Education17. Secretary of Veterans Affairs

MALAYSIAN PARLIAMENT

• Art 45: Dewan Negara consists of 70 Senators. (44 appointed by YDPA + 26 elected by the State Assemblies (2 members for each State elected)

• Art 46: Dewan Rakyat consists of 222 elected members.

10 responsible and independent gov 8 (6)

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