Comparison of the USA, UK and Czech Republic Aneta Štěpánková Definition •Separation of powers •= the trias politica principle •= the tripartite system •a model for the governance of a state •under this model, the state is divided into branches, each with separate, independent and unique powers and areas of responsibility •These branches are : > http://www.zapiro.com/Cartoons/m_120216mg.jpg Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law. History of the term •The „separation of powers“ model was based on: •the British constitutional system •the Constitution of the Roman Republic •Aristotle – „Mixed government (constitution)“ •a form of government that integrates elements of democracy, aristocracy, and monarchy •some issues are decided by the majority of the people, some other issues by few, and some other issues by a single person • • •Baron de Montesquieu (1689-1755) •Charles-Louis de Secondat, Baron de La Brède et de Montesquieu •French Enlightenment political philosopher http://4.bp.blogspot.com/-lCbbhoisw48/UgeCEzCUifI/AAAAAAAADrk/xufJTpZErzg/s1600/raphael-aristotle-a nd-plato-detail-of-school-of-athens-1510-11-fresco-detail-of-472-_i-G-65-6503-JKW6100Z.jpg Raphael : The School of Athens in the Apostolic Palace in the Vatican Responsibility of the branches if necessary, it declares war, approves presence of foreign military forces in the Czech Republic or a dispatch of Czech military forces abroad. Legislature •The Parliament of the Czech Republic •Bicameral type of parliament: •The Upper House : The Senate •81 Senators •President of the Senate •voting system – two-round •The Lower House: The Chamber of Deputies •200 Deputies •Chair of the Chamber of Deputies •voting system – proportional representation •Functions: •it holds and passes bills •the right to modify the Constitution •ratifies international agreements https://www.suunto.com/Global/Flags/flag-czech-republic-570x285pix.jpg Logo Poslanecká sněmovna Parlamentu České republiky https://encrypted-tbn2.gstatic.com/images?q=tbn:ANd9GcT0LXU1pmot_m-UIKS0MP8FodNFBMJOSibepj2CPZX2Y0x eAKnigA Executive •Government of the Czech Republic •14 Ministries •Prime Minister •President •Direct election •Countersigning of both himself and the Prime Minister of the Czech Republic •A veto •= the power to unilaterally stop an official action, especially the enactment of legislation •Appointment of persons to key high offices •the Supreme and Constitutional Courts judges (with the permission of the Senate) •members of the Bank Board of the Czech National Bank •Ceremonial powers https://www.suunto.com/Global/Flags/flag-czech-republic-570x285pix.jpg File:Flag of the president of the Czech Republic.svg Judiciary •the protection of rights in a manner defined by legislation •responsibility for deciding guilt and penalty •administered by the Ministry of Justice. •professional judges, •named for life by the President •may not be recalled or transferred without their will •a four-tier system of courts and two-instance proceedings: •2 supreme courts (nejvyšší soudy) •one for ordinary and one for administrative matters •2 high courts (vrchní soud) •one in Prague and one in Olomouc •8 regional courts (krajské soudy) •86 district courts (okresní soudy) •3 types of jurisdiction: •courts of general jurisdiction •Administrative courts •the Constitutional Court of the Czech Republic • • https://www.suunto.com/Global/Flags/flag-czech-republic-570x285pix.jpg Ústavního soudu České republiky •Role of the Sovereign •Important, but formal •Legislature • Royal Assent to all Bills to became Acts •Executive •appointment of all ministers of His/Her Majesty's Government •government in the name of the Crown •Judiciary •appointment of all senior judges •Fusion of powers – „a weak separation of powers“ •a feature of parliamentary democracies, wherein the executive and legislative branches are mixed http://domidar.cz/obr/UK.jpg http://2.bp.blogspot.com/-FeiBiLF5Eso/T3hC8hqZdJI/AAAAAAAAAso/sn3ugcsJWpI/s1600/queen-elizabeth-ii2 .jpg Royal Prerogative powers •Domestic powers •The power to dismiss and appoint a Prime Minister. •The power to dismiss and appoint