PRESIDENTIAL SYSTEM OF GOVERNMENT

Presidential system of government is one in which all the executive powers are vested in one person called the president who is dully elected by the people.  It can also be seen as a system in which the executive arm of government separated from the legislature but equal to it. The President is both the head of state and head of government, and is referred to as executive president because, he has executive powers.  The president who is elected by the electorate either directly or indirectly through Electoral College and not chosen by the legislature, is the commander-in-chief of the Armed Forces.  The president appoints members of his cabinets who are also not members of the Parliament. The principle of collective  responsibility does not hold in presidential system of government and members of the cabinets are responsible to the president. Nigeria and USA are good example of presidential system of government.

Features of presidential system of government.

a.      In the presidential system of the government, the president is both the head of state and head of government.

b.     The principle of separation of powers where the executive arm of government is separated from the legislature and judiciary applies in the presidential system of government.

c.      The president and his ministers are not members of the parliament.

d.     The president is elected either directly or indirectly through an electoral college and not chosen by the legislature.

e.      The tenure of the office of the president is limited to a fixed term.

f.       The principle of checks and balances applies in presidential system of government.

g.     The cabinet/ministers are responsible to the president not the legislature.

h.     The constitution is the supreme law in a presidential system of government

i.       The president has the power to dismiss any member of his cabinet anytime

Merits of presidential system of government

a.         Separation of powers: there is clear separation of powers among the three arms of government which prevent misuse of power, since power corrupt on absolute power corrupt absolutely.

b.        Checks and Balances:  the application of the principle of checks and balances makes government official including the President cautious meticulous (careful) in carrying out their functions, which makes government very efficient and orderly.

c.         Fixed tenure of office:   the system fixes a limited period for the president to rule and give chance to others and this prevents the emergence of a president for life.

d.        Prevent the emergence of dictators: the principles of separation of powers and checks and balances make it near impossible for dictators to emerge in a presidential system of government.

e.         Effective Executive control:  the system allows the president effective control of the executive arm of government. He has the power to discipline any member of his cabinet who misbehaves, and the party has no power to discipline the president.

f.          It encourages Massive Participation: more people are given the opportunity to participate in government since members of the legislature are different from members of the cabinet.

g.        Proper Use of Talents: since the president has the right to choose members of his cabinet from anywhere even outside the parliament, it creates room for proper use of talents.

Demerits of presidential system of government

a.      It may Breeds Dictators: since power corrupts and absolute power corrupts absolutely, over concentration of powers in the president can corrupt him and makes him a dictator.

b.     Lobbying: lobbying is interpreted by many as bribery, since many legislators wait to be bribed before passing any bill initiated by the president, and this breeds corruption.

c.      Expensive to Run: the system, as a result of non-fusion of the executive and legislature makes it too expensive to run.

d.     No Security of Tenures for Ministers: since the president has the right to dismiss any member of his cabinet, there is no security of tenure for them.

e.      Frequent Friction: due to separation of the two houses, there is always disagreement between the legislature and executive, especially when the legislature is controlled by a different party. The legislature uses passing of bills initiated by the executive to hold the executive to ransom and in retaliation, the president will withhold his assent to bills passed in the legislature.

f.       Difficulty in Impeaching the President: the difficulty in the process of impeachment could make the president abuse his office and yet complete his term.

 

 

Duties/Functions of the Executive President

1.     An executive president is both the head of state and head of government, and the commander-in-chief of the Armed Forces.

2.     He prepares and presents the annual budget to the National Assembly.

3.     He appoints ministers and other members of his cabinet

4.     He awards national honours to deserving citizen of the country.

5.     With the approval of parliament, the president has right to declare state of emergency.

6.     He receives the representatives of other countries to his country.

7.     The president has the constitutional right to grant pardon to those who committed offences against the state under the prerogative of mercy.

