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The Executive

The Executive. Presidents and Prime Ministers, Kings and Queens (and the Bureaucracy too) June 2 4 th 2013. The Executive. Of the judiciary, legislative and executive branches of government, the latter most directly impacts citizens.

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The Executive

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  1. The Executive Presidents and Prime Ministers, Kings and Queens (and the Bureaucracy too) June 24th 2013

  2. The Executive • Of the judiciary, legislative and executive branches of government, the latter most directly impacts citizens. • Executive: “branch of government concerned with the implementation and enforcement of laws and other authoritative decisions of the state. The executive also formulates public policy and provides political leadership.”

  3. The Partisan and the Non-Partisan • Political wing – elected officials (in democracy); partisan • Administrative wing • The bureaucracy • Members are non-partisan (act impartially) • Positions achieved due to merit • Job security • Together, this is known as the Public Sector • Para-public sector

  4. Rise of the Cabinet • Executive recognized as oldest branch of government, absolute sovereign • Bureaucrats, tax collectors, judges • In the West, it is the Glorious Revolution that changes the relationship that begins to limit executive power • In order to ensure efficiency of politics, Britain develops a fused Executive/Legislature: Cabinet

  5. Components of the Executive (pg 192)

  6. Executive Functions • Political Leadership • Most legislation proposed by executive • Implement laws • Legislative approves it, but up to executive to implement • Make Rules and Regulations • Putting meat on the bones • Administer Departments and Agencies • Relies on lower level specialists to administer wide range of responsibilities

  7. Head of State and Head of Government • Dual Executive: “posts of head of state and head of government are divided , and each is held by a separate officeholder. In a parliamentary system, the head of state is a constitutional monarch or an elected president. PM is head of government (Canada, UK, France).” • Single Executive: “head of state and head of government is combined and held by a single office holder. Typical in presidential systems (US, Argentina, Mexico).” - Heard

  8. Constitutional Monarchies • Dual Executive • Position of Head of State is hereditary • Different rules of ascension – complicated to change • Canada, the UK, Norway, Japan • Queen’s Representatives • Advice of Parliament

  9. Parliamentary Republics • Dual Executive • While head of state is President, not a Presidential system • (eg Austria, Germany, Ireland, Italy, Greece) • Sometimes directly elected, others indirectly elected • PM appointed by President, usually representative of largest party in parliament • PM provides President advice, President bound to act on PMs advice (very little independent power)

  10. Prerogative Power of the HoS • Appointing and dismissing a PM • Head of State appoints Head of Government • Usually leader of biggest party • Convention • Dismissal of the Head of government • Reserve power • Australia

  11. Prerogative Power - Dissolution • By convention, HoS dissolves legislature on advice of HoG – though, not bound by law to do so • King-Byng and Prorogation

  12. Parliamentary Government and Horizontal Power • In Westminster systems, the executive sits as part of the legislature • Fusion of Powers • House business is dominated by the executive (cabinet and PM), via Speech from the Throne and answering questions during question period • Responsible Government (confidence) • Concentration of power

  13. Advantages and Disadvantages of Parliamentary Government

  14. The Presidential System • Primarily the US, Central and South America • Extreme Separation of Powers, desire to ensure no one office holds too much power • Congress and Cabinet • Head of State and Head of Government are the same person • Strong ‘checks and balances’, President can veto Congress, Congress can veto President • Shared legislative power • International agreements, Appointments

  15. Presidential System Continued • Set election dates mean HoS has no responsibility/ability to dissolve legislature • President can’t be voted out by non-confidence (though, can be impeached “Treason, Bribery or Other High Crimes or Misdemeanors”)

  16. Advantages and Disadvantages of Presidential Government

  17. Semi-Presidential System • A mix of parliamentary and presidential systems • Elected president, though unlike parliamentary republic, president has power • Examples: France, Russia, Finland, Poland • President is, ostensibly, the head of government and head of state. Though, PM runs day to day government • President can, often, fire PM, even with confidence of house • (France does things differently)

  18. Prime Ministers • PM sits in Cabinet as “first among equals” • Though the King’s power was officially limited in the 1680s, Monarchs (in Britain) maintained much influence in policy until 1832 – this institutionalized the PM as head of government • Monarch’s power officially limited to: “the right to be consulted, the right to encourage, the right to warn.”

