Classification of political Regimes based on the principle of separation of powers. Constitutional law2 question, university of Douala.

La separation des pouvoirs suffit-il  de classer les regimes politiques?
ou
la separation des pouvoirs et la classification des regimes politiques.

This  is a "sujet" question and it's required to be answered in the legal dissertion format.  Credit goes to Club Juris Academise by Mr Reagan.

GENERAL INTRODUCTION

The theory of separation of power is an important theory of constitutional law which can be traced to the works of john Locke(Essay on civil government, 1960) and Montesquiue (les spirit des loi, 1748). this theory has influenced the classification of some modern political regimes.
the separation of powers is based on the ideas that the political powers of the state must be divided and confined in the hands of distinct organs of the state. thus, we shall have the  legislative, the executive, and judicial powers.
By political regime we mean the totality of legal and factual factors which give account of the mode of organisation and functioning of political power in a given state at a given moment. e.g. the the presidential regime(USA), the parliamentary(Great Britain), semi parliamentary(France) and the presidentialist(Cameroon).
Our main preoccupation is to know if the classification of political regime is exclusive to the criterion of the principle of separation of powers. in other words, are there other criteria for the classification of political regimes besides the separation of powers?
The interest of the current topic is expressed by the multiplicity of political regimes in the world. therefore, it will help the student to know if the separation of powers still have a place in the classification of political regimes or this theory is outdated.
The theory of separation of powers constitute the base of the classification of political regimes(I).  however, it does not provide a  satisfactory base as far as certain political regimes are concerned (II).

I- The separation of power: An important criterion for the classification of political regimes.

Based on this criterion, the doctrine has classified political regimes based on strict separation of power(A) and flexible separation of power(B)
  

 A- POLITICAL REGIMES BASED ON STRICT SEPARATION OF POWER:
THE PRESIDENTIAL REGIME
This is a regime in which the president is independent of the parliament and he is not politically responsible before the parliament and cannot dissolve the parliament. this type of regime is practiced in the USA. it calls for a  regid separation of power in which the powers are separated(1) and there is a clear independence of the powers of the state(2).

    

1- The clear distinction of power
under the presidential regime, there is a triple distinction of power; that is' the executive, legislative, and the judicial powers.
the executive power is headed by the president  and he has the executive competence to execute laws.
the legislative is headed by the parliament(the congress and house of representatives in USA) and its votes laws.
the judiciary is in charge of the settlement of disputes and it is headed by the federal supreme court.
          2-  The independence of the powers.
here, for example, the president is politically not responsible to the parliament and the parliament
cannot be dissolved by the president.

   

B- POLITICAL REGIMES BASED ON FLEXIBLE SEPARATION OF POWER: THE PARLIAMENTARY REGIME

It is a regime which calls for a minimum collaboration between the powers(1) and this has resulted to the interdependency of the powers(2)
        1) The collaboration of powers
although a triple distinction of powers can be made, there is however, an authorised collaboration between the powers. this explains why in great britain, the members of  the executives and parliament can initiate bills and also vote laws. likewise, before 2009( creation of the Supreme Court), the house of lords was the highest court of appeal in u.k.
           2) The interdependent nature of the powers

Unlike the presidential regime, the parliamentary regime is characterised by the existence of collaboration mechanisms like the political responsibility the government and the right of dissolution.

    

  The doctrine of separation of powers has been considered to be insufficient to classify politicalregimes. this has let to the introduction of new criteria.

II) THE INSUFFICIENCY OF THE SEPARATION OF POWER IN THE CLASSIFICATION OF POLITICAL REGIMES: THE EXISTENCE OF OTHER CRITERIA.

political regimes can also be classified by other criteria like the party system(A) the participation of the citizens in the management of public affairs(B) and the confusion of powers(C).

A) CLASSIFICATION OF POLITICAL REGIMES BY VIRTUE OF THE PARTY SYSTEM.

1) THE ONE PARTY SYSTEM

this is a political regime in which there is only one political party in the entire country. therefore, the powers of the state are exercise by the the unique political party and under the direction of the president who is also the national chairman of the party. this was the situation of cameroon before the early 19s.

2) THE TWO PARTY SYSTEM OR BI-PARTISM.

it is a political regime or system which the political arena is dominated by two political forces or parties. this is the cape of Great Britain Which Is Dominatedby the conservative and labour parties. monthes example is USA which is dominated by the republican and the democrats.
3) THE MULTI- PARTY SYSTEM.

here, there are several political parties competing in the different political ports or powers of the state.e.g. cameroon

B) POLITICAL REGIMES BASED ON THE PARTICIPATION OF THE CITIZENS IN THE MANAGEMENT OF PUBLIC AFFAIRS.

1) Direct Government

it is a government in which the citizens participate in the management of public affairs. here, the citizens do not passed through any intermidiary or representative. this government is characterised by referendum and popular vote.

2) Representative Government.
       here, the participation of the people is food by an elected intermidiary which in most cases, is the parliament or the president.

3) The Semi- Direct Or Semi- Representative Government.
in this government, there is a serpentatite organ(the parliament the the president of the republic)and the mechanisms of direct government. an example isCameroon under the constitution of 18 january 1996. 
C) Political Regimes Based On The Confusion Of Power.

These Are Political Regimes In Which One Of The Powers Dominates The Others. It Can Be The President Of The Republic(1), The Parliament(2), Or The Judiciary(3).

1) The Presidentialist Political Regime

It Is A Political Regime In Which The Most Powerful Personality Is The P.R. He Is The Alpha An The Omega Since He Intervenes In The Domains Of The Other Powers. In Other Words, He Exercise Not Only The Executive Functions But Also Legislative And The Judicial Functions As Well. E.g. Cameroon

2) The Regime Of Assembly
It Is A Political RegimeDominated By The Parliament Or Legislative Power Which Can Appoint And Dismiss The PR At Will . E.g The Swiss Political Regime.

3 ) The Government Of Judges.
It Is A Political Regime Dominated By The Judiciary. Some Authors Have Classified The USA As An Example Of This Type Of Regime.