PARLIAMENT: RESEARCH UNIT OF THE REPUBLIC OF SOUTH AFRICA

A Comparative Analysis on the Role of Prime Ministers in England, Canada, Lesotho, Namibia and India.

7 March 2008

1. Introduction

In politics, government refers to the governing authority within a political society.1 In the contemporary context, it refers to the three branches of government, namely the Executive, the Legislature and the Judiciary.

The Executive branch of government is responsible for the day to day running of a country and also consists of the Head of State. Central to the notion of the branches of government, is the notion of separation of powers, where the Executive does not possess the power to make laws or interpret them. These functions fall within the exclusive capacity of the Legislature and the Judiciary, respectively. In a global context, each sovereign state is responsible for the management of that state and subsequently various forms of the government exist.

This paper will provide a comparative analysis of the role of Prime Ministers, initially providing a brief explanation of relevant political terms (such as Parliamentary and Presidential systems). The situation with regard the role of Prime Ministers in a number of developed countries (Canada and the United Kingdom) as well as developing countries (India, Lesotho and Namibia) will also be discussed in some detail.

2. Terminology

The political context within which a Prime Minister functions is highly relevant as this will provide a basis for the understanding the role and duties of the Prime Minister. Factors such as the system of government are highly important for the determining the functions of the Prime Minister and how he is elected.

Systems of Government

In politics, two main types of government exist: the presidential system of government and the parliamentary system of government.

A presidential system (or congressional system) is a system of government "where an executive branch exists and presides separately from the legislature, to which it is not accountable and which cannot in normal circumstances dismiss it.n2 The defining feature of a presidential system is the way in which the executive is elected (this will be discussed below), however, generally the salient features of a presidential system are:

· That the president is both the head of the state and head of government.

· The president does not possess the ability to legislate as he is not a voting member. Moreover, he does not possess the ability to introduce bills. However, the president in his capacity may veto certain acts of the legislature, who in turn may, through a supermajority, overturn his veto.

· The president has a fixed term of office separate of that of the legislature.

· The executive branch of a presidential government is separate from that of the legislature and is appointed by the president and must carry out the objectives of both the president and the legislature. When the president appoints the cabinet, he requires the approval by the legislature.

As has already been mentioned, the most important characteristic of a presidential system is the way in which the president is elected. The president is elected via a separate vote as to that for the legislature. Essentially, the president is voted for directly by the people via a popular vote. Supporters of the presidential system of government argue that a popularly elected president is more democratic than a leadership elected by a legislative body.

Parliamentary systems of government are highlighted by the fact that the executive branch of government is directly or indirectly dependant on the support of the legislature, which is expressed through a vote of confidence. The salient feature of a parliamentary system of government is that it is directly responsive to the needs of the people, where the legislature is responsible for the appointment of the president and his cabinet. Moreover, where there exists political party plurality, a system of proportional representation exists as an electoral system.

An advantage of a parliamentary system of government is that it is the most suitable system of government in countries that are ethnically, racially or ideologically divided.

Head of State vs Head of Government

To understand the role of a Prime Minister, it is also important to distinguish between the Head of State and the Head of Government.

A Head of Government refers to the "chief officer of the executive branch of a government, often presiding over a cabinet..4 In jurisdictions that employ the parliamentary system of government, this person is referred to as the Prime Minister. However, in presidential systems, this person is often referred to as the President or the Monarch. In situations where there is a mixed system, the Head of Government is accountable to both the Head of State and the Legislative Authority. An example of this would be a situation where the President of the Republic appoints a Prime Minister to take control of government business. The Prime Minister in this instance needs to enjoy the support of the National Assembly or Legislative Authority. This is particularly difficult in situations where the opposition has control of the Legislative Authority. In such situations, the Prime Minister controls internal state policy, whilst the President controls foreign relations and policy. In the political context, the Head of State refers to the President, whilst the Head of Government refers to the Prime Minister.

The Head of State refers to the individual who serves as the chief public representative who represents the continuity and legitimacy of the government. The Head of State represents the personification of the state. In monarchies, the Head of State is represented by the sovereign, or King or Queen. Essentially, the Head of State is responsible for the diplomatic affairs of the state i.e. accrediting the Ambassadors and High Commissioners. However, the Head of State is also responsible for the appointment of key government officials, including members of the cabinet, the prime minister, members of the judiciary and all other office holders. In parliamentary systems, these persons are chosen with the consent of the legislature. In presidential systems, appointments are made with the Presidents sole discretion, whilst the nomination is made with the parliamentary confirmation. In essence, the President chooses from the lists approved by legislative authority. The same can be said for the removal of public office holders.

With regard to the armed forces of the state, the Head of State represents the Head of the Armed Forces as well. In most jurisdictions, the Head of State often has the right to dissolve the legislative authority with the advice of the Head of Government or the cabinet.

