Semi-Presidential Reform and Referendums in France and Romania

2020 ◽  
Vol 7 (4) ◽  
pp. 384-407
Author(s):  
Anthony Murphy
Keyword(s):  
Direct Democracy ◽  
Political System ◽  
Turn Of The Century ◽  
Constitutional Reform ◽  
The Political ◽  
Fifth Republic ◽  
Head Of State ◽  
Partial Success ◽  
De Gaulle

Abstract This paper seeks to examine how direct democracy was used as a means to achieve or to strengthen semi-presidentialism in France and Romania. Whereas the Fifth Republic is widely seen as the archetypal semi-presidential regime, Romania relied heavily on this particular model for its post-communist constitution but opted to drastically reduce the powers of an otherwise directly-elected head of state. Nevertheless, the Gaullist reforms of postwar France echoed through the turn of the century. Traian Băsescu used referendums in an uncanny resemblance to Charles de Gaulle’s own pursuit of constitutional reform. Both aimed to increase the president’s role and decrease parliamentary involvement in the dual executive. However, only de Gaulle achieved partial success in shaping the political system.

scholarly journals Przesłanki rozwiązania parlamentu w praktyce ustrojowej V Republiki Francuskiej

2018 ◽  
pp. 57-70 ◽  
Author(s):  
Łukasz Jakubiak
Keyword(s):  
Political System ◽  
Executive Power ◽  
The Political ◽  
Political Practice ◽  
Fifth Republic ◽  
National Assembly ◽  
Head Of State ◽  
Lower Chamber ◽  
Long Time ◽  
Political Configuration

The paper discusses the grounds required for the dissolution of the parliament in the political practice of the French Fifth Republic. The Constitution of October 4, 1958 adopted a model of strengthened political power of the head of state, granting them instruments of executive influence on the functioning of other state organs. Paragraph 12 of the Constitution gives the President practically unlimited power to dissolve the National Assembly – the lower chamber of French parliament. The conditions for applying this paragraph are not stipulated in the legal regulations. It is not necessary for the President to respond to a motion of another body, or even to obtain a countersignature. These constitutional factors have led to various political practices. The author of the paper puts forward the thesis that giving freedom to the head of state as regards the application of paragraph 12 on the one hand provides the necessary foundations to exercise a power model with a considerable degree of decisiveness, but on the other may lead to a situation where the dissolution of the National Assembly no longer has a power function in its conventional sense, but serves the purpose of providing the head of state with an instrument for considerably strengthening his own political position. Since the present Constitution of the Fifth Republic has been in force, the National Assembly has been dissolved five times. The author identifies three basic grounds for applying paragraph 12: to defuse a political or social conflict (1962 and 1968), to restore a politically homogenous executive power (1981 and 1988), and to maintain a given political configuration (1997). Since the 1980s the dissolution of parliament has become a tool for the president to avoid cohabitation and, by this token, to provide a political system where the role of the leader of the executive is in the hands of the head of state. On account of the defeat of the formation supporting the president in 1997 this strategy failed to produce the expected outcome. The dissolution of the National Assembly has not taken place since. In 2000, the length of the mandate of the head of state was shortened to five years, which makes it more likely for parliamentary elections to occur directly after presidential elections. This may for a long time to come eliminate the main grounds for the dissolution of the lower chamber, which in the 1980s and 1990s stemmed from the desire to ensure a political system favorable for the head of state. This reason alone may mean that the significance of paragraph 12 in the political practice of the Fifth Republic will continue to be limited.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

scholarly journals The Scottish independence referendum and the participatory turn in UK constitution-making: The move towards a constitutional convention

2017 ◽  
Vol 6 (2) ◽  
pp. 184-217 ◽  
Author(s):  
SILVIA SUTEU
Keyword(s):  
Direct Democracy ◽  
Political Community ◽  
Constitutional Reform ◽  
The Political ◽  
Constitutional Convention ◽  
Popular Participation ◽  
Set Up ◽  
Scottish Independence ◽  
The Uk ◽  
Constitution Making

