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建立人际资源圈Which_Is_More_Powerful,_the_Us_Congress_or_the_French_Legislature_
2013-11-13 来源: 类别: 更多范文
Which is more powerful, the US Congress of the French Legislature'
A Comparison between France and America There are few countries in the world that share as similar governmental structures as the United States and France. It would be expected, however, that France and America would share such similarities in government based upon the fact that the original French Constitution was inspired by the U.S. constitution. Like America, France has an Executive, Legislative, and Judicial branch. However, the processes by which tasks are carried out by each of these branches are all slightly different from that of the United States. It is for this reason that the comparison of these two countries is so interesting; broadly speaking, both governments appear very similar, however, when looked at more closely there are smaller distinctions that keep them separate and unique. The Executive branch is the decision making part have the government and the legislature’s are the law-making branch of the government. The legislative is mainly responsible for discussing and passing legislation and keeping an eye on the executive.
“Technically, a legislature is any law making body, however constituted, but in a democracy the legislature gets its legitimacy from the fact that it is directly and popularly elected by citizens”. (Newton, Van Deth 2010)
There can be two types of legislatures formed by one house, which is referred to as a unicameral house or by two houses called a bicameral house. Looking at both the US congress and the French Legislature we see that both countries Legislative branches are both bicameral legislatures. But the question which is more powerful in its own right. The US Congress or the French Legislature. The Us congress is made up of two houses and the Senate and the House Of Representatives and the French Legislature is made up of the National Assembly and the Senate. In this essay I will look at both Legislative branches individually for both countries and see who and what has power and which in the end would be more powerful.
The French Legislature is organized in such a way that finally, as the French maintain themselves in the 5th Republic, it has proven effective and is respected across France. The French Legislature has duties and responsibilities that it must uphold in order for it to be analyzed in terms of the qualifications, limitations, and characteristics of a democracy. The French Legislature is run as best possible to meet the needs of the President, the Prime Minister, and the people. The Prime Minister resides over the legislature, so they are the only ones with the power to remove him/her from office. They are chosen by universal suffrage, all candidates run with a substitute. The Legislature has two meeting sessions per year. However, The French Legislature only meets six months out of every year, which means that the president rules by decree for the other six months. The President does not actually have to abide by legislation decision; he can hold a national election and get the public to ratify the legislative decision. The French Legislature, organized as it is, meets all requirements of a Liberal Democracy, although some contradictions are present. The presence of contradictions seems to be a characteristic in most Liberal Democracies, however. The legislature’s organization, powers, duties, and responsibilities all serve roles of the highest importance for France, who has had trouble maintaining a proper, long lasting government. Legislation for government bills is presented in different ways. The ministry presents government bills. The Ministry has the power to force a passage of one of these bills. For private bills, the Parliament presents it to legislature. Organic laws define something in the constitution, so the Constitutional Council presents them. The social and economic checks, as well as political checks and balances, are always involved in the legislatives role.
The French Legislative and its bicameral branches the national assembly consists of five hundred and seventy seven members directly elected for a five-year term. And the Senate consists of three hundred and forty six senators which took affect in 2010, this was a law reform which was passed in July 2003 that will now see the senators elected for a six year term, with one half of the senator’s elected every three years.
“In principle, the National Assembly and the Senate share equal legislative power. In practice, however, legislative authority is tilted to the National Assembly, since the Senate may delay, but in principle, the National Assembly and the Senate share equal legislative power. In practice, however, legislative authority is tilted to the National Assembly, since the Senate may delay, but not prevent, the passage of legislation. If the two chambers disagree on a bill, final decision rests with the National Assembly, which may either accept the Senate’s version or, after a specified period, readopt its own.”(Voyagephotosmanu)
“The President does not have veto power over legislation, but can ask Parliament to reconsider a bill.”(Constitutional topic: Separation of Powers)
Meanwhile the US congress shares many same attributes, as it’s French counterpart. As a bicameral state it consists of two houses the Senate been referred to as the upper house each senator a six year staggered term has a and each state would have two senators the president of the Senate is the acting vice president he can only vote to break a tie. Then there is what is referred to as the lower house been the House Of Representatives this house has four hundred and thirty five seats each house member is re elected every two years.
“To ensure that all citizens had equal voice, each Senator and house member would have one vote of equal value. In theory. However, when practice evolves into custom and then becomes tradition, it can be many times more immovable than law, and such is the case with the congressional seniority system.”( Tobin 1986)
Hopefully with most states been provided with a voice of their opions, cultures and racial independence been accounted for with in congress either in the senate of the house of representatives.
All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the “United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be reposed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.”(United States Constitution Article 1 Section 7)
This article show’s how powerful the actual Senate and House of Representatives actually are.
I feel from my study of both these legislative branches are that they both show many of the same qualities and powers. Both have two houses one been far more powerful then the other or lower houses. The president or in France case the prime minister and president cant veto a law. They can ask for it to be amended and send it back to either the French Senate of the House of Representatives for a vote on the amendment it will have to receive a majority to be amended. The president can appeal the decision. But I feel political terms if this was to happen it would show that the president obviously doesn’t have the backing of his party. The conclusion to which I have come to be that both legislative branches the US Congress and the French legislature both share the same power and nether one is more powerful as the US constitution was taken from the French beliefs.
Bibliography.
http://www.voyagesphotosmanu.com/legislative_power_france.html
United States Constitution Article 1 Section 7 http://topics.law.cornell.edu/constitution/articlei
Constitutional topic: Separation of Powers
http://www.usconstitution.net/consttop_sepp.html#france
Newton,K and Van Deth,J,W (2010) Foundations of Comparative Politics. Cambridge: Cambridge University Press.
Tobin , M (1986) Hidden Power. United States: Library of Congress Cataloging-in-Publication Data.

