People pick the legislature and the executive. what type of democracy does this statement describe?

Sharing Power and Checking One Another

The system of separation of powers divides the tasks of the state into three branches: legislative, executive and judicial. These tasks are assigned to different institutions in such a way that each of them can check the others. As a result, no one institution can become so powerful in a democracy as to destroy this system.

The Three Powers: Legislature, Executive, Judiciary

Checks and balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution.

Clear Distinctions

The separation of powers is also reflected in the fact that certain functions must not be exercised by one and the same person. Thus, the Federal President cannot at the same time be a Member of the National Council, or a judge who is appointed Minister or elected to be a Member of the National Council must be temporarily suspended from his/her judicial duties.

The Legislative Power

The first of the three powers has the task of passing laws and supervising their implementation. It is exercised by Parliament – i.e. the National and Federal Councils – and the Provincial Diets.

The implementation of laws is the task of the executive and judicial branches

The Executive Power

The executive branch has the task of implementing laws. It comprises the Federal Government, the Federal President and all federal authorities including the police and the armed forces.

The Judicial Power (Judiciary)

Judges administer justice, viz. they decide disputes independently and impartially. It is their task to ensure that laws are complied with. Judges cannot be deposed and cannot be assigned other positions against their will.

And the Parties?

As in other democratic countries the separation of powers is also in Austria affected by the realities of the Party State. The Members of government are, as a rule, members of those parties which have a majority in Parliament.

New Face of Separation of Powers: The Opposition exercising Control

As a result, one important democratic task is more and more often taken over by the opposition parties: controlling the Government. The classical separation of powers is given a new dimension – the confrontation of the governing majority and the opposition. While this aspect is not enshrined in the written Constitution, it is a fact of political reality.

The Legislature checks the Executive

Parliament exercises control over the executive, it checks the work of the Federal Government and the administrative institutions. The Government has to justify itself to Parliament in respect of everything it does or causes the administration to do.

The Legislature is also Subject to Control

On the other hand, the Executive – in the person of the Federal President acting on a proposal made by the Federal Government – has the right to dissolve the National Council. Laws passed by the National Council can be checked by the Constitutional Court and declared null and void if they are found to be unconstitutional.

The Legislature and the Judiciary

The only influence legislature has on the judiciary is that it passes the laws that the courts have to comply with.

The Executive

The two components of the Executive – the Administration and the Judiciary – are organised upon strictly separate lines, with one exception: the Administration is checked by the courts of public law (the Administrative Court, the Constitutional Court and the Asylum Court).

The Constitution contains strict rules on how tasks are assigned to the Administration or the Judiciary. To give one example: Fines exceeding a certain amount can only be imposed by courts.

journal article

Juan Linz, Presidentialism, and Democracy: A Critical Appraisal

Comparative Politics

Vol. 29, No. 4 (Jul., 1997)

, pp. 449-471 (23 pages)

Published By: Comparative Politics, Ph.D. Programs in Political Science, City University of New York

https://doi.org/10.2307/422014

https://www.jstor.org/stable/422014

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Abstract

The perils of presidential systems are not as great as Juan Linz has argued. Presidentialism is less oriented toward winner-takes-all results than Westminster parliamentary systems. The superior record of parliamentary systems has rested partly on where they have been implemented, and presidentialism has some advantages that partially offset its drawbacks. These advantages can be maximized by paying careful attention to differences among presidential systems. Finally, switching from presidential to parliamentary systems could exacerbate problems of governability in countries with undisciplined parties. Even if parliamentary government is more conducive to stable democracy, much rests on what kind of parliamentary or presidential system is implemented.

Journal Information

Comparative Politics is an international journal that publishes scholarly articles devoted to the comparative analysis of political institutions and behavior. It was founded in 1968 to further the development of comparative political theory and the application of comparative theoretical analysis to the empirical investigation of political issues. Comparative Politics communicates new ideas and research findings to social scientists, scholars, and students. It is indispensable to experts in research organizations, foundations, consulates, and embassies throughout the world. Comparative Politics is sponsored, edited, and published by the Ph.D. Program in Political Science of the City University of New York. Opinions, findings, or conclusions expressed in the journal are those of the authors and do not necessarily reflect the views of the editors or the City University of New York. Comparative Politics is published quarterly in January, April, July, and October.

Publisher Information

The Ph.D. Program in Political Science of the City University of New York, located in the Graduate School and University Center of the City University of New York at 365 Fifth Avenue in New York, consists of a community of scholars dedicated to the tasks of acquiring, expanding, and transmitting reliable knowledge about political phenomena. Its essential function is to educate professional political scientists capable of independent research and qualified for careers in academic institutions, government agencies, nonprofit organizations, and the private sector. Although the Ph.D. Program in Political Science features a diversity of approaches, all students are expected both to specialize and to develop an understanding of the discipline as a whole. Comparative Politics was founded by the Political Science Program of the City University of New York in 1968 to further its scholarly mission by promoting research in the field of comparative politics and is an integral part of its contribution to the discipline of political science.

What is the type of democracy in which the people elect the legislature and the legislature elects the executive?

A parliamentary system or parliamentary democracy is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable.

What are the 3 types of democracy?

Different types of democracies.
Direct democracy..
Representative democracy..
Constitutional democracy..
Monitory democracy..

Who selects the executive branch in a parliamentary democracy?

A new prime minister and cabinet of executive ministers may be selected by newly elected members of the parliament. A few parliamentary democracies function as semi-presidential systems.

What is an example of a parliamentary government?

An example of a parliamentary republic is Germany, which has a president as its head of state. The president is elected every five years by an electoral college composed of members of the national parliament and state legislatures.