Forms of goverment Flashcards
What’s the definition of “form of government”?
A form of government is the way power is distributed among constitutional bodies, which are Head of government, Head of State, the Parliament.
It’s the way they interact with each other on the horizontal level.
What are the three dispositional properties that Elgie uses to classify forms of government?
- if the Head of State and Head of government are both present, coincide in one person or are separated bodies.
- wether the two figures are elected by the population or are appointed by another body.
- wether the two fugures serve for a fixed term or not.
What is a parliamentary executive? Where can it be found?
In a parliamentary executive, the Head of State has an informal power in appointing the Head of government, the latter having the support of the majority of the Parliament, which generally is elected. The government must have the confidence of the Parliament; the power of dissolution formally belongs to the Head of State but, in practice, it’s a joint act. Finally, powers are counterbalanced between differerend bodies.
UK, Italy and Germany are some examples.
What are the characteristics
of Italy parliamentary executive, on the role of Head of State?
The Head of State has broad powers, a role of constitutional guardian in particular during periods of political uncertainty. Its general role can be expanded or compressed depending on interpretation, which changes the power balance between and has formal powers like Presidential Acts but also substantially complex acts where decisions are taken together with the Parliament (like proclamation of election day).
Also, the principle of irresponsibility of the President is guaranteed by the ministerial countersignature, a formal act which transfers responsibility upon the government.
How did the parliamentary executive originate in England?
It originated from political and constitutional experience, out of practice, no law determines the confidence requirment. Parliamentary executive was born in England since the country never experience absolutism like other European countries did.
What are the two cases of criminal offence which determine the impeachment of the President in a parliamentary executive form of government?
High treason and attempt the overthrow the constitution can open an investigation for impeachmemt, made by the Senate maybe leading to constitutional trial.
What are the five forms of goverment which can be identified on the basis of the three dispositional properties?
Parliamentary executive Presidential executive Semi-presidential executive Directorial executive Neo-parliamentary executive
How does the constructive act of no confidence work in Germany? What’s its objective?
The constructive act of no confidence is between the elected house (Bunderstag) and the Federal Chancellor: the latter must elect a successor before voting for no confidence. This procedure avoids a blind crisis since it requires an alternative majority before the crisis is opened. It increases stability and avoids misuse of the power of dissolution.
What does Article 68 (Germany) say about the power of dissolution?
Article 68: the power of dissolution formally belongs to the Federal Presidence, but in substance it belongs to the elected Bunderstag. The Federal Chansellor may want to regroup the majority and ask for the confidence (motion of confidence, passed or not); if the motion doesn’t pass, the Chansellor asks the President to dissolve the chamber, however 48 hours must pass during which a new Federal Chansellor must be found.
