The common problem of decentralization is how to solve the contradiction between administration and legislation. One way is to adopt the parliamentary system. Under the parliamentary system, the leadership of the executive comes from the majority of seats in the legislative branch. The executive and the legislature are not completely separated. It is generally believed in modern times that a successful and stable liberal democratic political system does not necessarily require a complete separation of powers. In fact, except for the United States, all countries that adopted the presidential system at the beginning of democracy ended in failure for the first time. On the contrary, the parliamentary system has a higher success rate.
Even in the United States, where the separation of powers is the most successful, there are still obstacles in how to solve the contradictions among the three departments. During the Great Depression (1929), Roosevelt came to power and promulgated a series of decrees, and gained unprecedented power in the history of the US president through the authorization of Congress. However, American federal courts often reject some laws. Results In June 1935+ 10, the Supreme Court declared Roosevelt's National Industrial Recovery Act unconstitutional by 8 votes to 1. In the same year, when an unemployed worker tried to obtain wage compensation by using the minimum wage law, the defendant's lawyer directly pointed out that the bill violated the amendment of the US Constitution 14. In order to carry out the New Deal, Roosevelt carried out E68a84E8a2ad799be5baa6e997aee7ad9431332623835381936 on March 6th.
decentralization of authority
"fireside chats", directed at the judiciary, asked Congress to allow him to increase the number of Supreme Court judges without restriction, and indirectly put the judiciary under the jurisdiction of the executive branch. This caused a heated discussion throughout the country. Later, the Chief Justice of the Federal Supreme Court ruled that the minimum wage law was not unconstitutional. Some people think that the judges made concessions at that time to ensure the political pattern of separation of powers.
British cabinet system
The separation of powers in Britain is very different from that in the United States, mainly because the political reality in Britain is different from that in other places. The British Parliament consists of two houses.
The House of Lords, also known as the House of Lords, is mainly composed of royal descendants, hereditary aristocrats, newly appointed aristocrats, judges of the Court of Appeal and important church figures. The House of Lords is the highest judicial organ in Britain. According to English tradition, the Speaker of the House of Lords is also the Chief Justice. Britain's chief justice, minister of law, holds a high position. He is not only a national judicial leader, but also a cabinet minister.
The House of Commons is also called the House of Commons or the House of Representatives, and its members are directly elected by voters according to the majority representation system of small constituencies.
The House of Commons exercises legislative power, financial power and administrative supervision power. The procedure of legislation is generally to introduce a bill, debate it in parliament, pass it on the third reading, send it to the House of Lords for approval, and finally submit it to the King of England for approval and promulgation. The financial power of parliament is exercised by the House of Commons, and the financial power is dominated by the Cabinet. The power of parliament to supervise the administration is to question the work of government ministers through members; Debate on government policies; Ratify or veto treaties concluded by the government; At the same time, Parliament has the right to propose motion of no confidence to the government. When this happens, the cabinet must resign or ask the king to dissolve the House of Commons and call an early general election.
Compared with the House of Commons, the power of the House of Lords is relatively limited. Its power mainly includes shelving the veto power and having the right to examine bills passed by the House of Commons. If the House of Lords disagrees with the bill passed by the House of Commons, it will only take effect after 1 year, and for the financial bill passed by the House of Commons, it can only take 1 month. The House of Lords retains the judicial power left over from history. It is the highest court of appeal and the highest judicial organ in Britain. The House of Lords has the power to hear all civil and criminal appeals in Scotland except criminal cases, as well as aristocratic cases and impeachment cases brought by the House of Commons.
Basically, Britain is also a country with separation of powers. However, due to historical reasons, there is no explicit constitution in Britain, so that the position of legislative power in the separation of three powers is higher than the other two powers (namely, administrative power and judicial power), that is, any bill passed by parliament is the supreme bill and is not regulated by any constitutional charter. The British Parliament can pass any new bill, and the judiciary has no right to declare it invalid (such as Pickin v British Railway Board).
In addition, traditionally, the power of British administration comes from two aspects, one is the bill passed by parliament, and the other is the royal privilege. The privilege of the British king comes from some rights held by the British king, such as the right to sign international conventions, the right to declare war, the right to issue passports to nationals, and the right to Amnesty. The privilege of the king is also a power that judicial power cannot challenge. So to sum up, legislative power is the highest power in Britain, and this arrangement is also the cornerstone of the Constitution. The second is administrative power, and the lowest is judicial power. In Britain, the judiciary only decides cases according to existing laws and cases in common law.
It is worth mentioning that although Parliament (House of Commons) is democratically elected, the post of Prime Minister (the head of the executive) is appointed by the King of England as the leader of the largest political party that constitutes Parliament. In other words, the ruling party is a political party that exercises political power and legislative power in Britain, and the government can easily use its influence to pass some laws that are beneficial to itself, such as the 1965 war dam.