Division of Government


Regardless of the type of system used by any nation or society, there is a very typical and well-used set of divisions in governments. These are characterized by five groups: the executive, the legislature, the judiciary, the military, and the church. In some systems, one or more of these divisions is not present - some dictatorships will have no legislature, for example, and the United States has no state church.Now we will look at each division in a general sense, and the role of the division.


The Executive


Generally speaking, the executive branch of government executes the laws created by the legislative branch, though this general rule is modified in some political systems. For example, in a totalitarian dictatorship, there may be no legislature, and hence the executive also makes laws.

The executive branch is sometimes divided into two parts, a head-of-state and a chief executive. The head-of-state is the person, or group, that represents the nation to other nations. The chief executive is responsible for all those roles of the executive that are not handled by the head-of-state. The power held by these two positions is not consistent. In Britain, for example, the head-of-state is the monarch, who has little actual power over the executive branch. The Prime Minister is the chief executive and holds a great deal of power. In France, the President is the head-of-state and has a great deal of power over the executive. The Prime Minister has been likened to a junior partner in the executive.

The Israeli President is elected by the Knesset and is largely ceremonial, much like Britain's monarch. The Prime Minister holds the bulk of the power. In Russia, the roles are again reversed, with the President holding the bulk of the power and the Prime Minister being a junior partner. In the United States, the President is both the head-of-state and the chief executive.

While the head-of-state is almost always a single person, the chief executive has sometimes been a group, or committee, or people.

The method for choosing the executive varies greatly. In some cases, such as in Britain, the head-of-state is a hereditary monarch and the chief executive is the Prime Minister of the Parliament. The people, then, have no choice in the head-of-state and only a small segment of the population have a choice of the Prime Minister (the Prime Minister is chosen from all the Members of Parliament from the majority party - each MP is elected in a local election). In Israel, the President is chosen by the Knesset and the Prime Minister is a Member of the Knesset. In the United States, the President is elected, indirectly through the Electoral College, by the people.

Terms vary. Monarchs generally hold life terms. Members of parliaments hold maximum terms, though votes of no confidence in parliament can force new elections sooner. Other executives hold their positions for a fixed term, such as in the United States. In dictatorial systems, terms are for life.

The Legislative

Generally speaking, the legislative branch makes the laws. Legislatures usually consist of many members chosen by the people of the country. There are several basic models of legislature that have been and are used in the world.

The most prevalent system is the parliamentary system. In this type of system, the nation is broken up into small units, divided variously by geography, ethnicity, or population. Each unit elects one or more members of parliament from a slate of candidates. After election day, the party with the majority of members becomes the Majority Party and chooses the Prime Minister and Cabinet. If no party has a majority, parties negotiate divisions of power and form coalitions. Once a coalition is established, the government is formed. Coalitions are often fragile, as the majority voice in the coalition can offend the minority (or minorities) and cause members of the coalition to abandon the coalition. Parliamentary legislatures remain in power for a fixed term or until a vote of no confidence is taken and the majority loses the vote.

In another type of parliamentary setup, there are no political divisions - national elections are held and people vote for a single party. When the votes are counted, seats in the parliament are given on a percentage basis to each party. The party then decides who to appoint to each seat it is apportioned. In this type of system, minority voices are more likely to be heard and coalition governments more likely to be formed (in a districted system, is it possible for one party to win 50-percent-plus-one of all districts and acquire 100 percent of the seats in parliament; in a national election system, this cannot happen).

In a system like that of the United States, members of the legislature hold their office for a certain fixed term. After elections, a majority party is determined, but there is no such thing as a vote of no confidence. Though parties play a major role in the selection of legislative leaders, individual members of the legislature are free to vote however they wish without fear of bringing down the government as in a parliamentary system.

Another common system involves a legislature composed of one party. Such systems are common in communist nations, so examples include the USSR's Supreme Soviet and China's National People's Congress. Though dissent is generally allowed in such a system, the decisions of the party are rubber-stamped by the legislature.

Legislatures can have one house (unicameral) or two houses (bicameral). A 1973 survey found that nations with a legislature were nearly evenly divided between unicameral and bicameral. The role of the two houses vary from one nation to another. In the United States, the two houses, the House of Representatives and the Senate, have roughly equal powers, and legislation passed by one house must be passed by the other to become law (in many systems, the executive must also approve of any legislation passed by the legislature). In Britain, the House of Commons is an elected body with the majority of the power; the House of Lords can amend and delay bills passed by the House of Commons, but may not cancel them. The House of Lords has no power over taxation.

