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.

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 Development of Powers of the Head of State in the Context of Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
S. V. Gunich ◽  
A. E. Stupnitskiy,
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Political Influence ◽  
Executive Branch ◽  
Gradual Transition ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Head Of State ◽  
The Russian Federation ◽  
The Government

The paper expresses an opinion on the content of certain provisions and on the procedure for adopting amendments to the Constitution of the Russian Federation. Based on the analysis of the claims made against them by some categories of citizens, the directions of their further scientific understanding are determined. Proposals for improving a number of constitutional provisions are formulated. The authors focus on the consideration of the essence of the constitutional reform in terms of the redistribution of the powers of the head of state in the direction of strengthening popular representation in the formation of public authorities and the exercise of their functions. The study examines the formal consolidation and practical implementation of the competence of the President of the Russian Federation in relation to various branches of state power. Within the framework of the legislative function, it is noted that he is strengthening his position by gaining the opportunity to exert political influence on the senators of the Russian Federation, as well as using the institute of preliminary constitutional control. In the field of executive and administrative powers, the updated procedure for appointing members of the Government of the Russian Federation is considered in detail. Using the method of scientific modeling, the analysis of the influence of the houses of parliament on the process of formation of federal executive bodies is carried out. Based on this, it is concluded that the executive branch of state power is invariably dependent on the will of the President and that the constitutional provisions announcing the gradual transition of the Russian state to a parliamentary-presidential form of government are decorative. The authors express dissatisfaction against the denigration of the role of the Constitutional Court of the Russian Federation to protection of the Constitution, rights and freedoms of man and citizen. It is concluded that the powers of the head of state are developing in the direction of strengthening his political influence on the process of implementation by state bodies of their daily activities and their adoption of legal decisions.

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

scholarly journals Constitutional and Legal Regulation of the Powers of the President of the Russian Federation in Formation of the Government of the Russian Federation

2018 ◽  
pp. 41-49
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Executive Branch ◽  
Legal Regulation ◽  
Typical Feature ◽  
Transitional State ◽  
Head Of State ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Government

The article reveals the main features of the constitutional legal status of the President of the Russian Federation in the context of mixed parliamentary and presidential form of government. The researcher explores some directions of the President’s participation in formation of the Government such as the appointment of the Chairman of the Government by the President with the consent of the State Duma; Presidents’s approval of the governmental structure including relevant federal ministries on the proposal of the Chairman of the Government; personal appointment of the Deputy Prime Minister and the Federal Ministers by the President on the proposal of the Chairman of the Government. Special attention is paid to the fact that of legalistic and factual dominance of the President in each of these directions. Also it is proved that certain provisions of the RF Constitution and Federal constitutional law «On the Government of the Russian Federation» do not fully correlate with the norms of presidential decrees in determining the structure and composition of the Government, which increases the degree of the official discretion of the President. The author stresses the role of the President in formation of the Government as one of the conditions for recognizing his technical and actual status as the head of state and the head of the executive branch of the Russian Federation and who has strong powers against other state bodies under a weak party-parliamentary system. This is a typical feature of a transitional state.

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 Pozycja prawna wojewody w procesie przemian II Rzeczypospolitej

2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak
Keyword(s):  
Local Government ◽  
Interwar Period ◽  
Legal Status ◽  
Local Administration ◽  
Head Of State ◽  
Legal Situation ◽  
State And Local Government ◽  
The Republic ◽  
State And Local ◽  
The Government

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.

scholarly journals External functions of the President of Ukraine in the context of ensuring the security of the state

1970 ◽  
pp. 402-405
Author(s):  
Taisiia Barilovska
Keyword(s):  
Foreign Policy ◽  
Legal Status ◽  
Separation Of Powers ◽  
Complex Structure ◽  
The State ◽  
International Level ◽  
Interstate Relations ◽  
Head Of State ◽  
The Government ◽  
The Stability

