The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial. These tasks are assigned to different institutions in such a way that each of them can check the others. As a result, no one institution can become so powerful in a democracy as to destroy this system. Show
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The Three Powers: Legislature, Executive, JudiciaryChecks and balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution. Clear DistinctionsThe separation of powers is also reflected in the fact that certain functions must not be exercised by one and the same person. Thus, the Federal President cannot at the same time be a Member of the National Council, or a judge who is appointed Minister or elected to be a Member of the National Council must be temporarily suspended from his/her judicial duties. The Legislative PowerThe first of the three powers has the task of passing laws and supervising their implementation. It is exercised by Parliament – i.e. the National and Federal Councils – and the Provincial Diets. The implementation of laws is the task of the executive and judicial branches The Executive PowerThe executive branch has the task of implementing laws. It comprises the Federal Government, the Federal President and all federal authorities including the police and the armed forces. The Judicial Power (Judiciary)Judges administer justice, viz. they decide disputes independently and impartially. It is their task to ensure that laws are complied with. Judges cannot be deposed and cannot be assigned other positions against their will. And the Parties?As in other democratic countries the separation of powers is also in Austria affected by the realities of the Party State. The Members of government are, as a rule, members of those parties which have a majority in Parliament. New Face of Separation of Powers: The Opposition exercising ControlAs a result, one important democratic task is more and more often taken over by the opposition parties: controlling the Government. The classical separation of powers is given a new dimension – the confrontation of the governing majority and the opposition. While this aspect is not enshrined in the written Constitution, it is a fact of political reality. The Legislature checks the ExecutiveParliament exercises control over the executive, it checks the work of the Federal Government and the administrative institutions. The Government has to justify itself to Parliament in respect of everything it does or causes the administration to do. The Legislature is also Subject to ControlOn the other hand, the Executive – in the person of the Federal President acting on a proposal made by the Federal Government – has the right to dissolve the National Council. Laws passed by the National Council can be checked by the Constitutional Court and declared null and void if they are found to be unconstitutional. The Legislature and the JudiciaryThe only influence legislature has on the judiciary is that it passes the laws that the courts have to comply with. The ExecutiveThe two components of the Executive – the Administration and the Judiciary – are organised upon strictly separate lines, with one exception: the Administration is checked by the courts of public law (the Administrative Court, the Constitutional Court and the Asylum Court). The Constitution contains strict rules on how tasks are assigned to the Administration or the Judiciary. To give one example: Fines exceeding a certain amount can only be imposed by courts. Image From Wikipedia. ⛔STOP!⛔ Before you look at the answers make sure you gave this practice quiz a try so you can assess your understanding of the concepts covered in unit 2. Click here for the practice questions:AP Name Unit 2 Multiple Choice Questions. Facts about the test: The AP Comp Gov exam has 55 multiple choice questions and you will be given 60 to complete the section. That means it should take you around 15 minutes to complete 15 questions. *The following questions were not written by College Board and although they cover information outlined in the AP Comparative Government Course and Exam Description the formatting on the exam may be different. 1. One similarity between Russia’s Duma and China’s National People’s Congress is that both have... A. Played a significant role in making policy B. Extensive minority representation C. Been dominated by one political party D. Banned women from becoming representatives Answer: China is known as a "One Party State," and Russia is known as a "One Party Dominant State." The Duma has been dominated by United Russia, and the NPC has been dominated by the CCP. 📄 Study Comp Gov, Unit 2.6: Legislative Systems 2. The institution in Iran that makes laws related to civil liberties is the... A. Civil Rights Council B. Assembly of Experts C. Guardian Council D. Majles Answer: The Majlis is the national legislative body of Iran that oversees general policy such as civil rights policy. The Guardian Council ensures all policy complies with Shari'ah law. The Assembly of Experts is a judicial body that appoints and aids the Supreme Leader. 📄 Study Comp Gov, Unit 2.6: Legislative Systems 3. Both judicial systems in Nigeria and Iran... A. Reflect the British influence in following both codified and common law B. Have elements of Shari'ah law C. Reject the concept of human rights being protected by a constitution D. Forbid the use of lawyers to argue cases against the government's charged in criminal cases Answer: In Nigeria, Shari'ah has been instituted as a main body of law in 12 Muslim-majority states (mainly in the North). Iran is a theocracy with its legal code based on Shari'ah. 📄 Study Comp Gov, Unit 2.8: Judicial Systems 4. Which of the following is an accurate description of the Mexican judiciary? A. Supreme Court justices are appointed by the president and confirmed by the Senate. B. Supreme Court justices are appointed to a life term. C. There is no functioning Supreme Court in Mexico. D. Mexico’s judiciary does not have the power of judicial review. Answer: Supreme Court justices in Mexico are appointed by the president and confirmed by the Senate. They serve a term of 15 years. 📄 Study Comp Gov, Unit 2.8: Judicial Systems 5. Which of the following is NOT true of Iran's Supreme Leader? A. They oversee the civil service B. They serve as the commander-in-chief C. They appoint half of the Guardian Council D. They appoint the Expediency Council Answer: The president of Iran oversees the civil service and the bureaucracy, not the Supreme Leader. 📄 Study Comp Gov, Unit 2.3: Executive Systems 6. Who selects the head of the British government? A. The electorate B. The departing prime minister C. The majority party in the House of Lords D. The majority party in the House of Commons Answer: The UK has a parliamentary system that fused the executive and legislative branches. The majority party of the House of Commons selects the Prime Minister. 