Abstract:This article looks at the continued calls for popular participation in UK constitution-making following the 2014 Scottish independence and 2016 Brexit referendums. In particular, it discusses the prospect of a UK constitutional convention being set up to deliberate upon and make recommendations concerning constitutional reform. The article proceeds by first mapping the arguments in favour of setting up such a body in a country with little but growing experience with direct democracy. It then analyses three difficulties surrounding a UK constitutional convention: deciding on a manageable mandate, identifying the political community or communities it is to represent and the method for selecting its membership, and defining the place of such a convention within the UK’s broader constitution-making mechanisms. The article highlights fundamental unknowns in need of clarification before such an instrument could be used while at the same time admitting the limitations of a constitutional convention as a panacea for all of the UK’s constitutional woes. In exploring these questions, the article shows how constitutional reform debates in the UK are no less complex than were those surrounding Scottish independence and have been further compounded by Brexit.

scholarly journals Efektywna demokracja parlamentarna Michela Debré

2017 ◽  
Vol 38 (4) ◽  
pp. 135-140
Author(s):  
Kazimierz M. Ujazdowski
Keyword(s):  
Critical Thinking ◽  
Political System ◽  
Third Republic ◽  
European Countries ◽  
The Political ◽  
Parliamentary Democracy ◽  
Fifth Republic ◽  
French Model

EFFECTIVE PARLIAMENTARY DEMOCRACY BY MICHEL DEBRÉIn the 1930s, France epitomized a weakness of parliamentary democracy. Third Republic, that was recognized by many European countries as a model political system, was actually hit by a grave crisis combined with an increase of popularity of authoritarian trends. Undoubtedly, ineffectiveness of the French model of parliamentary democracy contributed to the fall of republican France in 1940. An in-depth and interesting analysis, which may also be recognized as an attempt made to overcome the weaknesses of parliamentary democracy, was put forward by Michel Debré in his writings published in the WWII years. One of the reasons why his draft of a rationalized parlia­mentary system deserves special attention is that this document inspired establishment of the Fifth Republic. Debré offered an exceptional lesson of critical thinking about the political system. This outstanding lawyer was able to correctly identify and effectively eliminate the vices of parliament­ary governments.

scholarly journals Impediments to public consultations in the Polish local self-government

2019 ◽  
Vol 3 (1) ◽  
pp. 70-80
Author(s):  
Marcin Pomaranski
Keyword(s):  
Public Administration ◽  
Direct Democracy ◽  
Political System ◽  
Public Consultation ◽  
The Political ◽  
System Transformation ◽  
Practical Application ◽  
Practical Advice ◽  
The Public ◽  
Public Consultations

The aim of this paper is a comparative analysis of legislative solutions and practical application of the public consultations in the Polish local government after 1989. The legal changes that occurred during this period have guaranteed Polish citizens the tool to direct exercising the political power. Unfortunately, the lack of legislative precision in the use of mechanisms of civic participation in Poland is characteristic of public consultation. Despite the fact that this solution has been used by public administration since the political-system transformation and the passing of the Act on Gmina Self-Government of 1990, and that in 1997 the consultations as a form of the exercise of power by the citizens were also established in the Constitution, for the first two decades there was a fairly great freedom of interpretation in holding them, which the local self-government authorities widely used. Positive changes in the practice of using the mechanisms of public consultation in Poland, including the formulation of the widely accepted set of guidelines and practical advice concerning the manner of implementing these mechanisms, began to take place only in the last four to five years. Main thesis of the paper is the opinion that public consultations in the example of the Polish self-government despite nearly three decades of legislative and political experiences are still not an effective tool of direct democracy, but only a bureaucratic facade.

scholarly journals Federal System and Direct Democracy in Switzerland

2021 ◽  
Vol 1 (3) ◽  
pp. 91-101
Author(s):  
Miroslaw Matyja
Keyword(s):  
Direct Democracy ◽  
Political System ◽  
The Political ◽  
Federal System ◽  
Federal Constitution ◽  
Unique System ◽  
The World ◽  
The Way

The main aim of this work is to present and analyze the structure and the way of operating of the Swiss instruments of direct democracy, as well as its significance for the country’s development. The Swiss example is the best case of functioning democracy in the world. Throughout the centuries, the Swiss political system has evolved into a mature and efficient democracy. The process of its improvement is still going on. Today, the political system of Switzerland can be described as parliamentary-cantonal. In 1848, the country adopted the Federal Constitution and a system based on referenda, while local issues, such as taxes, judiciary, schooling, police, and welfare were left to the cantons. In 1874, the document was amended and the optional referendum was introduced. In 1891, another amendment cemented the unique system by rooting in strongly in direct democracy. The current constitution of Switzerland was adopted by the majority of voter through a referendum that took place in 1999.

