4. Forms of Gov Flashcards
1
Q
Definition form of government
A
- The relationship between constitutional bodies
- Looks at how power is distributed among the constitutional bodies
- Form of gov <=> electoral system <=> political system (closed cycle)
- Concrete functioning of form of gov depends on political and electoral system
2
Q
Elgie’s three dispositional properties
A
- a method of classification of forms of government.
- can be used to classify contemporary gov
- Distinct properties:
- whether there is both a head of state and a head of government; it is possible that head of state and head of gov coincides
- whether or not the incumbents of these institutions are popularly elected (directly or indirectly elected)
- whether the incumbents serve for a fixed term (head of state and gov serve for an amount of years OR may vary on the basis of contingent situations)
3
Q
Parliamentary Executive - a form of gov analysed by Elgie
A
- have both head of gov and head of state - 2 separate bodies (UK, Italy, Germany, Spain)
- head of state either a monarch - in office because of descendence line of succession => neither elected nor appointed OR an elected one (both monarchies and republic - related to selection procedure)
- selection procedure:
- in case of monarchy, law of succession may differ from country to country.
- in parliamentary republic, elections occur; the parliament (the legislative body) elects head of state
- head of gov is appointed by head of state => no elections. However, has to appoint someone who has parliamentary majority => does not have full power
- this is important because relationship between parliament and gov is the most distinctive of this form of gov (parliament provides confidence and gov provides power of dissolution)
- term for incumbents:
- no fixed term for head of gov - as long as the gov has confidence from parliament, they remain in office
- however, if parliament has power to withdraw support/confidence => no corresponding replacement
- survival of gov in office depends on confidence => no fixed term
- however, parliament needs to be replaced every 5 years => new par => new gov
- fixed term for head of state
- can still be reassigned
- but not fixed as the ruler can pass away
- if head of state is monarch, term of office is fixed in the sense that is a life-term office => neither fixed nor unfixed as a monarch can replace another; or step down/resign
- no fixed term for head of gov - as long as the gov has confidence from parliament, they remain in office
4
Q
Parliamentary Executive - relationship of governance
A
- parliament has great power since it can decide to withdraw confidence => gov is forced to resign
- parliament can open a gov crisis by casting a no confidence vote
- confidence = power check
- if parliament withdraws, whether general elections occur or not depends; when gov resigns:
- head of state analyses the situation in order to see whether it’s possible to appoint new head of gov => if yes, no need for elections
- head of state not able to find someone with parliament majority; no possible alternative majority => general election
- to counterbalance the power, gov has power of dissolution => coaltition of government:
- can trigger a general election to dissolute parliament
- no confidence = no power of dissolution and vice versa
- can be controversial as traditionally, power belongs to head of state, however, it’s now being co-joined
- form: head of state
- substance: head of gov
- head of state = placed outside politics, a figurehead; guardian of constitutional power; someone above all the parties => cannot exercise political roles
5
Q
Historical evolution of parliamentary executive
A
- The origins of the parliamentary form of government are to be found in Great Britain although the Office of the Prime Minister and the Cabinet has evolved as a matter of political expediency and constitutional practice rather than by law given that the country does not have a codified Constitution.
- 1782 is considered an important moment in the evolution from a constitutional to parliamentary monarchy - political contingency
- Cons. convention that regulates the British form of gov:
- Magna Cart: King bounded by the parliament, hence no absolute monarchy
- King George - figure of reference which becomes the representation of prime minister - criticiser of power => cannot have the King alone
- Establishment of confidence that marks the distinctive characteristic of parliamentary executive
6
Q
1782 and important events
A
- Up until 1782 the King had the power to appoint and to dismiss the Prime Minister and the rest of the Cabinet.
- Resignation of Lord North marks the first time a Prime Minister resigns following a vote of no confidence. (negative votes of the gov => marks a possibility that a prime minister and head of cabinet needs the support of the government; exercise power)
- King George III realised he had no choice but to appoint a Prime Minister with majority in Parliament…
- …i.e. Charles Watson-Wentworth who was the leader of the largest group in Parliament, the Whigs.
7
Q
1832 and important events
A
- Approval of the Reform Act caused a struggle between Parliament and Monarch came to a head.
- 1834 King William IV decided to dismiss the then Prime Minister Lord Melbourne and replace him by the Tory Robert Peel - not the party leader in Parliament and could not govern
- King was forced to reappoint Lord Melbourne
- Last time a Monarch will dismiss a Prime Minister of his own accord.
(can appoint prime minister not the head of majority party, however, that is no longer the case; PM has to be leader of a party )
8
Q
Fixed-term Parliaments Act 2011
A
- mechanism was produced in order to stablise confidence or power of dissolution (following 1832 events)
- Before the passage of the Act, Parliament could be dissolved by royal proclamation by virtue of the Royal Prerogative. Over time, the monarch increasingly acted only on the advice of the prime minister.
- Introduces fixed-term elections to the Westminster Parliament. Under the provisions of the Act, parliamentary elections must be held every five years (reducing power of dissolution), beginning in 2015.
