comparison between 1960 and presidential constitution
Comparison Between the 1960 and Presidential Constitutions
Answer:
1. Structure of Government
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1960 Constitution:
- Based on a parliamentary system.
- The Prime Minister was the head of government, while the ceremonial head of state was the President.
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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
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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.
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Presidential Constitution:
- Also features a bicameral legislature, typically with stronger checks and balances intended between the executive and legislative branches.
3. Executive Powers
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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.
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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
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1960 Constitution:
- Aimed to maintain the independence of the judiciary, but was less detailed about specific mechanisms for judicial review.
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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
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1960 Constitution:
- It focused on maintaining regional autonomy, with powers divided between the central and regional governments.
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Presidential Constitution:
- Typically strengthens central authority, but with provisions to protect regional and state rights.
6. Human Rights Provisions
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1960 Constitution:
- Included basic rights, though often less comprehensive due to historical context.
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Presidential Constitution:
- Usually contains a detailed bill of rights, emphasizing individual freedoms and protections.
7. Amendments and Flexibility
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1960 Constitution:
- Amendments required broad support, typically needing parliamentary consent.
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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.