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.

scholarly journals Prezydenckie orędzia do izb parlamentu w rozwiązaniach konstytucyjnych i praktyce politycznej Francji

2020 ◽  
Vol 6(161) ◽  
pp. 69-98
Author(s):  
Łukasz Jakubiak
Keyword(s):  
Political System ◽  
Third Republic ◽  
Institutional Context ◽  
Fifth Republic ◽  
National Assembly ◽  
The Third ◽  
Head Of State ◽  
Similarities And Differences ◽  
The Impact ◽  
Constitutional Changes

The article is devoted to the presidential messages addressed to the chambers of parliament within the French political system. On the threshold of the Third Republic, the then regulations banned the President from speaking in parliament and this was also maintained under the constitutions of the Fourth and Fifth Republics. As a consequence, the presidential messages had to be read by the Presidents of the National Assembly and of the Senate. The constitutional changes introduced in 2008 created the opportunity to appear in person before the chambers of parliament assembled as Congress. This amendment has affected the practice of applying Article 18 of the 1958 Constitution, which currently regulates both forms of presidential messages. The aim of the article is to assess the impact of the 2008 amendment on the French presidency, as well as to analyze the practice of formulating messages by successive presidents of the Fifth Republic, in order to identify the basic similarities and differences between them. The wider institutional context is no less important in this respect. One of its components is the significantly strengthened position of the French head of state, compared to the Third and Fourth Republics. The latter feature of the existing system of government seems to considerably affect the presidential messages formulated from the beginning of Charles de Gaulle’s presidency until now

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.

Challenges of the parliamentary system in Iraq after 2003

2019 ◽  
Vol 3 (10) ◽  
pp. 101
Author(s):  
Emad Wakaa Ajil
Keyword(s):  
Political System ◽  
Separation Of Powers ◽  
Political Process ◽  
The United States ◽  
Arab Countries ◽  
The Political ◽  
Parliamentary System ◽  
Political Transformations ◽  
The Us ◽  
Long Time

Iraq is one of the most Arab countries where the system of government has undergone major political transformations and violent events since the emergence of the modern Iraqi state in 1921 and up to the present. It began with the monarchy and the transformation of the regime into the republican system in 1958. In the republican system, Continued until 2003, and after the US occupation of Iraq in 2003, the regime changed from presidential to parliamentary system, and the parliamentary experience is a modern experience for Iraq, as he lived for a long time without parliamentary experience, what existed before 2003, can not be a parliamentary experience , The experience righteousness The study of the parliamentary system in particular and the political process in general has not been easy, because it is a complex and complex process that concerns the political system and its internal and external environment, both of which are influential in the political system and thus on the political process as a whole, After the US occupation of Iraq, the United States intervened to establish a permanent constitution for the country. Despite all the circumstances accompanying the drafting of the constitution, it is the first constitution to be drafted by an elected Constituent Assembly. The Iraqi Constitution adopted the parliamentary system of government and approved the principle of flexible separation of powers in order to achieve cooperation and balance between the authorities.

Back to the Westminster model? The Brexit process and the UK political system

2021 ◽  
pp. 019251212096737
Author(s):  
Gianfranco Baldini ◽  
Edoardo Bressanelli ◽  
Emanuele Massetti
Keyword(s):  
Political System ◽  
Party System ◽  
Political Process ◽  
Three Dimensions ◽  
Executive Power ◽  
The Political ◽  
Westminster Model ◽  
The Uk ◽  
Quantitative Indicators ◽  
The Impact

This article investigates the impact of Brexit on the British political system. By critically engaging with the conceptualisation of the Westminster model proposed by Arend Lijphart, it analyses the strains of Brexit on three dimensions developed from from Lijphart’s framework: elections and the party system, executive– legislative dynamics and the relationship between central and devolved administrations. Supplementing quantitative indicators with an in-depth qualitative analysis, the article shows that the process of Brexit has ultimately reaffirmed, with some important caveats, key features of the Westminster model: the resilience of the two-party system, executive dominance over Parliament and the unitary character of the political system. Inheriting a context marked by the progressive weakening of key majoritarian features of the political system, the Brexit process has brought back some of the traditional executive power-hoarding dynamics. Yet, this prevailing trend has created strains and resistances that keep the political process open to different developments.

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.

The Role of the M.P. in Tanzania

1970 ◽  
Vol 64 (3) ◽  
pp. 754-771 ◽  
Author(s):  
Raymond F. Hopkins
Keyword(s):  
Political System ◽  
The Political ◽  
National Assembly ◽  
Political Processes ◽  
Authority Relationships ◽  
New States ◽  
And Shifts ◽  
The Military ◽  
National Legislatures

