Balancing between Authorities

While all political regimes adopt some sort of balance between their political authorities, this may take different shapes and forms each according to the nature of the regime.

The Parliamentary System

-The Executive (the Government) and the Legislative (the Parliament);

-The balancing and power-sharing of authorities.

-The government is formed of a majority party or a coalition; members of the government are also members of Parliament; the government has the right to propose and promulgate laws as well as dissolve Parliament.

-Parliament may call the government to account (inquest committees, inquiries and interpolations) or withdraw confidence from either a minister or the entire cabinet

-The scale is tipped in favor of the government with the majority in parliament. Accountability in terms of confidence withdrawal becomes a rarity in this case. It is the opposition, here, which basically undertakes the process of monitoring the government.

The Presidential System

-The Executive (the Presidency) stands separate from Parliament (Congress); i.e. both institutions share powers.

-Elections to choose a President are carried out separately from parliamentary elections.

-President chooses his cabinet, which is politically accountable to him/her and not to parliament. Parliament cannot withdraw confidence from a cabinet minister or the President. Moreover, the President is not entitled to dissolve Parliament.

-Checks and balances exist between the various authorities. For example the President may veto a bill; the Senate may object to designated state appointees (ministers or ambassadors); and Congress may disapprove treaties and may impeach the President and of his/her minister in case of committing major crimes.

-In fact, should the President's Party have the majority in Parliament, both authorities will be in harmony. Should the tables be turned, however, and the majority is given a greater role at monitoring a deadlock could be reached.

The Semi-Presidential System

The system is a blend between the presidential and parliamentary system.

-The system is adopted by several countries including France, Finland, Portugal, Russia, Ukraine, Algeria, Poland and Egypt.

-Under this system, both the President and the Prime Minister are entrusted with the Executive Authority.

-The President is directly elected by the people and the prime minister is chosen from amongst the majority party.

-While the President is not held accountable to Parliament the prime minister and his cabinet are. Parliament has the pwer to withdraw confidence from the cabinet, either collectively or individually, but not from the President. The President cannot moreover be impeached.

Appointing the Cabinet

Russia

-The President appoints the Cabinet after receiving the consent of the Duma.

-The name of the prime minister-designate is submitted to Parliament two weeks after the President's inauguration.

-If rejected three times, the nominee is appointed by the President; whereas Parliament is dissolved and early elections are called for.

-Within a week after being appointed, the prime minister names his cabinet and submits his proposals to the President.

-The President removes cabinet ministers at the prime ministers suggestion.

-The cabinet may submit its resignation to the President, who may or may not accept it.

The Ukraine

-The President appoints the prime minister given the approval of more than half of Parliament members.

-The President appoints cabinet ministers, upon proposal by the prime minister.

-The President relieves the prime minister of his/her duties of offices and accepts or rejects his/her resignation if tendered.

-The cabinet tenders its resignation to the President-elect.

Poland

-The President appoints the prime ministers, who then proposes a cabinet line-up to be appointed within a fortnight from the first of lower house (the Sejm) after election.

-The prime minister delivers a statement indicating his government program 14 days after being appointed; a call for a vote of confidence should be made, which should be won by half of Parliament members.

-In case the cabinet failed to ensure a vote of confidence, the lower house chooses a prime minister, who forms a cabinet. Parliament members then take a vote of endorsement in presence of at least half of Parliament. The President then appoints the cabinet chosen by Parliament.

-In case Parliament fails to settle upon a cabinet, the President appoints a prime minister within two weeks. A vote of confidence is then called for at the presence of half of Parliament members.

-In case Parliament fails to endorse the cabinet, the President dissolves Parliament and calls for early elections.

-The prime minister submits his/her resignation at the first meeting of the newly elected Parliament.

France

-The President appoints or relieves the prime minister. -The President also appoints cabinet members, and relieves them from office at the suggestion of the prime minister.

Government vs. Parliament

Vote of Confidence

Russia

-The government may submit its resignation to the President, who may accept or reject it. -Parliament may vote to withdraw confidence from the government; the vote may be passed by a simple majority.

In case Parliament takes another vote of no-confidence in three months, the President relieves the government of office and dissolves Parliament.

-The prime minister may request Parliament to take a vote of confidence.

In case Parliament returns a no-confidence vote, the President will, within a week, either relieve the cabinet of its duties or dissolve Parliament and call for early elections. -Parliament may not be dissolved in case it withdraws confidence from the government within a year of parliamentary elections.

-Parliament may not be dissolved at a time when the President is being impeached, or in case the country is under emergency law or facing marlial laws or during the 6 months prior to the end of the President's term of office.

The Ukraine

-Upon the request of no less than a third of its members, Parliament may not hold the government accountable or pass a majority vote of no-confidence.

-Parliament may not hold the government accountable more than once during a regular session.

-A Parliament vote of no-confidence should lead to relieve the cabinet of its duties.

Poland

-Parliament contemplates a vote of no-confident at the request of 46 out 460 MPs, and confidence is withdrawn by a majority vote.

With the vote having been passed, the President relieves the prime minister of his duties and Parliament names a new prime minister.

-A no-confidence vote is deliberated within a week of it being entered. No other such vote can be submitted until three months after the former or unless 155 (a third) MPs enter the plea.

-The prime minister may enter a request for a vote of confidence which is passed by the majority in presence of at least half of Parliament members.

