2002 Draft II: Head of State and the Executive Branch

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Formation Process ◽  
Prime Minister ◽  
Executive Branch ◽  
Government Formation ◽  
Head Of State ◽  
The Government

This, the second of three central chapters examining the SNP’s 2002 constitutional text, focuses on the roles and powers of the head of state, the government and the executive branch. It discusses the position of the monarchy in an independent Scotland, both in terms of its symbolic-ceremonial function and its constitutional powers, as well as examining the relationships between the prime minister, cabinet, and Parliament, in the proposed constitutional draft. A number of problems are identified, including inconsistencies and ambiguities surrounding the government formation process and reserve powers of the monarch in relation to government formation and the refusal of royal assent.

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 Presidential Partisanship in Government Formation: Do Presidents Favor Their Parties When They Appoint the Prime Minister?

2017 ◽  
Vol 70 (4) ◽  
pp. 803-817 ◽  
Author(s):  
Cristina Bucur ◽  
José Antonio Cheibub
Keyword(s):  
Formation Process ◽  
Prime Minister ◽  
Postwar Period ◽  
Government Formation ◽  
Prime Ministers ◽  
The Government ◽  
To Come ◽  
Main Factor

Although often conceived as nonpartisan actors, presidents wield considerable political and institutional powers in parliamentary and semipresidential democracies. Do they interfere in the government-formation process in such a way as to change the outcome that parliamentary parties would have otherwise reached? We address this issue by examining the conditions under which the parties of presidents and prime ministers are the same in parliamentary and semipresidential democracies. We use data for twenty-one countries over the postwar period and find that when presidents are directly elected and are constitutionally empowered to nominate the prime minister, the two leaders tend to come from the same party. This, however, is only true when the bargaining environment within parliament is complex, that is, when there are multiple viable governing coalitions. In this sense, the distribution of forces within parliament is still the main factor determining the identity of the prime minister, even in the presence of strong presidents.

scholarly journals Instytucja rządu republiki Czarnogóry w systemie organów władzy

2014 ◽  
pp. 47-62
Author(s):  
Jacek Wojnicki
Keyword(s):  
Prime Minister ◽  
Executive Branch ◽  
Constitutional Court ◽  
Parliamentary Election ◽  
Simple Majority ◽  
Prime Ministers ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
Government Authority

The Constitution of Montenegro describes the state as a "civic, democratic, ecological state of social justice, based on the reign of Law." Montenegro is an independent and sovereign republic that proclaimed its new constitution on 22th October 2007. The President of Montenegro (Montenegrin: Predsjednik Crne Gore) is the head of state, elected for a period of five years through direct elections. The President represents the republic abroad, promulgates law by ordinance, calls elections for the Parliament, proposes candidates for Prime Minister, president and justices of the Constitutional Court to the Parliament. The President also proposes the calling of a referendum to Parliament, grants amnesty for criminal offences prescribed by the national law, confers decoration and awards and performs other constitutional duties and is a member of the Supreme Defence Council. The official residence of the President is in Cetinje. The Government of Montenegro (Montenegrin: Vlada Crne Gore) is the executive branch of government authority of Montenegro. The government is headed by the Prime Minister, and consists both of the deputy prime ministers as well as ministers. The Parliament of Montenegro (Montenegrin: Skupština Crne Gore) is a unicameral legislative body. It passes laws, ratifies treaties, appoints the Prime Minister, ministers, and justices of all courts, adopts the budget and performs other duties as established by the Constitution. Parliament can pass a vote of no-confidence on the Government by a simple majority. One representative is elected per 6,000 voters. The present parliament contains 81 seats, with a 47-seat majority currently held by the Coalition for a European Montenegro as a result of the 2009 parliamentary election

Predicting the Outcome of the Government Formation Process: Fuzzy Single-Dimensional Models

2014 ◽  
pp. 51-80
Author(s):  
Peter C. Casey ◽  
Michael B. Gibilisco ◽  
Carly A. Goodman ◽  
Kelly Nelson Pook ◽  
John N. Mordeson ◽  
...  
Keyword(s):  
Formation Process ◽  
Government Formation ◽  
Dimensional Models ◽  
The Government

scholarly journals Issues of the Establishment of the Government of the Russian Federation in View of the Constitutional Amendments

