Comparison between 1960 and presidential constitution

comparison between 1960 and presidential constitution

Comparison Between the 1960 and Presidential Constitutions

Answer:

1. Structure of Government

  • 1960 Constitution:

    • Based on a parliamentary system.
    • The Prime Minister was the head of government, while the ceremonial head of state was the President.
  • Presidential Constitution:

    • Emphasizes a presidential system.
    • The President is both the head of state and head of government, consolidating power in one individual.

2. Legislative Authority

  • 1960 Constitution:

    • The Parliament was bicameral, with a House of Representatives and a Senate.
    • The government could be dissolved if it lost confidence from the majority.
  • Presidential Constitution:

    • Also features a bicameral legislature, typically with stronger checks and balances intended between the executive and legislative branches.

3. Executive Powers

  • 1960 Constitution:

    • Executive powers were mainly in the hands of the Prime Minister, who was appointed by the Parliament.
    • The President’s role was more symbolic.
  • Presidential Constitution:

    • The President holds significant executive power, directly elected by the citizens.
    • The President can appoint cabinet members and has control over executive decisions.

4. Judicial Independence

  • 1960 Constitution:

    • Aimed to maintain the independence of the judiciary, but was less detailed about specific mechanisms for judicial review.
  • Presidential Constitution:

    • Often includes explicit provisions to ensure an independent judiciary with clear separation from the executive and legislative branches.

5. Federalism and States’ Rights

  • 1960 Constitution:

    • It focused on maintaining regional autonomy, with powers divided between the central and regional governments.
  • Presidential Constitution:

    • Typically strengthens central authority, but with provisions to protect regional and state rights.

6. Human Rights Provisions

  • 1960 Constitution:

    • Included basic rights, though often less comprehensive due to historical context.
  • Presidential Constitution:

    • Usually contains a detailed bill of rights, emphasizing individual freedoms and protections.

7. Amendments and Flexibility

  • 1960 Constitution:

    • Amendments required broad support, typically needing parliamentary consent.
  • Presidential Constitution:

    • May have stringent processes for amendments, often involving both legislative and public approval.

Summary: The 1960 constitution was parliamentary, focusing on regional autonomy and a ceremonial head of state. The presidential constitution establishes a strong central leadership with the President holding executive power, detailed human rights protections, and a clear separation of powers to ensure checks and balances.

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