3. Prime Minister

In the political context, the Prime Minister is the most senior member of the Cabinet within a parliamentary system and is recruited from the ranks of politicians. The Prime Minister is usually responsible for the allocation of posts and dismissal of members of the cabinet and other members within the government. In presidential systems of government, the Prime Minister carries out the orders and instructions of the President.

The Role of a Prime Minister

In the Parliamentary system of government, the Prime Minister is the presiding or actual head of government and the executive branch. As such, the Prime Minister is often a Member of Parliament and has to ensure that bills are passed through the legislature.

The post of Prime Minister is found in both Constitutional monarchies as well as republics. The system in Presidential systems is different where the President is both the Head of State and the Head of Government. However, this does not mean that a Prime Minister cannot exist in a Presidential system. In Presidential systems, the President usually appoints the Prime Minister with the approval of the Legislature. Here, the Prime Minister is responsible for carrying out the directives of the President and for managing the civil service.

Appointment of a Prime Minister

In Parliamentary systems of government there are various means that a Prime Minister can be appointed.

· By appointment by the Head of State (President) without the influence of Parliament: this method usually occurs in states that employ the Westminster (or Parliamentary) system of government.

· By appointment by the Head of State after the candidate is nominated by Parliament: as is the case in the Republic of Ireland.

· By appointment where the Head of State nominates the candidate and is approved by Parliament and then is appointed by the Head of State: this system is employed in Spain and Germany.

· By appointment where the Head of State nominates a candidate, and then sets a time-frame in which he/she must receive a vote of confidence from Parliament: e.g. Italy and Romania.

· By appointment through a direct election by Parliament: this system is employed in Japan.

· Appointment through a direct election by the public: this system is used in Israel.

· Appointment by a state official, other than the Head of State: e.g. Sweden.

Whilst there exists various rules and methods of appointing a Prime Minister, many of these methods do not enjoy constitutional protection. Moreover, few constitutions make mention of a Prime Minister. This is the case in most developed nations such as Australia, Canada, Germany, The Republic of Ireland and the United Kingdom.

Resignation of a Prime Minister

Prime Ministers are not appointed for a fixed or specified term. Rather, they remain in power through a series of elections and parliaments. In parliamentary systems of government, Prime Ministers usually enjoy the support of the Lower House of Parliament. However, should Prime Ministers lose this support, or a motion of no confidence is passed against them, Prime Ministers are usually required to tender a letter of resignation or dissolve the lower house. The latter is not always a requirement. Instead, it only requires that the Prime Minister dissolve his Cabinet.

4. Prime Ministers in Developed Countries

United Kingdom

Political System

Politics in the United Kingdom exists within a framework of a constitutional monarchy where the monarch is the Head of State and the Prime Minister is the Head of Government. As such, the executive power is exercised by the Prime Minister and his Cabinet. The constitution of the United Kingdom is largely uncodified and is contained within an elaborate legal framework of common law and statutes. The United Kingdom political framework is better known as the Westminster system of government and has been adopted by many countries that fall within the Commonwealth of Nations.

The monarch represents the theoretical source of executive, legislative and judicial power in the United Kingdom. However, since the adoption of the Bill of Rights in 1689, the system of Parliamentary Sovereignty was established reducing the powers of the monarch to mere hypothetical powers. The monarch appoints the Prime Minister and retains the right to dissolve the Parliament. However, the latter is unlikely as this might lead to a constitutional crisis.

Presently, the monarch's role is largely ceremonial. He or she does however retain the right to be consulted, the right to advise and the right to warn. These rights allow for weekly briefing meetings between the Prime Minister and the Queen.

The Prime Minister of the United Kingdom

The Prime Minister of the United Kingdom is the political leader of the United Kingdom and acts under the command or instruction of the monarch. The Prime Minister exercises his executive power on behalf of the sovereign.

The position of Prime Minister is not defined by a specific statute as opposed to the other members of his or her Cabinet. To maintain his position, the Prime Minister also holds the position of First Lord of the Treasury. And since 1960, he or she also holds the position of Minister for the Civil Service.

The monarch appoints an individual most likely to maintain the support of the House of Commons, which is usually the leader of that house.

Canada

Political System

The Dominion of Canada (as is its official name which is rarely used) functions within a framework of a constitutional monarchy with a federal system of parliamentary government. The Head of State is the Queen Elizabeth II of England, but is referred to as the Queen of Canada. The Governor General of Canada advises the Head of State on issues relating to the country. The Head of Government is the Prime Minister.

The Cabinet consists out of around 30 Ministers who are appointed by the Governor General, are chosen by the Prime Minister. A practice within Canada is that most Ministers represent leaders of opposition parties, however this is not always the case.