📄 Study Comp Gov, Unit 2.1: Parliamentary Systems 7. The use of judicial review in the UK is limited because... A. The UK lacks a written constitution B. Judicial review is seen as violating parliamentary sovereignty C. Legal systems in the UK are structured on common law D. The UK is a unitary state Answer: Although the UK does lack a written constitution, the lack of judicial review is because it's seen as violating parliamentary sovereignty. Parliamentary sovereignty is one of the most important aspects of the UK government. 📄 Study Comp Gov, Unit 2.9: Independent Judiciaries 8. One difference between the parliamentary and presidential forms of government is that the presidential form… A. Makes the executive electorally independent of other branches of government B. Ensures there will be no periods of divided government C. Makes the executive subject to a possible vote of no confidence by the legislature D. Creates a stronger sense of party discipline Answer: The executive in a presidential system is independent from other branches. In a parliamentary system, the executive depends on the legislature. For example, Mexico's president is elected through plurality elections, but the UK's Prime Minister is selected by the legislature. 9. The role of the executive in Nigeria is similar to that of the executive in Mexico in which of the following ways? A. The executive presides over a unitary system of government. B. The executive is limited to a single term in office. C. The legislature has a constitutional check on the executive D. The executive may be impeached by a two-thirds majority of the legislature Answer: In both countries, the legislature has various ways to check the executive. For example, in both Mexico and Nigeria, the Senate confirms presidential appointments. 📄 Study Comp Gov, Unit 2.2: Executive Systems 10. Which of the following explains a potentially negative consequence of executive term limits? A. Executive term limits make the legislative branch too strong. B. Executive term limits undermine democracy. C. Executive term limits usually harm consistent application of rule of law. D. Executive term limits can force effective executives out of office. Answer: One negative consequence of executive term limits is that successful, effective, popular executives still need to vacate the executive office upon the completion of their term limit. 📄 Study Comp Gov, Unit 2.4: Executive Term Limits 11. Which of the following is true of the cabinet in both Mexico and Nigeria? A. The courts must review all cabinet member nominations by the executive. B. The legislature must approve cabinet members nominated by the executive. C. Cabinet members must be members of the legislature. D. The cabinet is solely accountable to the executive branch. Answer: Cabinet members in both countries are nominated by the executive and must be approved by the legislature. 📄 Study Comp Gov, Unit 2.3: Executive Systems 12. Which of the following is an effect of fused executive and legislative branches in parliamentary systems? A. The legislature can remove the executive without an impeachment proceeding. B. The citizens have a more difficult time following political processes C. The judiciary has little to no power or impact as a political institution. D. The executive and legislative branches often have different policy goals. Answer: A vote of no confidence is sufficient to remove the prime minister. If a vote of no confidence is called from within the prime minister’s own party, he or she may be removed from power and replaced with someone else from the party without holding general elections. 📄 Study Comp Gov, Unit 2.5: Removal of Executives 13. The power of the Russian prime minister is more limited than the power of the prime minister in the United Kingdom because... A. The parliament in the United Kingdom has the power to pass laws, whereas the Russian parliament does not B. Only in the United Kingdom does the prime minister act as head of government C. The Russian prime minister is limited by a much more powerful head of state D. The United Kingdom has an unwritten constitution, whereas Russia has a written constitution Answer: The Russian president is the head of state, and the constitution grants the president greater authority than that of the prime minister. 📄 Study Comp Gov, Unit 2.3: Executive Systems 14. Which of the following is an accurate feature of the judiciary in China? A. There are no judges, only juries B. Judges are accountable to the public that elects them C. The Supreme Court has the power to overturn an act of the National People's Congress D. There is no independent judicial review Answer: The Russian president is the head of state, and the constitution grants the president greater authority than that of the prime minister. 📄 Study Comp Gov, Unit 2.9: Independent Judiciaries 15. In addition to its basic lawmaking function, the Federation Council of the Russian Federation also has the power to... A. Approve the president's choice of prime minister B. Ratify treaties and approve troop deployments C. Undertake votes of confidence in the government D. Appoint the chair of the Central Bank Answer: The Federation Council has the power to approve budget legislation, judicial nominees, treaties, and troop deployment. 📄 Study Comp Gov, Unit 2.6: Legislative Systems What can we help you do now? 🦘 Jump to AP Name Unit 3 Multiple Choice Questions 🤝 Connect with other students studying AP Comp Gov with Hours How does the President limit the legislative powers of Congress?The President may veto bills Congress passes, but Congress may also override a veto by a two-thirds vote in both the Senate and the House of Representatives. Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate.
Which of these is not a legislative power of the President?Detailed Solution. Option 3 is not the legislative power of the President according to the constitution. The power of adjournment lies with the presiding officer of the House. Legislative Powers of President.
Which of the following best explains how power in the National people's Congress is constrained quizlet?Which of the following best explains how power in the National People's Congress is constrained? The doctrine of parliamentary sovereignty remains intact, which means the Supreme Court has limited powers and cannot overturn parliamentary legislation.
Which of the following most accurately compares the national legislature of Iran and the United Kingdom?Which of the following most accurately compares the national legislature of Iran and the United Kingdom? In both countries. the legislatures approve legislation and oversee the budget. Which of the following is true of the bureaucracy in Mexico?
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Which of the following institutions most limit the exercise of independent legislative power?
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