IZVRŠNA VLAST U VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Đorđije Blažić ◽  
◽  
Anika Kovačević ◽  
Keyword(s):  
Political Parties ◽  
Internal State ◽  
Executive Branch ◽  
The State ◽  
Executive Power ◽  
Political Factor ◽  
Coup D'etat ◽  
Political Situation ◽  
Council Of Ministers

The author analyzes the provisions of the Vidоvdan Constitution which regulate the position and competence of the executive branch. With the Vidovdan Constitution, the Kingdom of Serbs Croats and Slovenes was proclaimed a constitutional parliamentary and hereditary monarchy in which the King has a central constitutional position and the position of an undisputed holder of executive power. The executive power is made available to the king, which is exercised by the ministers for him, with him and his subordinates. Ministers form the Council of Ministers (Government) and are at the head of certain administrative departments. Although the Constitution proclaimed parliamentarism, there was no classic parliamentary responsibility of ministers before the Assembly. The king was a political factor that enters the field of competence of other holders of power, and thus the division of power provided by the constitution "falls away". The king's power extends to the civil and military field of life of the state, to the external and internal spheres. Although the adoption of the Vidovdan Constitution aimed to create a unified system of organization and division of power, the internal state and political situation in the country, after the adoption of the Constitution, became more complicated and filled with frequent ministerial crises and conflicts of political parties. The King's domination and his frequent "going out" outside the constitutional framework resulted in increasing centralization and, in the end, a coup d'etat and the establishment of King Alexander Karadjordjevic's personal dictatorship.

The Governor And The Constitution

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Jai Shankar Singh
Keyword(s):  
Political Parties ◽  
Executive Power ◽  
Political Environment ◽  
Indian Constitution ◽  
The Real ◽  
Base Approach ◽  
Form Of Government ◽  
Council Of Ministers

The constitution of India has adoped the parliamentary form of Government which evisages that the President and the Governor shall be the mere constitutional or nominal heads and the real executive power shall vest in the council of ministers. The constitution makes details provisions regarding the debate over the appointment, powers and functions of the Governor. There was executive debate over the appointment, rold and position of the Governor in the consituent assembly and it resolved that the Governor would be merely a constitutional head and will exercise his powers and functions with the aid and advise of the council of ministers except whre he is under the constitution required to act in his discreation. The experience of the working of the constitution upto the last seven decaded regarding the appointment and the exercise of the powers of the Governor has shown that there is no defined, transparent, objective and merit base approach in the appointment of Governor and at times the Governors exercise their powers in partisan and arbitary manner in complete disregard to constitutional spirit and mandate as well as settled consitutional conventions. In view of the multiple political parties with different ideology and volatile an charged political environment since the nineties onward, an enquiry into the appointment, position, powers and functions of the Governor under the Indian constitution is the need of the hour.

Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries

2018 ◽  
Vol 8 (7) ◽  
pp. 2178
Author(s):  
Galym KOZHAKHMETOV ◽  
Guldana KUANALEEVA ◽  
Saulen NURZHAN
Keyword(s):  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
System Structure ◽  
Executive Power ◽  
Main Role ◽  
Theoretical Concepts ◽  
Foreign Countries ◽  
Depth Analysis ◽  
The Republic

This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism. In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.

One Chief Executive or Many?

2021 ◽  
pp. 147-182
Author(s):  
Jeffrey S. Sutton
Keyword(s):  
National Level ◽  
Chief Executive ◽  
Executive Branch ◽  
The State ◽  
United States Constitution ◽  
Executive Power ◽  
State Constitutions ◽  
Executive Authority ◽  
Attorneys General ◽  
Surface Similarity

This chapter compares the unitary executive at the federal level with the plural executive at the state level. The fifty state constitutions and the United States Constitution share a “surface similarity” in describing the authority of their chief executives: They both vest executive power in a governor or president. But in practice, there are many differences. At the national level, the US Constitution places all executive authority in one president who controls the executive-branch officers through the singular authority to choose all cabinet members. What’s called a unitary executive largely is one, given the president’s authority to hire and fire these executive branch officers. Contrast the state side. In response to the states’ colonial experiences with a monarch, many of the first state constitutions created weak executive branches. All but one of the original state constitutions also mandated that the governor work alongside an executive council. In many states, constitutional executive offices—secretary, treasurer, auditor—are often chosen by the legislature. The rise of the state attorneys general as a source of local and national power offers one illustration of the salience of the plural executive.

scholarly journals THE DIVISION OF COMPETENCE IN THE AREAS OF STATE SECURITY AND FOREIGN AFFAIRS WITHIN THE EXECUTIVE BRANCH IN LIGHT OF THE 1997 CONSTITUTION OF THE REPUBLIC OF POLAND

2017 ◽  
pp. 209-222
Author(s):  
Krzysztof Urbaniak
Keyword(s):  
Mixed Model ◽  
Executive Branch ◽  
Foreign Affairs ◽  
Executive Power ◽  
State Security ◽  
Political Conflicts ◽  
Division Of Powers ◽  
Head Of State ◽  
The Republic ◽  
Council Of Ministers

Pursuant to Article 10 of the Constitution of the Republic of Poland, executive power is vested in the President of the Republic of Poland and the Council of Ministers. Implemented in Poland, the dualism of the executive branch creates a problem with the division of duties and competence between the cabinet and the head of state.  This paper analyses the division of powers within the executive branch in the areas of state security and foreign policy. The analysis of the constitutional provisions and the political practice indicates that the model of cooperation between the President and the cabinet as adopted in the Constitution of 1997 is ineffective and leads to political conflicts. In view of the Polish political conditions, it is advisable to amend the Constitution in order to move away from the mixed model towards either the presidential model or the parliamentary-cabinet model of the executive branch of government.

