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Terry A Mitchell

Constitutional Choices for New Democracies


By: Shawn Cox
Submitted: 2010-06-17 19:17:41 | Word Count: 788


In a country that is undergoing a democratic transition for the first time, it is extremely important to evaluate advantages and disadvantages of different types of relations between branches of the state authority. Many of the limits that have been just imposed on the people should be properly justified. The character of the government should be determined by a combination of beliefs. When combined together, these beliefs are concerned with the lawful and unchallengeable transmission of authority. Usually the authority is transmitted from generation to generation. In general, the constitutional process is rather long. The same thing can be told about the executive policy. This kind of policy is characterized as gradually worked out and adapted. The policy is adopted according to the individual wishes of the people. Presidential democracy is the best and the most effective types of government as it ensures strict control from the top level and stability.
The main advantages of presidential democracy are stability and direct mandate. In this type of power, executive branch is separated from the legislature in presidential democracy. The head of the states, the President, protects the system from centrifugal tendencies, which would otherwise threaten to tear the country apart. Presidential democracy allows a long-term perspective to prevail over short-term expediency. For all these reasons, there is a widespread belief that political leadership is exercised from the centre (Plattner, 2007). Only political leaders at the central level have the authority to take the initiative and to exercise leadership. In contrast to other types of democracies, the presidential democracy is more advantageous as it limits impact on the Parliament and parties on the state sovereignty and political stability inside the country. The examples of the presidential democracy are the Republic of the post-Soviet Union and the South American countries: the republic of Belarus, Armenia, Haiti, Uruguay, El Salvador etc, and the United States (Barry et al 2001).

Parliamentary democracy will not suit well for the country in transition because the state leaders of the executive branch are appointed from the legislature power only. The main threat for the weak state power is that in parliamentary democracy, legislative and executive branches of power are closely connected. Moreover, the presence of representatives of the central state in the (ministerial field services ensures that decisions taken at the local level are supervised and coordinated. Overall, the leadership capacities of the government institutions are not formally restricted by the powers of the local governmental agencies (for the structure of local power) (Plattner, 2007). Furthermore, the ordinary person looks towards the central state for guidance and for the resolution of the problems. The advantages of this system are that in contrast to the presidential democracy, in parliamentary democracy there is a clear distinction between the head of the state and the head of the government. The myth of the all-powerful governance is ingrained in the national political culture. In the political tradition, the state does not represent divisive, sectional interests, but the common good. It represents the will of the population, legislating on its behalf and implementing legislation in a way which is rational and impartial. The government defends the individual against potentially harmful private interests. Among countries with parliamentary democracy are Albania, Israel, Slovakia, Ukraine and Vietnam. Still, this form of democracy will lead to political instability and conflicts between branches of power (Carey, 1997).
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In a weak country, semi-presidential system will not work well because the main institutions of power are not formatted yet. Therefore, both constitutionally and politically, the remit of political leaders at the central level is both legitimized and unbounded by territorial constraints. At the same time, while in a formal sense centre—periphery relations are similar to those found in presidential democracy, in practice the role of local government is more influential than its presidential democracy counterpart (Plattner, 2007). For by placing no idea beyond criticism, by elevating no principle, including the principle of democracy itself, into a human rights dogma that is to be venerated or at least unquestioningly accepted, it submits not only the life of its momentary government but the validity of the state itself to the verdict of public opinion. Thus, whatever its inner confidence or fears, the democratic state must be prepared to live always in a state of ideological siege and political turmoil, even, possibly, of drastic political change (Bell, 2006). Semi-presidential system exists in France, Algeria, Lebanon, etc. Amongst other reforms, the powers of presidential democracy enjoyed by the state-appointed ministers over local councils should be reduced; a new tier of elected local authorities at the regional level should be introduced; and more powers should be given to the mayors of municipal councils (Plattner, 2007).

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