Unit 3: Constitutional Structures
Table of Contents
1. The Executive: Britain vs. Brazil
The executive is the branch of government responsible for implementing laws and running the daily administration of the state. These two systems represent the two major global models of executive power.
A. Britain: The Parliamentary Executive
Britain follows the Westminster Model. It has a dual executive:
- The Nominal Executive: The Monarch (Queen/King) is the Head of State. They reign but do not rule. Their powers are purely ceremonial.
- The Real Executive: The Prime Minister (PM) and the Cabinet. The PM is the Head of Government.
- Collective Responsibility: The Cabinet is collectively responsible to the House of Commons. If the government loses a "Vote of No Confidence," the entire cabinet must resign.
B. Brazil: The Presidential Executive
Brazil follows the Presidential Model (similar to the USA). It has a single executive:
- The President: Is both the Head of State and the Head of Government.
- Separation of Powers: The President is elected independently of the legislature and is not responsible to it for their term.
- Fixed Tenure: The President serves a fixed term (4 years) and cannot be easily removed except through Impeachment for criminal or constitutional violations.
2. The Legislature: Bi-cameralism in Action
Both Britain and Brazil have Bi-cameral legislatures (two houses), but their powers and methods of selection differ significantly.
Britain: The Mother of Parliaments
- House of Commons: The lower house, directly elected by the people. It is the real seat of power.
- House of Lords: The upper house, consisting of hereditary peers, life peers, and bishops. It has limited power—mainly to delay legislation, not block it.
- Sovereignty: In Britain, Parliament is sovereign. No court can strike down an Act of Parliament.
Brazil: National Congress
- Chamber of Deputies: The lower house, representing the people based on population.
- Federal Senate: The upper house, representing the member states of the federation equally (3 senators per state).
- Symmetric Powers: Unlike the UK, the Brazilian Senate has significant powers, including the trial of impeachment cases.
3. The Judiciary: Rule of Law and Judicial Review
The role of the courts is to interpret the law and protect the constitution.
Britain: Rule of Law
Britain does not have a tradition of Judicial Review in the same way as the US or India. Because Parliament is sovereign, the courts cannot declare a law "unconstitutional." Instead, they follow the principle of the Rule of Law (A.V. Dicey), ensuring that the executive acts within the powers given to it by Parliament.
Brazil: Judicial Review
Brazil has a strong system of judicial review. The Supreme Federal Court (STF) acts as the guardian of the 1988 Constitution. It can strike down laws passed by Congress if they are found to be unconstitutional.
4. Comparative Summary Table
| Feature | Britain (UK) | Brazil |
|---|---|---|
| Form of Gov. | Constitutional Monarchy | Federal Republic |
| Executive | Parliamentary (Dual) | Presidential (Single) |
| Legislature | Bi-cameral (Unequal houses) | Bi-cameral (Strong Upper House) |
| Sovereignty | Parliamentary Sovereignty | Constitutional Sovereignty |
| Court Power | Rule of Law (No Judicial Review) | Judicial Review (STF) |
5. Exam Focus: Tips and FAQs
Exam Tips
- Responsibility: In the UK, the executive is responsible to the legislature. In Brazil, they are separate. This is the most important distinction.
- Upper House: Note that the House of Lords is non-elected, while the Brazilian Senate is elected.
- A.V. Dicey: Mention his name when writing about the British Judiciary and the "Rule of Law."
Frequently Asked Questions
Q: What is a "Vote of No Confidence"?
A: It is a parliamentary motion which, if passed, demonstrates that the current government no longer has the support of the majority of the House, forcing its resignation.
Q: Can the Brazilian President dissolve the Congress?
A: No. In a Presidential system, the President cannot dissolve the legislature, nor can the legislature dismiss the President (except through impeachment).
End of Unit 3 Notes | Prepared for DSM 351 | Knowlet