8.      He assents to bills passed in the National Assembly.

Limitations on the Powers of the Executive President

a.      The constitution limits the term of office of the executive president in some countries like Nigeria and USA to two of four years each.

b.     The president must present list of appointed minister, ambassadors etc. to the National Assembly for approval.

c.      The principles of checks and balances curtail the powers of the president.

d.     The National Assembly has the constitutional power to impeach the president if he violets the constitution or for any corrupt act.

e.      The judiciary has the constitutional power to declare any presidential action that violets the constitution null and void and unconstitutional.

If the legislature is controlled by another party, the president’s bills could find it difficult to be passed

CONFEDERAL SYSTEM OF GOVERNMENT

Confederation can be defined as a loose political arrangement in which autonomous states come together to form a union. It is the coming together of sovereign states to form a union in which the major powers and function of a state are reserved exclusively for the component units with a weak center. It is also seen as a voluntary association of sovereign states with recognized authority in certain matters affecting the whole and especially in respect of external relations. The component states hold major powers except on common currency, defence, foreign affairs etc. in which the central government may hold powers. The component states retain their sovereignty, identity, own army, police and have the constitutional right to secede from the confederation. For instance, the coming together of the sovereign states of Senegal and Gambia to form Senegambia (1982-1989), and the European Union (EU).

 Attributes of Confederal system of Government

1.     It is a union of sovereign or autonomous states.

2.     Major functions of government are reserved exclusively for the component states.

3.     It has a weak central government.

4.     The constitution makes the component states more powerful.

5.     The component states has legal rights to secede.

6.     Citizens has to obey only one government, i.e. their own government.

7.     The component states retain their sovereignty and identity.

Advantages of Confederal system of Government

a.      It brings weak and small sovereign states together to fight as one formidable nation against any external attack.

b.     It allows component states to retain their sovereignty and identity instead of losing it to the central government.      

 .      There is no fear of domination since all component states are given the absolute right to run their affairs. No state can claim superiority over any state.

d.     Decisions are taken by members of a confederal states based on consensus earlier reached.

e.      It encourages healthy competition among the sovereign states involved, and this leads to rapid development.

f.       It gives the component states the opportunity to make diverse laws that will suit their diverse states.

g.     Confederation guarantees wider consultation especially in the formulation of policies that concern all the states.

Disadvantages of Confederal system of Government

a.      Major functions or powers of government are reserved exclusively for the components states instead of the central government.

b.     Confederalism is not popular because it has a weak central government.

c.      Another weakness of the system has no future since the component states are granted the legal right to secede anytime they wish to do so.

d.     It is repudiated by many nations because of its inherent political instability.

e.      It is not popular because of the fact that the component states retain their sovereignty and identity instead of losing them to the common union.

f.       Confederation does not allow for even development.

g.     It does not guarantees political unity rather, it encourages disintegration.

Differences between federation and confederation.

1.     In a federation, sovereignty is rested on the central government, while in a confederation, sovereignty rests with the component states.

2.     The component states in a federation do not have the legal right to secede, while in a confederation, they are free to do so.

3.     Major Powers are reserved exclusively for the central government in a federation, while in confederation, the major powers belong to the component states.

4.     In a federation, the centre is stronger than the component states, while in a confederation, the component states are stronger.

5.     Citizens obey two governments in a federation- the central and state governments, while the citizens in a confederation obey only their component states.

6.     A federation maintain rigid constitution, while confederation maintain flexible constitution.

FEDERAL SYSTEM OF GOVERNMENT

 Federal system of government is a system in which governmental powers that exist in the country are shared between the central and the component regions or states, in such that each government is constitutionally independent and autonomous. It does not mean that the powers are shared equally between the central and component governments, powers are shared according to the provisions of the constitution. Countries that adopt federal system of government include USA, Nigeria, Brazil, Switzerland, India etc.