other ministers. This power is exercised by the Prime Minister alone. •The power to grant Royal Assent to bills, making them valid laws •no Monarch has refused assent to a bill passed by Parliament since Queen Anne in 1708. •The power to command the Armed Forces of the United Kingdom. •In fact, the power is exercised by the Defence Council in the Queen's name. •The power to issue and withdraw passports •The power to grant Prerogative of mercy •used to remedy errors in sentence calculation •The power to grant honours •Foreign powers •The power to ratify and make treaties •The power to deploy the Armed Forces overseas •The power to recognize states •The power to credit and receive diplomats •The power to declare war and conclude peace with other nations • • http://domidar.cz/obr/UK.jpg Legislature •Parliament •The Parliament of the United Kingdom of Great Britain and Northern Ireland, •the UK Parliament •the British Parliament •the Westminster Parliament •Bicameral type of parliament: •Total : 1,431 seats •The Lower House : the House of Commons •650 Members of Parliament (MPs) •presiding officer : Speaker of the House of Commons •voting system – simple plurality •The Upper House: the House of Lords •781 Lords Temporal and Spiritual •the Lords Spiritual (the senior bishops of the Church of England) •the Lords Temporal (members of the British nobility) •presiding officer : Lord Speaker •No election – appointment by the Sovereign http://domidar.cz/obr/UK.jpg http://tanuljunkegyuttangolul.com/wp-content/uploads/2013/03/big_ben_londres_onibus.jpg Executive •Government •Her Majesty's Government (HMG) •The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and ultimately to the electorate •Prime Minister •the head of Her Majesty's Government in the United Kingdom •David Cameron •10 Downing Street •weekly meetings with the monarch •Cabinet •the ultimate collective decision-making body of Her Majesty's Government, composed of the Prime Minister and some 22 Cabinet ministers, the most senior of the government ministers. •Government Departments •24 Ministerial Departments (ministerstva) •23 non-Ministerial Departments (ústřední orgány státní správy) • http://domidar.cz/obr/UK.jpg http://upload.wikimedia.org/wikipedia/commons/2/21/David_Cameron_official.jpg Judiciary •the three legal systems in England and Wales, Northern Ireland and Scotland •The UK-wide jurisdiction: •the Special Immigration Appeals Commission •Employment Tribunals •Employment Appeal Tribunal •the Supreme Court of the United Kingdom •the highest appeal court in almost all cases in England and Wales •England and Wales: •The Senior Courts of England and Wales •Court of Appeal •the Civil Division •the High Court and County Court •Criminal Division •the Crown Court •High Court •a civil court of first instance and a criminal and civil appellate court for cases from the subordinate courts •Crown Court •a criminal court of both original and appellate jurisdiction •Subordinate courts •Magistrates´Courts •a criminal court of first instance •Family Proceedings Courts •Youth Courts •County Courts •a purely civil jurisdiction, sitting in 92 different towns and cities across England and Wales. • • • • http://domidar.cz/obr/UK.jpg The Lord Chief Justice https://p.gr-assets.com/540x540/fit/hostedimages/1380995616/3735625.png MANNERS AND CUSTOMS OF YE ENGLYSH IN 1849 Highest Court of law in ye kyngdom. Ye Lords hearyng appeals. http://kids.usa.gov/Assets/kids.gov/images/kids/Three_Branches_Govt.png http://www.kuhnglobal.net/wp-content/uploads/2013/01/2009-usa-flag-graphics.jpg http://img.docstoccdn.com/thumb/orig/95141737.png http://www.kuhnglobal.net/wp-content/uploads/2013/01/2009-usa-flag-graphics.jpg http://www.kuhnglobal.net/wp-content/uploads/2013/01/2009-usa-flag-graphics.jpg http://i0.wp.com/hankeringforhistory.com/wp-content/uploads/Checks-and-Balances-unequal.gif http://1.bp.blogspot.com/_nDIaXzJuC_U/TIZCz9mpT8I/AAAAAAAAACk/gpqwDK6gWOc/s1600/Thanks_mcHT_Smiley- vi.gif Sources •https://archive.org/details/mannerscustomsof00doyl •http://www.docstoc.com/docs/95141737/Checks-and-Balances-Chart---PowerPoint •Wikipedia.org • •