The purpose of the article is to clarify the external functions of the President of Ukraine in the context of ensuring the security of the state. The mechanism of performing the external functions of Ukraine is characterized by the complex structure of interrelated and interacting relations. Of particular importance in this mechanism is the President of Ukraine, who, in accordance with the powers enshrined in the Constitution of Ukraine and Ukrainian legislation, heads this mechanism and coordinates the operation of its parts. The foreign policy activities of the President of Ukraine are based on the general principles of separation of powers, of the rule of law, of constitutional responsibility, and on the specific principles of the unity and of the support of foreign policy. In order to improve the operation of the mechanism of implementing foreign policy, headed by the President of Ukraine, the measures aimed at intensifying foreign policy activities and enhancing the independence of the Government of Ukraine and developing the scientific component of this mechanism are required. The process of performing external functions of the state implies the existence of an appropriate mechanism. The mechanism of performing Ukraine’s external functions includes elements that are heterogeneous in their task, legal status, organization and other characteristics, which in their turn are interrelated and interacting. The President of Ukraine has a special place in this mechanism. In accordance with the Constitution of Ukraine, he directs the foreign policy of the country and as a head of state represents Ukraine in international relations. The logic of the current stage of the development of interstate relations strongly confirms that in order to effectively strengthen the common peace and international security, a unified strategy of interacting and regulating the external functions and powers of the presidents at the international level in ensuring this security must be developed. Perhaps, one of the most important functions of the President of Ukraine at the international level is the external function of ensuring the security of the state. Until the state has the security of its own territory and borders, other functions do not matter, because security is the guarantee of the stability, and therefore, the possibility of ensuring other functions.

From Parliament to Courtroom

2015 ◽  
Vol 30 (1) ◽  
pp. 120-146 ◽  
Author(s):  
Lubomír Kopeček ◽  
Jan Petrov
Keyword(s):  
Transitional Justice ◽  
Judicial Review ◽  
Political System ◽  
Point Of View ◽  
The Political ◽  
Legislative Process ◽  
Constitutional Court ◽  
Lower House ◽  
Strong Position ◽  
The Government

The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.

scholarly journals Constitution Review- between necessity and opportunity

2020 ◽  
pp. 11-26
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Political Elite ◽  
The Political ◽  
Constitutional Court ◽  
Democratic Regime ◽  
Parliamentary Democracy ◽  
Constitutional Amendments ◽  
Legislative Proposals ◽  
The Government ◽  
Institutional Actors ◽  
Constitutional Revision

The present article aims to rediscuss the variables of constitutional revision. This effort stems from the recent initiatives purporting “to reform the Constitutional Court of Romania” and observations regarding the “major deficit of parliamentary democracy in the legislative procedure”, generated by the special procedures of “tacit adoption”, “assuming responsibility” and the excess of legislative power on part of the Government, as expressed through ordinances. Given a constitution needs a certain level of stability and the possibility to adapt to new, political and social realities, this article showcases the procedural rules and limits in relation to constitutional revision. It selectively presents possible outcomes of a future constitutional revision – stemming from the observation of disfunctions manifested in the functioning of the constitutional-statal mechanism (particularly the parliamentary practice of tacitly adopting bills and legislative proposals and the governmental practices in the field of assuming responsibility before Parliament and of adopting emergency ordinances). It showcases the constitutional and infraconstitutional framework regulating the organization and functioning of the Constitutional Court of Romania and remarks a recent bill to amend Law No. 47/1992. Last but not least, it analyses whether constitutional amendments would actually play a part in consolidating the democratic regime of Romania if not paired with a reform of the political elite, reshaping the conduct of the main political and institutional actors

scholarly journals Political will is a required condition effective combating corruption.

2020 ◽  
pp. 359-365
Author(s):  
Kvasha Oksana
Keyword(s):  
Political Influence ◽  
The State ◽  
Necessary Condition ◽  
The Political ◽  
Political Leader ◽  
Political Will ◽  
Head Of State ◽  
The Will ◽  
Political Conditions ◽  
The Government

Effective counteraction to corruption at all levels is not possible without the symbiosis of such components as influencing the causes and conditions of corruption, creating systemic anti-corruption legislation, its effective application to all without exception manifestations of corruption in all levels of state power. However, such a symbiosis can only produce a positive result if the political will of the state leadership is available. I would call it a "conditio sine qua non" (a condition without which there is) overcoming corruption in the country, because in Latin "conditio sine qua non" means "a necessary condition", a necessary condition for the result. Political will in combating corruption is not only the will of the political leader (head of state) as an individual, but also the will of individuals from his immediate environment. Only political will is capable of ensuring the effectiveness of all other necessary components of counteracting corruption. The political will of the leadership of the state is a conditio sine qua non of minimizing corruption in the country, that is, a condition without which effective counteraction to corruption and corruption crime in Ukraine is impossible. The presence of political will is a prerequisite in the chain of others who are not capable of effectively preventing the spread of corruption in the absence of political will of the government. No other political conditions, economic, social or legislative levers will succeed in reducing corruption. Therefore, a promising direction for further research on this issue is the development of a scientifically sound mechanism for political influence of the government on the effectiveness of anti-corruption measures in Ukraine.

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