2020 ◽  
Vol 11 ◽  
pp. 38-40
Author(s):  
Ruslan M. Dzidzoev ◽  
Keyword(s):  
Russian Federation ◽  
Prime Minister ◽  
Constitutional Amendments ◽  
Head Of State ◽  
Form Of Government ◽  
The Russian Federation ◽  
The Government ◽  
Practical Recommendations

The article discusses some issues of the formation of the Government of the Russian Federation, appointment of the Prime Minister of the Russian Federation and members of the Government of the Russian Federation, participation in the process of the head of state and Parliament in accordance with constitutional form of government in Russia, there is a relationship between the ways of forming a Government with the constitutional status of this body, its political potential. The article analyzes the latest amendments to the Constitution of Russia regarding the formation of the Government, and formulates relevant scientific and practical recommendations.

scholarly journals INSTITUTE OF PRESIDENCY IN HUNGARY AND UKRAINE: POLITICAL AND LEGAL ASPECT

2020 ◽  
pp. 85-94
Author(s):  
Sergii Tellis ◽  
Keyword(s):  
Comparative Study ◽  
Legal Status ◽  
Legal Aspect ◽  
Executive Branch ◽  
The Political ◽  
Constitutional Court ◽  
Personal Impact ◽  
Positioning Strategy ◽  
Head Of State ◽  
The Government

The article provides a comparative study of the constitutional powers granted to presidents in Ukraine and Hungary in the context of the political and legal aspect, and also an attempt to appraise the role of subjective factors involved in the exercise of state power and transformation of the presidency institute of the aforementioned states. The aim of the article: to comparative study of the constitutional and legal status of Hungarian and Ukrainian presidents in the political and legal context and performing an appraisal of the personal impact exerted by the head of state on the government of the above-said countries. The research methodology: to observation and generalization; ordering of all basic elements; method of scientific generalization, which made it possible to formulate conclusions. As a result, it is established that the institution of the presidency in Ukraine is the core of the executive branch, which dominates the state system. In Hungary, the executive and legislative branches make up a political bloc (alliance) which is counterbalanced in certain relations by the constitutional court and judicial power. The subjective factor, namely personal qualities of presidents – career path, role perception, interpretation of powers – determines the political heft of the head of state. Subject to sufficient individual traits, a constitutionally “weak” president is able to influence the country’s development concept and the positioning strategy on the global scene.

Government formation and policy formulation : Patterns in Belgium and the Netherlands

Res Publica ◽  
1983 ◽  
Vol 25 (1) ◽  
pp. 49-82
Author(s):  
Robert L. Peterson ◽  
Martine De Ridder ◽  
J.D. Hobbs ◽  
E.F. McClellan
Keyword(s):  
Formation Process ◽  
Policy Formulation ◽  
Dutch Government ◽  
Government Formation ◽  
Bargaining Process ◽  
Three Stages ◽  
The Government ◽  
The Relationship ◽  
Selection Of ◽  
Made In

Based on a study of three Belgian and Dutch government formations, this article examines the relationship between the formation of government coalition's and the formulation of public policy. The government formation process is disaggregated into three stages : the selection of participants in the bargaining process, the negotiation of the governmental agreement and the allocation of portfolios. These stages are then discussed in the context of a schema which focusses on the effects of contextual, relational and outcome components. By modifying assumptions made in traditional coalition studies, the government formation process is seen as involving the transferof issues from institutional arenas to a non-institutional arena in which bargaining processes are used to map and develop issue specific areas of consensus.

Predicting the Outcome of the Government Formation Process: A Fuzzy Two-Dimensional Public Choice Model

2014 ◽  
pp. 129-147
Author(s):  
Peter C. Casey ◽  
Michael B. Gibilisco ◽  
Carly A. Goodman ◽  
Kelly Nelson Pook ◽  
John N. Mordeson ◽  
...  
Keyword(s):  
Public Choice ◽  
Formation Process ◽  
Choice Model ◽  
Two Dimensional ◽  
Government Formation ◽  
The Government

Developments in Constitutional Law: Selected Topics

1990 ◽  
Vol 24 (3-4) ◽  
pp. 368-430 ◽  
Author(s):  
Shimon Shetreet
Keyword(s):  
Civil Rights ◽  
Prime Minister ◽  
Executive Branch ◽  
The State ◽  
Constitutional Protection ◽  
The Supreme Court ◽  
The Status ◽  
Relative Status ◽  
The Government ◽  
State Of Israel

The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.

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