Government Presidential Form vs. Parliamentary Form

POLITICAL LAW QUESTION 2006

1. a) What is the principal identifying feature of a presidential form of government? Explain.

SUGGESTED ANSWER:

The principal identifying feature of a presidential form of government is embodied in the separation of powers doctrine. Each department of government exercises powers granted to it by the Constitution and may not control, interfere with or encroach upon the acts done within the constitutional competence of the others. However, the Constitution also gives each department certain powers by which it may definitely restrain the others from improvident action, thereby maintaining a system of checks and balances among them, thus, preserving the will of the sovereign expressed in the Constitution.

b) What are the essential characteristics of a parliamentary form of government?

SUGGESTED ANSWER:

The essential characteristics of a parliamentary form of government are: the fusion of the legislative and executive branches in parliament; the prime minister, who is the head of government, and the members of the cabinet, are chosen from among the members of parliament and as such are accountable to the latter; and the prime minister may be removed from office by a vote of loss of confidence of parliament. There may be a head of state who may or may not be elected.