- There are also two ways in which an election could be triggered before the end of the five-year term (gov dissolved):
- if a motion of no confidence is passed and no alternative government is found within 14 days
- or if a motion for an early general election is agreed either by at least two-thirds of the House (including vacant seats) or without division
9
Q
The Italian Case: the Head of State
A
- Majority electoral system assigns seats to the most voted candidates => ruling party does not need to enter coalition
- Vagueness of the Constitution’s text
- powers of head of state are not clearly expressed, not detailed => position within constitutional architecture and the extent of power has been influenced by personality of president of republic => each president has intepreted the position in his/her own interpretation
- => Requirements to correct ambiguity of Cons text:
- 50 years old
- enjoy full political and civil rights
- have Italian citizenship
10
Q
The Italian Case: the Head of State - election and term of office
A
Election:
- Occurs during parliament joint session (2 houses)
- three delegates for each Region (representative)
- the first three ballots cast, a vote of two-thirds of the electors needs to be reached
- from the forth ballot onwards an absolute majority needs to be reached
Term of office:
- 7 years
- Possible re-election (only once, Napolitano in 2013)
- Constitution does not say anything about re-election => a matter of interpretation
- although, it is usual that impossible to be re-elected due to age (link with requirements - too old)
- interpretation depends on political contingency => contextual
- had one reelection - when Italy was in a political crisis, could not come to compromise and provide a common candidate (Napolitano in 2013)
11
Q
The Italian Case: the Head of State - presidential act
A
- The tripartition of Presidential Acts - power exclusive to the president; power Cons. give to president. 3 main types:
- Formally Presidential Acts which are Substantially Governmental - president provides content
- Substantially Presidential - government establishes the content
- Substantially Complex Acts - a joint act, content is established jointly by head of state and gov; one cannot decide without another:
- party solution: to have power of dissolution exclusively to the state is no longer possible
- appointment of the new government
- defining element is always presidential because they are presidential acts but key substance is gov.
- President has the power to
- appoint the constitutional judge, no possible objection from the gov
- appoint Life senators serve until they die; anyone has distinguished him/herself in any field has access to this appointment. Appoint max 5. since it is substantially presidential
- Power of president to send back legislation to parliament.
- substance determined by the president and not gov
- It is possible that 2 heads fight against each other for power, never argue on the form but the substance - substantially gov or substantially presidential up to Cons in court to solve the problem
- Irresponsibility of the President = a ministerial countersignature can occur where an
effective transfer of responsibilities would ensue. - Presidential Offences - basis of impeachment of state
- special commission within the senate to investigate when suspection arise (3 month to gather witness)
- when concluded, evidence sustainable or not. if yes, go forward and wait for parliament in joint session to formally decide whether to impeach or not
- not to revise election performance functions
12
Q
The Constructive Vote of No Confidence (pt1)
A
Article 67 of German basic law states:
- “The Bundestag (lower house) may express its lack of confidence in the Federal Chancellor only by electing a successor by the vote of a majority of its Members and requesting the Federal President to dismiss the Federal Chancellor. The Federal President must comply with the request and appoint the person elected”.
- Parliament elects the Chancellor, election expresses relationship of confidence
- Head of state (president) then appoints him/her as Chancellor
- Bundestag can only dismiss the current position of Federal Chancellor only if the bundestag can/able to elect a successor; if not able, the chancellor will remain in office
- “Forty-eight hours shall elapse between the motion and the election”.
13
Q
The Constructive Vote of No Confidence (pt2)
A
Article 68 of the German Basic Law:
- “If a motion of the Federal Chancellor for a vote of confidence is not supported by the majority of the Members of the Bundestag, the Federal President, upon the proposal of the Federal Chancellor, may dissolve the Bundestag within twenty-one days. The right of dissolution shall lapse as soon as the Bundestag elects another Federal Chancellor by the vote of a majority of its Members”.
- chancellor goes to house and ask to give him again the confidence
- goes both ways to ensure stability and prevent political instability
- “Forty-eight hours shall elapse between the motion and the vote”.
14
Q
Constructive Vote of No Confidence as an instrument
A
- In Germany it was used only twice.
- Spain too provides for the constructive vote of no confidence (Section 114 Cost.).
- The very limited resort to the constructive vote of no confidence in both Germany and Spain should not lead one to think that it is of limited importance.
- It has worked as a strong deterrent.
- Makes the house more accountable for their actions; prevent abuse of power
15
Q
Presidential Executive - a form of gov analysed by Elgie
A
- head of state is also head of gov - they concide in one position - president
- president is elected directly; derives directly from the will of the people (not a direct election but rather a popular one because of the establishment of the electoral college)
- incumbent serve for fixed term of office
- the length varies between countries and constitutions
- possibility of re-election is also dependent on those factors
- must serve for fixed term due to the lack of relationship of confidence - white house and congress interact but are separate bodies
- both elected by people => difficult for parliament to dismiss the head of state => strong legitimisation