The Judicial

Generally, the judicial branch interprets the laws of the nation. Because of the nature of law enforcement, the judicial branch often has the largest membership. In the United States, for example, there is one executive (two, if the Vice President is counted), 535 legislators, and thousands of federal judges.

The structure of the judiciary varies greatly from one nation to another, based on the legal tradition. The most familiar may be that of the United States, where there is a Supreme Court that is the final court of appeals in the nation. Below the Supreme Court are a series of inferior courts, starting with the federal court where most cases are heard, and several levels of appeals courts. Britain has a similar setup, but the House of Lords is the court of final appeal.

Israel has several judicial systems - the secular system is divided into general law courts and tribunals. The general court has a Supreme Court, district courts, and magistrates. Personal matters, such as marriage and divorce disputes, are handled by religious courts. There are four systems of religious court; Jewish, Christian, Muslim, and Druze.

Selection of judges is another point of comparison. Generally, the selection process is divided between appointed and elected. Appointed judges are thought to be free from political pressure, and thus are able to best represent the people and the law. Elected judges are thought to best represent the will of the people. Terms vary from life to several years, in both systems of selection.

Other judicial concepts vary from nation to nation. For example, in the United States, each state maintains its own judicial system separate, but related to, the national judiciary. Concepts of "innocent until proven guilty" or "guilty until proven innocent" vary, and does the concept of the jury trial. These concepts are highly tied to the legal tradition of each nation.

The Military

Almost every society in known history has or has had a military structure. It is a constant in human history that societies will fight over resources, and to fight effectively requires a trained class of persons - soldiers.

In some nations, the military is a dictatorship, and the head of government is a military officer. This is in contrast to other dictatorships where the military is completely subservient to the ruler. In Hitler's Germany, for example, the military was a strong tool of the Nazi Party, but Germany was not run by the military. The same can be said for the United States which, since World War II has maintained a very strong military, but where the military has no actual power in the government. In the case of the United States, the military is an institution of the Executive, and not a separate branch of government. A lack of power does not mean a lack of influence, though. In the United States, politicians vie for military spending in their districts, and the prosecution of war can lead to serious changes in the economy and in public opinion.

Ancient Sparta is a good example of a nation where the military was a distinct branch of government - in fact, Aristotle said that Sparta was an unending generalship. The militaristic nature of Sparta is generally overstated, though, as there were some democratic institutions in place. However, most citizens were expected to be soldiers - only those too weak to soldier were permitted to be civilians.

Military dictatorships are not uncommon even today. Some world leaders came to power as the result of military coups. The leader may be a single person, such as Libya's Colonel Moammar Al Qadhafi and Pakistan's General Pervez Musharaf, or a junta, a committee, as in Myanmar (Burma). Other historical examples include Argentina in the late 1970's and early 1980's, or Uganda under General Idi Amin.

The Church

In some nations, the church has no role in government, as in the United States. However, in other states, even those that are not theocracies, the church has a great deal of influence. Note that it must be distinguished between a formal national church and personal religious beliefs. While the United States has no national church, individual leaders often look to their religious faith for strength of answers. This is in contrast, however, to those nations where the national church has a voice in the conduct of government. Such church involvement in government is also known as clericalism.

The most obvious place where church has a role in government is in the theocracy, most often seen today in the Islamic state. In such a state, the leaders are often religious clerics. Legal systems might adhere to Shariah, or Islamic law as presented in the Koran. In Iran under the Ayatollah Khomeini, the head-of-state was a cleric with broad powers; since his death, however, executive power is held by the President, elected by the people. The legislature, the Majlis, is elected by universal suffrage, but all legislative actions must be approved by a Council of Guardians composed of clergy and jurists. The Council judges the suitability of each presidential candidate of of every candidate for seats in the Majlis.

In Israel, Judaism is not the official religion, but its influence is seen throughout its political structure. An example already given involves the provision of different religious court systems. Judaic principles can be seen in various places, such as the recognition of the Sabbath and the use of kosher cooking in state kitchens. However, divisions within Judaism, between the majority and the minority ultra orthodox and modern orthodox sects, have raised issues of late as to where religion and government should come together and where they should separate.

In Britain, the Church of England has a role in government in several key ways. The head-of-state is also the Supreme Governor of the Church, and appoints archbishops, bishops, and deans on the advice of the Prime Minister. In addition, 26 members of the House of Lords are the archbishops and bishops of the Church.

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