Françoise Dupuy et Jean-Claude Thœnig, Sociologie de l’administration française

1984 ◽  
Vol 6 (1) ◽  
pp. 233-239
Author(s):  
William R. Schonfeld
Keyword(s):  
Political System ◽  
Fifth Republic ◽  
Charles De Gaulle ◽  
Administrative Systems ◽  
The Republic ◽  
The Stability ◽  
De Gaulle

Long-established traditions are difficult to change. This almost tautological adage seems particularly applicable to France, and the scholarly images of her political and administrative systems. In spite of the durability of the Fifth Republic, observers continue to wonder. whether the constitutional structure created in 1958 can survive with a parliamentary majority holding views which oppose those of the President of the Republic. That this issue remains salient after the 1981 elections which brought into power « resolute enemies » of the institutions established by Charles de Gaulle, provides eloquent testimony to the stability of the image of an unstable French political system.

A New Constitution

2021 ◽  
pp. 243-254
Author(s):  
Michael Llewellyn-Smith
Keyword(s):  
Land Reform ◽  
Political System ◽  
Social Systems ◽  
Political Process ◽  
Constitutional Reform ◽  
The Political ◽  
Good Basis ◽  
Primary Level ◽  
Public Benefit ◽  
System P

Constitutional reform was the first task required, in order to relaunch the political process stymied by Goudi. Venizelos with his experience of Cretan constitution making was well equipped to guide the debates, 42 in all, which formulated a new charter. This was grist to his mill. He set out, preserving the fundamental balance between the institutions (Crown and parliament) established in the 1864 constitution, to modernize the political and social systems, enhance justice, fairness and freedoms, and provide more of a role for the state in the economy. The chapter considers in detail the question of land reform, in particular what to do about the large latifundia in Thessaly worked by sharecroppers. Here the solution reached was to provide for expropriation for reasons of public benefit rather than only public necessity, thus opening the way to later land reform. The constitution provided for compulsory free education at the primary level. In sum the new constitution provided a good basis for a renewed political process through a fairer and more modern political system.

Democracy in Ireland

2021 ◽  
pp. 88-104
Author(s):  
Peter Stone
Keyword(s):  
Political Institutions ◽  
Direct Democracy ◽  
Political System ◽  
Popular Sovereignty ◽  
The Political ◽  
Democratic Ideal ◽  
Individual Level ◽  
Electoral Democracy ◽  
The Republic

How democratic is the political system of the Republic of Ireland? Answering this question requires recognizing that the term ‘democracy’ denotes both a normative ideal and a set of political practices aimed at advancing that ideal. In this chapter, I argue that the democratic ideal has both an individual and a collective component. At an individual level, a democracy must embody a conception of democratic equality. At a collective level, a democracy must embody popular sovereignty. I then relate this two-part ideal to Ireland’s political institutions. This task, I will argue, is complicated by the fact that Ireland, like most real-world democracies, employs several different democratic decision-making methods—what I will call direct democracy, electoral democracy, and aleatory democracy. It is difficult, I conclude, to specify how all three methods can be reconciled within a single story about the democratic ideal.

scholarly journals Swiss Direct Democracy and Regulation of Banking Sector

2020 ◽  
Vol 3 (1) ◽  
pp. 1-10
Author(s):  
Miroslaw Matyja
Keyword(s):  
Direct Democracy ◽  
Political System ◽  
Banking Sector ◽  
Financial Sector ◽  
Regulatory Process ◽  
The Political ◽  
Direct Influence ◽  
Bank Regulations ◽  
Decisive Influence ◽  
Popular Initiative

The aim of this article is to analyze the influence of the Swiss political system on the country’s banking sector. Is the Swiss direct democracy, which has no counterpart in any other country, an advantageous factor for the development and functioning of the banking sector? In order to fully answer this question, the author has analyzed the results of direct voting on the Swiss bank regulations. He has concluded that there is an important and direct influence of the political system on the functioning of the financial sector. The analysis of the results of various federal referenda confirms the thesis that the Swiss direct democracy (with its instruments of popular initiative and referendum) has a decisive influence on the regulatory process in the country’s banking sector.

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