Features of Federal system of Government

1.     There is division of powers between the central and component governments of a state.

2.     The different governments derived their powers from the constitution.

3.     All countries that adopt federal system of government adopt written constitution.

4.     There is supremacy of the constitution in a federal system of government.

5.     There is the existence of Supreme Court for judicial interpretation and review.

6.     There is the existence of bi-cameral legislature

7.     There is duplication of organs of government in all governments.

Reasons for the Adoption of federal system of government.

a.      Fear of Domination: in countries that there exist multi-ethnic group, the fear of one ethnic group dominating the other may give rise to the establishment of Federalism.

b.     Tribal Differences: differences in culture, religion, language, custom/tradition etc. among different groups of a country may give rise to the adoption of federal system of government.

c.      The Size of the Country: large population and wide geographical are some of the reasons that give rise to  the adoption of Federalism

d.     Protection of the interest of Minority: In countries that have majority and minority groups, it will be necessary to adopt federalism in order to protect the interest of the minority.

e.      For Rapid and Even Development: federalism leads to rapid development as a result of competition among the component groups that make up the country, hence the reason for its adoption.

f.       To create more Employment opportunities: Federalism creates more employment opportunities through division of powers and the duplication of ministries and offices.

Advantages of Federal System of Government

1.     Faster Development: the division of powers into different areas in a federation ensures faster development.

2.     Unity in Diversity: Federalism provides for the diverse element that made up the country through the recognition of the different ethnic groups that exist in the country.

3.     It Allays Fear of Domination: fear of domination of one ethnic group on others are reduced by federalism as a result of autonomy given to each ethnic group within the federation.

4.     Encourages Healthy Competition: Federalism encourages healthy competition among the component states, which goes a long way in leading to rapid development.

5.     It Brings Government closer to the People: Federalism which involves division of a country into smaller government brings these government to the door steps of the people.

6.     It allows for greater Participation of People in Government: this is made possible by the division of powers into central and component states, which gives rise to the duplication of offices and the requirement of more people to manage these offices.

Disadvantages of Federal System of Government

1.     Inter-state Friction: Federalism causes disagreement among states that made up the federation. This is as a result of differences in opinion among the component states into which powers are divided.

2.     It Breeds Sectional Consciousness: division of a country into different areas as done in a federal state breeds regional or state consciousness instead of national consciousness.

3.     Duplication of Organs of Government: All countries that practice federal system of government have the same structures of government that are in the central government in all the federating units, thereby duplicating unnecessarily.

4.     It is Expensive to Operate: It cost a lot in terms of materials and human resources required to operate a federal system of government mainly because of the duplication of offices.

5.     Fear of Domination: though powers that exist in a country are divided among the federating units, there still exist the fear of one ethnic group dominating others at the centre.

6.     It Leads to Dual Loyalty: the citizens tend to have two different government to demonstrate their loyalty, which is loyalty to their states and to the central government.

How powers or Function are Shared between the Central/Federal Government and the State Government in a Federation.

In a federal system of government, powers or functions are shared between the central government and the regional or state governments in the constitution, so that each government will be independent within the sphere of powers allocated to it., and in no way subordinate to the other. Powers are shared in the following ways:

Exclusive List or Powers

These are powers that are reserved exclusively for the federal government alone. This means that only the central or federal government can legislate on the subjects in the exclusive list. Interference of the regional or state governments on matters in the exclusive list can be declared null and void and unconstitutional. Powers under exclusive list include; defence, foreign affairs, security, currency, census, international trade etc.

Concurrent list or Powers

These are areas where powers are jointly shared by both the central and state governments. As stated in the constitution, even though both governments can make laws on matters that fall under the concurrent lists, the central government is supreme. This means that in case there is conflict on laws made by both government on such matters, the central or federal government laws will supersede that of the regional or state governments. Concurrent powers include powers include; health, education, agriculture, roads, housing etc.

Residual List or Powers

These are powers that are reserved for the regional or state governments to legislate on. They are powers that are not in the exclusive and concurrent lists. Though in some countries/constitutions, residual powers are exercised by both government. But in the case of Nigeria, the constitution set aside these powers for the state government alone. Residual powers include; chieftaincy matters, local government, market, taxations etc.