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Parliamentary – Constitutional Structure | CSS Constitutional Law Notes

Parliamentary – Constitutional Structure
CSS Constitutional Law Notes

The modern concept of prime ministerial government originated in the Kingdom of Great Britain (1707–1800) and its contemporary, the Parliamentary System in Sweden (1721–1772)

In a parliamentary system, by contrast, the legislature holds supreme power. The prime minister is chosen by members of the legislature (Parliament) from among their own number and in practice is the leader of the majority party in the legislature. The cabinet members must also belong to the legislature, where they are subject to the same kind of questioning that the prime minister experiences. If the prime minister loses the support of the majority in the legislature on a significant vote, he or she must resign, and elections are called immediately. Thus, whereas in the United States, elections are held at fixed intervals, in Britain and other parliamentary countries, they may occur at any time, the only restriction being (in Britain) that they must be held at least once every five years.

This form of government exists in countries like Britain, Pakistan, India and Canada. The Features of Parliamentary Form of Government has been discussed below:

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CSS Constitutional Law Notes | Governing Systems and Executive-Legislative Relations

Governing Systems and Executive-Legislative Relations

(Presidential, Parliamentary and Hybrid Systems)

The relations among a country’s governing institutions differ depending on whether a country has a presidential, parliamentary or hybrid political system. Although each country has its own variance on these political typologies, some conclusions have been drawn about the characteristics of each of these systems and their relationship to political conflict and executive and legislative power. These generalizations are useful for helping to determine characteristics of political systems of other nations three aspects of executive-legislative relations:

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Constitutional Law CSS Notes CSS Optional subjects

Constitutional Structures (Parliamentary, Presidential, Separation of Powers) | CSS Constitutional Law Notes

The Concept of a Constitution

The whole concept of a constitution emerged from the concept of Natural Law because it was thought that nature works on certain fundamentals and therefore, there is a harmony in nature. Thus human organizations must also work on certain fundamentals and only then, there will be harmony.

In the beginning, when the man was in the state of nature, no constitution was needed. The need for a constitution arose when the men decided to live in a society or a specified territory.