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This research paper aims at answering the questions that are posed in regard to the judicial review taking into consideration the differences on how the judicial review takes place in USA vs in France. Again, the research paper will concentrate on the concepts related to the upper chambers of legislative assemblies in USA,UK and France giving their similarities as well as their differences( Vanberg, 2005).. This will be based on their power as well as their constitution. Another thing that the writer will concentrate on in as far as this research paper is concerned is the is the relative powers of heads of government as well as the heads of state in the USA, UK as well as in France. Finally, the research paper will concentrate on the way the election is held in US or rather the system of lection in United States, taking into consideration the advantages as well as the disadvantages of this system. On completion of this research paper, checks and balances in the government as well as the differences between the presidential and parliamentary democracies will have been discussed.
Based on the constitutional principles, the judicial review as a court of authority is meant to analyze as well as invalidate the legislative or the executive in case its action are not in line with the constitution principles. In line with this, the supremacy of the law courts to be in a position of analyzing actions of the legislative as well as that one of the executive, is referred to as the judicial review (Stone, 1992). Being associated with the supreme courts of the United States as well as being an invention of Americans, judicial review is primarily associated with the supreme court of the United States and also being posed by most of the law courts and federal in the united states .
On the other hand, as far as the judicial review in France is concerned, there exists a judicial review which to some extent is limited as compared to that of United States (Vanberg, 2005). The reason behind this is the fact that it is only during the president, prime minister, National Assembly's president, senate's president or 60 senators, that the Conseil Constitutionnel can assess the legislation based on the constitution. It therefore emerges that, a law cannot on it's entirely be challenged based on the constitution once it has been signed by the France's president.
In United States of America, the senate or the small house is usually referred to as upper house. The upper chamber in the United States of America enjoys the exclusive power when it comes to trying articles related to impeachment as well as powers to endorse the governor's appointments. Also, it enjoys powers related to endorsing the treaties as a condition prior to their approval including verification of federal judges, military officers and secretaries to the cabinet appointments (Stone, 1992). The upper house in the united states of America is composed of the United States congress as well as United States House of representative. It is worth mentioning that every US state is usually represented by 2 senators irrespective of the population.
In France, it is important to note that the upper house represents the local government. Most of the members of the upper chamber in France serve as regional presidents, mayors as well as councilors. Again, they are elected for a term which does not exceed six years compared to that of united states which is for six-years terms. Despite being presided over by the president , it has less fame as compared to that of the lower chamber. This is different from that of US which is more powerful than the lower house (Wolfe,1994). Since 2010, the number of senators who make up the senate has increased to 346.This is a reflection of the transformations made as far as the country demographics are concerned. As mentioned earlier regarding the power of the senate, it does have less or rather relatively the same power as that one of the lower house since both the upper and the lower house have to strike a mutual consensus regarding any bill that is tabled in the national assembly. The France senate supervises the actions of the government through publishing of as many reports as possible regarding diverse topics.
In the United Kingdom, the upper chamber which is popularly known as the House of the Lords and is mostly composed of the Lords Spiritual as well as the Lords temporal. The Lords Spiritual are senior bishops and constitute a total of twenty six Lords Spiritual where as the rest of senate is made up of the Lords Temporal (Vanberg, 2005). The House of the Lords has a total of 786 members. As far as power is concerned, the upper chamber which in this case is the House of Lords enjoys less power than that of the lower house (House of Commons).This is because the latter has got advanced legislative powers than the former. The decisions of the lower house do override those of the senate.
There are several ways which exist and by which the incoming president may be selected. For instance, in United Kingdom, the powers of the queen may be handed over to the Counselors of the state incase she is unavailable. In United State the head of the state is the president while in the united kingdom, the head of state is the Queen Elizabeth. It is worth noting that in both United state and France, the president has to be voted in by the public and must belong to a certain political party where as in the United Kingdom whoever succeeds the queen depends on the rules of succession which determines who should become the next queen. It is said that in line with the throne is the Lord of Royals (Stone, 1992). This queen is more like a policy which is determines how the country should be ruled and this depends on the parents of whoever in is the queue.
As far as the power of the president of United state is concerned, he is the head of the state, government, has power regarding foreign affairs as well as enjoying being the commander in chief of the armed forces. He is also autonomous from the parliament. Also, the case is the same in France since the president or rather the executive enjoys the power of making laws. In UK on the other hand, the Queen or the King is the head of the state but the prime mister is the head of the government. It is worth mentioning that the queen or the king is supreme in UK but his or her powers are limited alongside those of Parliament(Bates, 1986). The queen also enjoys endorsing legislations passed by the parliament as well as appointing the Prime minister.
Caucuses as well as the presidential primary elections series can be regarded as part of conducting elections in the United States. Local government as well as the state runs the primary elections. Political parties on the other hand do carry out the Caucuses. A form of indirect election can be looked from the perspective of the primary election held by the state (Vanberg, 2005). This means that the number of delegates to go for every party's convention rather than voter being involved in selecting a candidate to vie as a presidential candidate. The advantage of this is that it is possible to establish the number of delegate to every national convention party that a candidate can get from state.
Other than separating powers, Madison's suggest the use of separation of powers in the departments which are in a state or rather a country. This idea calls for autonomous of each and every department or organ of the government (Bates, 1986). This again enables the organs to have substantial powers such that they can keep others in check. The check and balances should therefore be ensured in judiciary, legislature as well as the executive.
If the congress is divided into two, the power of legislature would be curbed, therefore not being predominant. The executive on the other hand requires to be fortified to eliminate its weaknesses. As far as relation of president and the legislature is concerned, veto power can be used to reinforce the president.
A parliamentary democracy is whereby the executive does not have overall or absolute power over the ruling of the country. This means that, he is dependent on the parliament. It is expresses through what is called vote of no confidence. It therefore has what is referred to as check and balances as compared to that of presidential system which do not have. A state that does exercise parliamentary democracy is the United Kingdom (Bates, 1986). Presidential democracy on the other hand is whereby the executive exercises overall power as a result of being autonomous from the legislature. A good example is the United States of America. The head of state who is the president is voted in by the public. The advantage of parliamentary democracy is the form of check and balances that do exist between the legislature and the executive. In presidential democracy the president has got the power to endorse all the bills passed by parliament as well as controlling the military.