The study of politics in “developing” countries has tended to focus on the less formal organs of government, such as political parties, the military, the bureaucracy, and even the educational system. National legislatures have often been ignored or rated of little significance in the political processes of these states. This practice contrasts markedly with the attention paid to legislatures in Western states. The most obvious explanation for it is that legislatures in new states tend to have little influence. Important decisions and shifts in power are usually made or recorded elsewhere in the political system.The Bunge, or National Assembly, of Tanzania is no exception to this general phenomenon. Nevertheless, an examination of the role of M.P.'s in Tanzania can be illuminating. The Bunge contains most of the major political leaders and has, at least constitutionally, broad authority. As a consequence, if the Assembly is to be only a weak political body, then informal norms limiting the powers of the M.P.'s role must exist. Moreover, these norms should prescribe authority relationships between the legislature and other policy shaping bodies in the political system, particularly the Party. Thus, an analysis of the roles of these men can provide important insights not only into the functions of the Bunge, but also into the elite political culture of Tanzania and the pattern of politics which this culture supports.

scholarly journals Leadership in Higher Military Educational Institutions: Models and Training Programmes

2019 ◽  
pp. 93-103
Author(s):  
Oleksandr Zaruba
Keyword(s):  
Political System ◽  
Educational Institutions ◽  
Executive Power ◽  
The Political ◽  
Critical Approach ◽  
Security Sector ◽  
Institu Tions ◽  
Training Programmes ◽  
Theoretical Foundations ◽  
And Training

The article deals with the theoretical foundations of leadership, Ukrainian historical traditions and contemporary state of practical use and teaching of leadership in military educational institu-tions with the aim to form pro-active officer cadre, with further employment in bodies of executive power and participation in the political system of the state. Key words: top military brass, high brass, transaction leadership, transforma-tional leadership, critical approach, reforms in the defense and security sector.

scholarly journals Ustav, populizam i kraj liberalne demokracije - "referendumanija" ugrožava temelje ustavnog poretka

2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel
Keyword(s):  
Political System ◽  
The Political ◽  
Constitutional Democracy ◽  
Political Struggle ◽  
Checks And Balances ◽  
The People ◽  
Long Time ◽  
The Republic ◽  
Parliamentary Supremacy ◽  
Political Groups

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.

scholarly journals First minister (prime minister) of the Fifth French Republic: Between the significant constitutional position and the prevailing practice in the shadow of the head of state

2021 ◽  
Vol 55 (1) ◽  
pp. 223-252
Author(s):  
Milan Rapajić
Keyword(s):  
Prime Minister ◽  
Executive Branch ◽  
Political Life ◽  
The Political ◽  
Political Responsibility ◽  
Political Practice ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
The Right

One of the characteristics of the system of government in the Fifth French Republic is the strengthened position of the head of state, but also the existence of the first minister as a constitutional category with a significant role. The constitution provides the political responsibility of the government with the Prime Minister and ministers before parliament. Certain French writers have opinion that the Prime Minister appears as the central figure of the constitutional structure. The Prime Minister shall direct the actions of the Government. This is 21 of Constitution. Also, there are specific powers that put the Prime Minister in the position of its real head of government. Among the prime minister's most important powers is his right to elect members of the government. It is the right to propose to the President of the Republic the appointment but also the dismissal of members of the government. The Prime Minister is authorized to re-sign certain acts of the President of the Republic. In case of temporary impediment of the head of state, the Prime Minister chairs the councils and committees for national defense, as well as the Council of Ministers. The paper analyzes the constitutional provisions that lead to the conclusion that the position of the Prime Minister is institutionally constructed as strong. Political practice, with the exception of periods of cohabitation, has indicated that most prime ministers have been overshadowed by mostly powerful heads of state. For that reason, it is necessary to analyze the political practice of all eight presidential governments. A review of the already long political life that has lasted since 1958. points to the conclusion that in its longest period, presidents of the Republic dominated the public political scene. The Prime Minister has a more pronounced role in the executive branch during cohabitation periods. However, nine years in three cohabitations cannot change the central conclusion of this paper that the dominant political practice of the Fifth Republic has led to the Prime Minister being essentially in the shadow of the head of state.

scholarly journals Defining Judicial Independence and Accountability Post Political Transition

2019 ◽  
Vol 5 (2) ◽  
pp. 294
Author(s):  
Ibnu Sina Chandranegara
Keyword(s):  
Supreme Court ◽  
Political System ◽  
Judicial Independence ◽  
Political Transition ◽  
The Political ◽  
New Order ◽  
Constitutional Court ◽  
Judicial Corruption ◽  
The Supreme Court ◽  
Political Configuration

Indonesian constitutional reform after the fall of Soeharto’s New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, has closed dark memories in the past. This article decides that the Judiciary is held by the Supreme Court and the judicial bodies below and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of the independent and autonomous judiciary. But in reality, even though in a democratic political system and constitutional arrangement affirms the guarantee of independence, but it doesn’t represent the actual situation. There are some problems that remain, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court, and the Judicial Commission, and (ii) still many efforts to weaken judiciary through different ways such criminalization of judge. Referring to the problem above, then there are gaps between what "is" and what "ought", among others. First, by changing political configuration that tends to be more democratic, the judiciary should be more autonomous. In this context, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalize judges over their decisions, and (iii) judicial corruption. Second, by the constitutional guarantee of the independence of the judiciary, there will be no legislation that that may reduce constitutional guarantee. However, there are many legislation or regulations that still not in line with a constitutional guarantee concerning judicial independence. This paper reviews and describes in-depth about how to implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthen rule of law in Indonesia

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