The Prime Minister of Canada

The Prime Minister of Canada is the Head of Government of Canada and is usually the leader of the majority party in the House of Commons. Whilst the role and functions of a Prime Minister is not defined by a specific legislative framework, he represents the most powerful person in Canadian politics.

He or she is the head of the executive and provides leadership and direction to the government, with the support of his/her cabinet and the non-partisan public service. The Prime Ministers cabinet represents a significant decision making force within Canadian politics and as has already been stated, is chosen by the Prime Minister having due regard for ethnic, gender and linguistic representation, which are contentious issues in Canada.

The Prime Minister, including his or her cabinet, holds seats in the Parliament and directly influences its activities and legislative agenda. In this regard, the Prime Minister should at all times maintain the support of the majority of the House of Commons. In instances where this is not possible, the Prime Minister must resign and seek a dissolution of Parliament. Because of the extensive role of the Prime Minister, he or she only participates in very important debates in the House of Commons, such issues relating to contentious legislation.

5. Prime Ministers in Developing Countries

India

Political System

In India, the political framework exists within a system of a federal parliamentary pluriform multi-party representative democracy that is modelled according to the British Westminster system. There exists both the Head of State (which is the President) and the Head of Government (which is the Prime Minister). To strike a balance between the two roles, the President maintains a substantial amount of reserve powers (just like the British Monarch) whilst the Prime Minister control the government. India is a federal state and as such, each individual state retains an amount of power. However, the central government maintains the larger degree of power, in relation to the individual states.

Indian States are allowed to elect their own governments with their own legislatures that are often bicameral. Moreover, each state also has its own Chief Minister who acts in a similar capacity as that of the Prime Minister.

The Prime Minister of India

Whilst the President represents the highest political figure in India, the Prime Minister in India represents the most power political figure. The Presidents role remains largely ceremonial whilst the Prime Minister takes responsibility for exercising executive power.

The Prime Minister of India is generally the leader of the majority party in the Lower House of the Indian Parliament, known as the Lok Sabha. However, the Prime Minister need not be a member of one of the Houses of Parliament. Instead, the Prime Minister can be elected from other political ranks, as long as if it is within 6 months of both Houses of Parliament be appointed.

The Prime Minister is appointed by the President of India. It is generally expected that the President appoint as Prime Minister, the leader of the majority party in the Lok Sabha. Where there is no clear majority, the President has some discretion to choose from the leaders of the group of parties who form the majority in the legislature. Moreover, the President may simply choose the leader of the largest party in the Legislature.

The Prime Minister chooses the members of the executive, who are then appointed by the President. The Prime Minister allocates the various portfolios to those members and decides on government policy by being the automatic Chairperson of the Planning Commission.

On other issues, like the appointment of Judges of the High and Supreme Courts, Chief Electoral Commissioner, Comptroller and Auditor General, the Prime Minister acts in a purely advisory role to the President.

6. Prime Ministers in African Countries

Lesotho

Political System

The political system in Lesotho exists within a framework of a representative democratic constitutional monarchy where the Prime Minister of Lesotho is the head of government and where executive power is exercised by that government.

The government of Lesotho is modified form of a constitutional monarchy in that the Prime Minister is both the Head of government and has executive authority. The monarch in Lesotho is mostly a ceremonial figure and possesses no real power. Rather, the monarch represents a living symbol of national unity with no legislative or executive powers.

The Prime Minister of Lesotho

According to the constitution of Lesotho, the leader of the majority party in the national assembly automatically becomes the Prime Minister. Essentially, the Prime Minister represents both the Head of State and Head of Government.

Namibia

Political System

The political framework of Namibia is one of a presidential representative democratic republic,

whereby the President of the Republic of Namibia represents both the Head of State and Head of Government within a multi-party system. This system has been established by constitution of Namibia which was established by the Constituent Assembly of Namibia. Since then, the Constituent Assembly has reorganised itself into a National Assembly, re-electing all its members.

The Prime Minister of Namibia

In Namibia, the Head of State is the State President. The government in turn is headed by the Prime Minister. This should not be confused with the Head of Government. Instead, the Prime Minister acts as a Chief Whip of the Cabinet. The Prime Minister, as well as the Cabinet (of which he is in charge) are both elected and appointed by the President. The Prime Minister remains a member of the National Assembly and represents the executive in the legislature.

The main role of the Prime Minister can be described as maintaining good governance and accountability. Activities for which he or she is responsible includes:

· The co-ordination and supervising the work of Government offices, Ministries and agencies;

· Leading Government business in Parliament and co-ordinating work of Cabinet;

· Advising and assisting the President in the execution of government functions;

· Managing and overseeing public services in the country; and

· Carrying out special projects assigned to the office.