scholarly journals System rządów premierowskich jako nowy typ systemu rządów: casus Wielkiej Brytanii

2018 ◽  
pp. 65-78
Author(s):  
Jarosław SZYMANEK

The paper attempts to address the question of whether the prime ministerial system has already emerged as a separate system of governance that differs from classical systems, and whether it can no longer be treated as a certain sub-class in an extensive range of parliamentary systems, but rather as a new type of system in its own right. The principal issue appears to be whether the inherent properties of the prime ministerial variety of governance are sufficiently distinct, significant and different from the parliamentary system, however broadly understood, to give the former a status of a separate governance system from the methodological point of view. It should be observed that the contemporary British system, which serves as a foundation for our deliberations on the prime ministerial form of governance, has deviated from the classical or typical parliamentary system far enough to actually take the direction of a separate system of governance, namely prime ministerial governance. Firstly, this is evidenced by the removal of the monarch from the political system and establishing executive power as a virtually one-element entity concentrated in the Cabinet, and embodied by its leader. Secondly, the figure of Prime Minister is highly emphasized as he is elected ‘under the guise of common elections’ and he successfully monopolizes the work of his entire Cabinet, becoming a certain ‘trademark’ of this Cabinet, which is well supported by the principle of joint accountability of all Cabinet members, a principle that is exceptionally strictly and consistently implemented in the British system. The ongoing politological processes that tend to presidentialize and personalize politics are only accelerating these changes and making them even more apparent. The consequence in Britain is that it is the Prime Minister who accrues the power to govern and he by no means falls under the principle of classical parliamentary systems, where the government leader is only “the first among equals”. Thirdly, the House of Commons has practically lost its controlling power over the Cabinet, as primarily evidenced in the absence of a vote of no confidence, which would serve as a tool of political accountability of executive power before the legislative, the essence of any form of parliamentary governance. Fourthly, in a highly specific, deeply endemic party system which entails that various links between government and parliament typical of the parliamentary style of democracy are de facto transferred onto the internal party stage, this to an extent also explains the relevance of the division between government and opposition, a division which is neither as clear, nor as far-reaching as in the case of other parliamentary systems. All this allows us to conclude that the British system is sufficiently different to be deemed new in comparison to a typical or classical parliamentary system. The transformations that have taken place there have gone far beyond the proper, or classical, model of parliamentary governance thus forming not only a sub-class, but a separate type (or model) of governance.

2018 ◽  
pp. 79-94
Author(s):  
Andrzej ANTSZEWSKI

Among the numerous functions of political parties, the role of creating the governance system is highly significant. It manifests itself in the ability of political parties to establish permanent relations with the other parties and in this way provides the essence of a party system. The purpose of the present paper is to demonstrate the role the Law and Justice party (PiS) plays in the creation of the governance system. Since 2005, PiS has been one of the two dominant political parties struggling to win the parliamentary and presidential elections. In order to determine the scope of this party’s influence on the shape of the party system, their achievements in elections, parliament and Cabinet activity need to be analyzed. Such a quantitative analysis allows us to grasp PiS’s development trends in political competition. The paper discusses the reasons for their electoral success in 2005 as well as their defeat in 2007 and the aftermath of both these elections for the party’s competition to the government. The achievements of PiS confirm that this party has won the status of a party that structures the political competition, a status that has not been lost irrespective of the five elections at different levels that the party has lost. PiS has successfully adopted the postulates of the Left in terms of the economy and social issues, whereas it has maintained the image of a right-wing party in terms of the shape of the state and its moral foundations. PiS has managed to form an electorate that differs from other parties’ electorates in terms of its social and demographic properties as well as its political attitudes, which reinforces the position of PiS in the electoral struggle. Yet PiS has failed to establish a permanent coalition government. The elimination of Self-Defence (Samoobrona) and the League of Polish Families (LPR) from the Sejm has practically deprived PiS of any coalition potential, or has at least significantly reduced this potential. This, coupled with a continuously growing negative electorate, may turn out to constitute the main obstacle to PiS regaining power.


2019 ◽  
Vol 23 ◽  
Author(s):  
Hoolo 'Nyane

ABSTRACT Lesotho has a bicameral parliamentary system based on the British model. While the National Assembly is clearly a representative House elected by the citizenry, the purpose, structure and legislative powers of the Senate as the Second Chamber have been a matter of considerable controversy throughout the history of parliamentary democracy in the country. The National Assembly generally has the upper hand not only in the legislative process but also in the broader parliamentary system - it chooses the Prime Minister, it places its confidence in the government and it can withdraw such confidence. The fact that the model generally gives the National Assembly the upper hand is a matter of common cause. What is in question, though, is the nature and extent of the limitation of the powers of the Senate in terms of the Constitution. This article investigates this question and contends that the composition of, and restrictions on, the Senate need to be reviewed in order to enable the Chamber to play a meaningful role in Lesotho's parliamentary democracy . Key words: Constitution of Lesotho, Bicameralism, Senate, National Assembly, Powers of the Second Chamber


Rechtsidee ◽  
2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Barameeboon Sangchan

Following the referendum on the draft Constitution of the Kingdom of Thailand B.E. which was held on 7 August 2016, it revealed that most voters approved this draft constitution. Nevertheless, in this study of Samsen Community’s people who voted, they have their opinions about the political structure which are; Thailand is ready for the 2-party system, the qualification of the candidate should be graduated with a bachelor’s degree, and the head of the government should come from the party with a majority vote. Additionally, they disagree about the prime minister who comes from the senator’s nomination, and the senator should not have the authority of controlling the independent entity.


