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:

B. Brazil: The Presidential Executive

Brazil follows the Presidential Model (similar to the USA). It has a single executive:

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

Brazil: National Congress

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