Sovereignty and Executive Power

2018 ◽  
Author(s):  
Christopher W. Morris
Keyword(s):  
Early Modern ◽  
Executive Branch ◽  
Political Authority ◽  
The State ◽  
Foreign Affairs ◽  
Executive Power ◽  
Ultimate Source ◽  
Classical Conception

States claim sovereignty, that is, to be the ultimate source of political authority in their realm. The classical conception of sovereignty defended by early modern thinkers such as Hobbes and Rousseau would give the sovereign extraordinary powers, the authority to rule on just about any matter concerning its subjects and territory. Few today defend this classical conception of sovereignty as unconstrained authority; most everyone thinks that the powers of the state are constrained and limited. Constrained states can still be very powerful, and today many argue that the power of the executive branch of government, in particular, ought to be less constrained than it is thought to be. This chapter argues that the concept of the sovereignty of the state, whether understood in a classical way or as limited, gives little support to those who argue that the executive branch ought to be relatively unconstrained in the realm of security and foreign affairs. The doctrine of the sovereignty of the state does not single out any branch of government for distinctive powers. While there may be reasons intrinsic to sovereignty to attribute greater powers to states, these reasons don’t privilege the executive branch of government. Our executive branches are not sovereigns.

Presidential Privilege and the Freedom of Information Act

2019 ◽  
Author(s):  
Kevin M. Baron
Keyword(s):  
Social Learning ◽  
Historical Analysis ◽  
Public Information ◽  
Executive Branch ◽  
Executive Power ◽  
Power Dynamics ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Contemporary Politics ◽  
Government Secrecy

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

Russian Parliamentarism Party Model

2018 ◽  
Vol 42 ◽  
pp. 245-255
Author(s):  
Rostislav F. Turovsky
Keyword(s):  
The State ◽  
Point Of View ◽  
Soviet Period ◽  
Political Situation ◽  
Managerial Positions ◽  
Post Soviet Period

The article is devoted to the study of the party model of Russian parliamentarism in post-soviet period. The focus is on the issues of party representation and its correlation with the distribution of the managerial positions and introduction of collective legislation at State Duma. These issues are examined from the point of view of reaching cross-party consensus and implementation of fair parliament party representation principle. According to the author Russian parliamentarism model aims at reaching full-fledged party consensus that corresponds better to the principles of popular representation than strict parliament polarization along the line of “authority-opposition”. Understanding of those issues by the majority of the players was noted from the very start of the State Duma activities, in spite of the acute conflicts in the 1990-ies.The author draws the conclusion that the equation of party representation continues to grow at the level of managerial positions in the parliament that allows to improve cooperation of the parties and to reduce authority and opposition conflicts. Thereby the Russian parliamentarism model makes an important contribution to the stabilization of socio-political situation of the country.

In a word, I’ve been there

2019 ◽  
pp. 246-256
Author(s):  
A. K. Zholkovsky
Keyword(s):  
The State ◽  
Female Characters ◽  
Political Situation ◽  
The Core ◽  
The Relationship ◽  
Core Problem ◽  
Typical Solution

In his article, A. Zholkovsky discusses the contemporary detective mini-series Otlichnitsa [A Straight-A Student], which mentions O. Mandelstam’s poem for children A Galosh [Kalosha]: more than a fleeting mention, this poem prompts the characters and viewers alike to solve the mystery of its authorship. According to the show’s plot, the fact that Mandelstam penned the poem surfaces when one of the female characters confesses her involvement in his arrest. Examining this episode, Zholkovsky seeks structural parallels with the show in V. Aksyonov’s Overstocked Packaging Barrels [Zatovarennaya bochkotara] and even in B. Pasternak’s Doctor Zhivago [Doktor Zhivago]: in each of those, a member of the Soviet intelligentsia who has developed a real fascination with some unique but unattainable object is shocked to realize that the establishment have long enjoyed this exotic object without restrictions. We observe, therefore, a typical solution to the core problem of the Soviet, and more broadly, Russian cultural-political situation: the relationship between the intelligentsia and the state, and the resolution is not a confrontation, but reconciliation.

Formation of the research tradition of studying the institute Parliamentarism as a mechanism for the establishment of democracy

2017 ◽  
pp. 187-198
Author(s):  
Akil Ibrahim Al-Zuhari
Keyword(s):  
Balance Of Power ◽  
Research Strategy ◽  
The State ◽  
Executive Power ◽  
Research Tradition ◽  
Stage Of Development ◽  
The People ◽  
Long Time ◽  
The Government ◽  
Parliamentary Regimes

The article defines the features of the process of forming the research tradition of studying the institute of parliamentarism as a mechanism for the formation of democracy. It is established that parliamentarism acts as one of the varieties of the regime of functioning of the state, to which the independence of the representative body from the people is inherent, its actual primacy in the state mechanism, the division of functions between the legislative and executive branches of government, the responsibility and accountability of the government to the parliament. It is justified that, in addition to the regime that fully meets the stated requirements of classical parliamentarism, there are regimes that can be characterized as limited parliamentary regimes. The conclusions point out that parliamentarism does not necessarily lead to a democracy regime. At the first stage of development of statehood, it functions for a long time in the absence of many attributes of democracy, but at the present stage, without parliamentarism, democracy will be substantially limited. Modern researchers of parliamentarism recognize that this institution is undergoing changes with the development of the processes of democracy and democratization. This is what produces different approaches to its definition. However, most scientists under classical parliamentarianism understand such a system, which is based on the balance of power. This approach seeks to justify limiting the rights of parliament and strengthening executive power. Keywords: Parliamentarism, research strategy, theory of parliamentarism, types of parliamentarism

Sign in / Sign up

Export Citation Format

Share Document