2018 ◽  
Vol 28 (6) ◽  
pp. 1779-1785
Author(s):  
Dejan Vitanski ◽  
Dijana Kirova

The executive power is a gravitational center of political power, that is the basic lever of the mechanism of power and at the same time, one of the key elements for determining the character of the political system. In order to prevent or disable the concentration of power in the hands of the executive power, political and legal thought have repeatedly sought for effective mechanisms for restricting that power and keeping it under control. The executive power in order not to turn it into its negation, must be as fully and accurately dimensioned and limited as possible. The nicules of the idea of political control emerged with the division of power and the need for mutual control and limitation of the various branches of government. In order to mitigate and neutralize the possibility of abuse, one of the mechanisms is to organize the government in a way that one authority oversees the other authority. In that sense, in the relations between the legislature and the executive, it is necessary for the legislation to have no legal means to stop the decisions of the executive power, but with the possibility and authority to control it. Conversely, the executive has the right to veto the legal acts, but can not participate in their voting. Political control is one of the essential and standardly established functions of parliaments in all countries with a parliamentary or mixed system of government organization. It is a process in which parliament continuously and systematically monitors, analyzes, checks and evaluates the work of the government. In addition, the controlling parliamentary prism observes the overall work of the government as a collegial body of the executive power and the work of ministers as its members in terms of whether they achieve the goals and policies of parliament expressed in the constitution and laws, and whether the manner of who act, the means and the methods they use are purposeful. Subtlety in the use of instruments of political control is necessary in order not to jeopardize the fundamentals of the independence of the executive, that is, not to undermine the necessary independence of the ministers in undertaking measures within the scope of their portfolio, as well as on the activities for consistent implementation of government policy in general. However, political control, on the other hand, has been established, first of all, to prevent the independence of the holders of the executive power from reaching beyond the limits of the normatively projected trajectory of movement and action, not to turn into arbitrariness and voluntarism, not to manifest ignorant attitude towards the policies and attitudes of the parliament expressed in the laws, and thus indirectly in accordance with the will of the citizens represented in the parliament. In labor, through a wide-angle view will be analyzed and processed the institutes of political control and political responsibility of the government in certain systems of state power, with particular emphasis on the parliamentary system. In the focus of the scientific-research interest will be the deep and extensive study and awareness of the immanent features of the forms through which the parliamentary control of the administration is effectuated and animated. Also, in this context, the author's intention is to capture the effectiveness of individual control mechanisms.


Author(s):  
Gene Park

In April 1998, the Bank of Japan (BOJ) gained legal independence. While the primary theoretical justification was to enhance the central bank’s inflation-fighting credibility, the newly independent BOJ immediately confronted a different and unexpected problem: a long and persistent deflation. As the government battled economic stagnation, debates over the extent to which the BOJ should prioritize overcoming deflation and the policies that should be employed to this end led to a profound politicization of monetary policy. This culminated in the Prime Minister Abe’s landslide electoral victory at the end of 2012 in which he campaigned on overcoming deflation, and then, once in power, effectively took over control of a previously intransigent BOJ Policy Board to reflate the economy. The democratic electoral process paved the way for a reassertion of control over the still legally independent central bank. From a wider perspective, these developments reflect broader changes in Japanese democracy: the greater influence of electoral incentives on policy and the centralization of executive power.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the self-perpetuation of the executive branch. Since constitutions usually concentrate on the position and powers of the chief executive, they feed the mistaken impression that the executive branch is synonymous with the will of a single president or prime minister. In reality, executive power in a modern regulatory state is not a one-man show. The chapter provides an overview of where the executive branch comes from before discussing the origins and scope of presidential power. It then considers the role of cabinets, councils, and prime ministers in parliamentary systems, along with the confidence mechanism that serves as the lifeline between the legislature and the executive (cabinet). It also explores the responsibility and accountability of the executive branch, and considers measures aimed at limiting the powers of the executive within the constitutional framework.