  19. Prime Ministers and Power • 19th Century, major shift from crown to Parliament, 20th Century, major shift from Parliament to Executive, currently shift of power from Cabinet to PM • Collective Responsibility – Every bill produced by cabinet reflects government policy and is a reflection of the performance of the government

  20. Cabinet and Parliament • Cabinet Solidarity: members of Cabinet must publicly support all government policy, even if they, personally, disagree with it • Cabinet meetings is a venue for dissent • Cabinet Ministers who cannot live up to this requirement stop being Cabinet Ministers (Michael Chong, Robin Cook)

  21. Cabinet in Parliament 2 • Ministerial Responsibility: Ministers are responsible to parliament not just for their own actions, but also for those working in the administrative wing of the department. • With power being concentrated in the Executive or PM, how are governments held accountable in parliamentary democracy? • Financial Auditing (power of the purse…again) • Question Period • The Media

  22. Prime Ministerial Government • Refers to concentration of power in hands of PM • Power of the PM can exist in writing, or in convention • Powers: • Appointments to Cabinet • How many Cabinet Ministers and Ministries • Calling a general election • Fixed election dates? • Appointment of other offices • Patronage

  23. PM Powers Cont… • Powers Cont… • Chair Cabinet Meetings • What PM says goes • Chief Spokesman of Government • Correcting speech • Limits on Power • Coalition Government • Regional/Social Group Representation • Bureaucracy • Party Constitutions • Size of Government • PM’s Personality

  24. Presidents • Not ‘first among equals’ just first – full executive power vested in this office • Cabinet may be stacked with experts, but no requirement even for policy consultation • Directly elected

  25. Limiting a President’s Power • Unlike PM, President cannot decide the number, size and funding of departments - Congress • Senate confirmation for Cabinet, Ambassadors, Head of CIA, FBI, Supreme Court • International Treaties must be approved by legislature (unlike Parliamentary systems) • Can, effectively, wage war without legislative support

  26. Central Agencies • Not formal ministries or departments, rather “assist the political executive to coordinate and control overall government operations. Providing both policy advice and administrative support” – Heard • PMO – Develop overarching government strategy, speeches (political appointments) • PCO – Controls flow of information to cabinet, offers policy advice (non-partisan) • Department of Finance/Treasury Board – Funding and Cuts • EOP – Helps ensure President’s workload is ‘manageable’, Chief of Staff acts like gate-keeper

  27. Bureaucracy • Manage the day-to-day responsibilities that help make the country run • Bureaucracy has significant negative connotations, laziness, inefficiency etc. • To run like a business, or not? • Weber: Bureaucracy most rational form of governance

  28. Traits of an Effective Bureaucracy • Organized hierarchically • Specialization/Expertise • Decisions based on impersonal and non-partisan rules • Demarcation of authority between departments • Merit • Advancement through achievement or seniority

  29. Deputy Ministers • Top advisor in the department • Usually recruited from public service • Offer expert advice and identification of issues • Primary point for input from lobbyists • Fine tuning rules within laws and public policies • Managing the department

  30. Line Officials • These are the bureaucrats we’re most familiar with – front line customer service. • Responsibilities: • Implementation of Public Policies • Enforcing Rules • Interpreting Public Policies • Adjudicating

  31. Key Elements of a Professional Bureaucracy • Merit rather than Patronage (1918) • Tenure, helps build expertise • Neutrality, non-partisanship • Anonymity, helps avoid charges of partisanship • Representativeness – better understanding of groups services are intended to help

  32. Bureaucratic Forms • Departments • Hands-on Minister intervention, high responsibility to parliament • Regulatory Agencies • Appointed by Minister, but as an adjudicating body, minister cannot influence • State-Owned Corps/Crown Corps • Arms-length from government. Corporate heads have significant freedoms of action within mandate, though often financed by government

  33. Controlling the Bureaucracy • While bureaucrats serve government, the power of bureaucrats can grow over time. • Expertise, Longevity, Ministerial Responsibility • Governments have moved to change this relationship • New DMs with new Ministers • Hiring more political staff to offset expertise of bureaucrats who may not share government ideology • Using Central Agencies to increase accountability • Political Parties with a vision

  34. NPM in Theory • Philosophy developed out of 1980s • Post-War boom had begun to fade, debt increase • Solution? • Run government like a business! • Privatization, cuts to welfare state • Incorporation of performance measurement Separation of Administration from politics • Aim to make government spend its resources most efficiently

  35. NPM in Practice • A number of countries embraced this fully, others less so (UK, US and Aus; Canada) • Critique 1: Efficiency is only one part of service; ‘due process vs red tape’ - protections? • Critique 2: Quantification of outputs/outcomes can be virtually impossible to meaningfully measure • Critique 3: Fallout is not immediately obvious. Deregulation of capital markets in the 1980s led to the 2008 economic collapse. • Critique 4*: Too many managers…

  36. Review: The Executive • Political and Non-political • Cabinet • Head of State vs Head of Government • Parliamentary Political Systems • Constitutional Monarchy vs Parliamentary Republic • Prerogative Power

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