1969 ◽  
pp. 540
Author(s):  
Norman Lewis

Professor Lewis argues that Britain's lack of a constitutionally entrenched bill of rights, combined with the failure of the English courts to sufficiently protect individual rights and interests, has served to create a void of adequate protections for those freedoms which seen as being fundamental to a parliamentary democracy. Furthermore, the author argues that the parliamentary system of government in Britain has devolved from a forum of rational discourse, into a party system, and more recently into a quasi-presidential system where ultimate power lies with the Prime Minister. The devolution of the parliamentary system, when combined with the lack of adequate protections of civil liberties, is seen as creating a system of "undemocratic centralism", examples of which are These factors, Professor Lewis argues, are indicative of Britain's need of a more adequate system of checks and balances, and a Charter of Rights similar to Canada's, each of which can be achieved by a new Constitutional "settlement''.


Significance The government is headed by Prime Minister Natalia Gavrilita, a leading PAS figure and former finance minister. This completes the creation of a strong functioning governance system under President Maia Sandu and her PAS allies. Impacts The budget deficit will encourage the government to accept conditions set by the IMF and EU. Unprecedented political synergies should foster swift, more cohesive reforms. A comprehensive campaign against corruption will be disruptive for the public sector. Finding competent, uncorrupt people to take senior positions and staff institutions will be a challenge.


Author(s):  
Aybala TAALAYBEK KIZI

Özet: Hükümet sistemlerinin sınıflandırılmasında kullanılan başlıca ölçüt, yasama ve yürütmenin birbirleri ile olan ilişkisidir. Gayet bu kuvvetler katı bir biçimde birbirlerinden ayrılıyorlarsa başkanlık sisteminden, yumuşak biçimde ayrılıyorlarsa parlamenter sistemden söz edilir. Fransa bir Yarı-Başkanlık Hükümet sistemin örneğidir. Hükümet parlamentodan doğmaz ama parlamento hükümeti görevden alabilir. Bazı yazarlar Fransız politik sistemini “süper başkanlık sistemi” olarak tanımlar. Cumhurbaşkanı, başkanlık sistemindeki başbakandan daha çok yetkiye sahiptir. Halk tarafından seçilen ve önemli yetkileri haiz bir başkan ile parlamentoya bağımlı bir başbakandan oluşan ve genellikle "yan-başkanlık" (semi-presidential) ya da son dönemde ortaya atılan yeni bir formülasyonla "başbakanlı-başkanlık" denilir. Anahtar kelimeler: Hükümet sistem, Fransa, Yarı-Başkanlık, Cumhurbaşkan, Anayasa, Yürütme, Yasama, Parlamento, Senato, Başkanlık. Abstract: The main criterion used in the classification of government systems is the relationship between legislative and executive. It is quite possible to talk about the presidential system if these forces are strictly separated, and It is the parliamentary system if they are separated softly between each other. France is an example of a Semi- Presidential Government system. The government is not powered by parliament, but parliament can dismiss the government in the same time. Some authors define the French political system as a "super presidential system." The president has more powers than the prime minister in the presidential system. A "semi-presidential" government system usually composed of a chairman elected by the people and having a significant mandate and a prime minister dependent on parliament. Key words: Government , France, Semi-Presidency, President, Constitution, Executive, Legislative, Parliament, Senate, Presidency. Аннотация: Мамлекеттик системасынын жашыруун үчүн пайдаланылуучу негизги критерийи мыйзам чыгаруу жана аткаруу бутактарынын ортосундагы байланыш болуп саналат. Эгерде укуктары так бөлүнгөн болсо президенттик башкаруу системасы, ал эми бул ыйгарым укуктарына жумшак бөлүү таандык болгон учурда президенттик башкаруу системасын тууралуу сөз кылуу мүмкүн эмес. Франция бир аралаш башкаруу системасынын бир мисалы болуп саналат. Өкмөт ыйгарым укуктарын парламент тарабынан албайт, бирок парламент өкмөттү таркатууга укугу бар болот. Айрым изилдөөчүүлөрдүн ою бойунча Француз башкаруу системасында өкмөт башчысы президенттик башкаруу системасында премьер-министрдин укутарына карагандан көп ыйгарым укуктарга ээ болот, Түйүндүү сөздөр: Мамлекеттик Башкаруу Системасы, Франция, Аралаш Башкаруу Система, Президент, Конституция, Аткаруу бийлиги, Мыйзам чыгаруу Билиги, Парламент, Сенат, Президенттик республика.


2019 ◽  
Vol 31 (2) ◽  
pp. 237
Author(s):  
Ryan Muthiara Wastia

In the development of the government sistem, there are semi-presidential systems which are different from presidential and parliamentary systems. The difference is in the case of the presence of the President and Prime Minister as a parliamentary sistem but the mechanism for dismissing the President resembles the impeachment in the presidential systems. This research was conducted to see how the impeachment mechanism compares in countries with presidential sistems, especially Indonesia and in countries with a semi-presidential sistem, namely South Korea. The author finds that there are differences between the impeachment mechanisms in Indonesia and South Korea in the process and reasons for the termination of the President. This can be an input for the mechanism in Indonesia to focus more on legal mechanisms without a political mechanism in the MPR. 


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