France

-The prime minister may, after consulting with his/her cabinet, submit the government program or a policy statement as subject of accountability to Parliament.

-Parliament may raise the issue of government accountability at the request of one tenth of Parliament members, a vote is passed only by the majority of Parliament.

-No single MP can sign more than three requests for a no confidence vote during a regular session; one during an extraordinary session.

-In case of withdrawing confidence, the prime minister submits his/her resignation to the President.

-The President, after consulting with the prime minister and with the speakers of the lower and upper houses to hold early elections within 20 to 40 days from dissolving Parliament.

-By no means can Parliament be dissolved again within the year following elections.

Government compelentes

Russia

-To develop and present the state budget to Parliament; and deliver a progress report on plan implementation.

-To guarantee that a unified financial and monetary policies are applied throughout the country.

-To apply a unified state policy in the fields of culture, education, healthcare, social ensurance and the environment.

-To manage federal properties.

-To adopt the procedures ensuring the country's defence and security and administer foreign policy.

-To guarantee the equality, freedoms and rights of individuals, protect private and public property, uphold law and order and reduce the rate of crimes.

-To carry out any of the tasks stipulated in the Constitution, federal laws and/or in presidential decrees.

-To promulgate statutes and executive decisions based on the articles of the Constitution, federal laws and/or presidential decrees,

-All government-promulgated statutes and/or executive decisions are binding mation wide.

-The President may abolish any government-promulgated statute and/or executive decision should he/she consider it in breach of the Constitution, federal laws and/or presidential decrees.

The Ukraine

-To safeguard the country's sovereignty and economic independence; administer state policies, both internally and externally; and implement the articles of the Constitution, the law and/or presidential decrees.

-To protect the rights and freedoms of individual citizens.

-To implement financial, pricing, investment, taxation, employment, housing, education, cultural and environment policies.

-To devise and promot national programs for economic, scientific, technological, social and cultural development.

-To guarantee equal opportunities to developing all forms of ownership and to manage state property according to law.

-To develop a draft budget, ensure its implementation as approved by parliament and deliver a progress report on the achievements to Parliament.

-To adopt the measures necessary for defending the country, national security, upholding public order and combaling crime. -To organize and implement external economic activities and manage customs duties.

-To coordinate between cabinet ministries and other agencies of the Executive.

-To carry the other government tasks stipulated in the Constitution, the law and presidential decrees.

-The Cabinet may, within the framework of its competences, issue decisions that are binding throughout the country.

-Cabinet decisions are signed by the prime minister.

Decisions signed by both the prime minister and the President:

-External State representation, administering political activities abroad, negotiations and accession to international treaties.

-proeidutes of Recognizing other States.

-Appointing and dismissing heads of diplomatic missions to international organizations, accepting credentials and recalling representatives abroad.

-Dissolving Parliament in case of failing to convene in 30 days from date set for the beginning of the ordinary session.

-Appointing and dismissing cabinet members, heads of executive units and municipal councils. -Appointing and dismissing the heads of Radio and Television and untimonery committe.

-Creating, streamlining and abolishing cabinet ministries, and executive authority organs.

-Appointing and dismissing commanders of the Armed Forces, Defence and National Security.

-Decisions of the Council of National Security and Defence.

-Declaring a state of emergency.

-Appointing one third of members of the Constitutional Court.

-Establishing courts according to the procedures defined in law.

-Awarding military, diplomatic and other ranks.

Poland

-To administer the country's internal and external policies.

-To uphold law and order.

-To issue statutes.

-To oversee the performance of the State's administrative organs.

-To protect the interests of the State's treasury. -To supervise the implementation of the State budget and to make a progress report on the achievements secured.

-To safeguard internal security and public order.

-To protect the country from foreign assault.

-To oversee relations with other countries and international organizations.

-To accede to, ratify and abolish international agreements.

-To annually determine the number of conscripts required for military service.

-To determine its own method of operation.

-For the purpose of validation, presidential decrees require the signature of the prime minister, who is thereby rendered accountable to Parliament.

-The above-mentioned paragraph does not apply to the following:

Calling for parliamentary elections.

Inviting Parliament to convene.

Proposing draft bills.

Calling for referendums.

Endorsing or rejecting draft laws.

Publishing laws in the official gazette.

Addressing messages to Parliament.

Referring cases to the Constitutional Court.

Inviting national auditors to carry out given tasks.

Naming and appointing prime ministers.

Accepting the Cabinet's resignation and requiring it to carry on as care-taker on a temporary basis.

Implementing Parliament decision to put a cabinet-minister on trial.

Dismissing a cabinet-minister, from whom Parliament has withdrawn confidence.

Inviting the cabinet to convene.

Awarding decorations and medals.

Appointing judges.

Giving pardon.

Bestowing and withdrawing nationality Appointing presidents of the Constitutional and Supreme courts.

Inviting Parliament to appoint the governor of the Central Bank.

Appointing members of the monetary council. Appointing and dismissing members of the national security council.

Appointing members of radio and television board of directors.

Appointing and dismissing members of his/her staff.

Resigning from office.

France

-The government manages national policy, and controls civil service units and the Armed Forces. -The prime minister runs government business and is responsible for national defense and the Armed Forces. -The prime minister may delegate powers to his/her cabinet minister.

-The prime minister's decisions are co-signed by the cabinet-minister in charge.

With the exception of the decisions listed below, presidential decrees are signed by the prime minister and the cabinet-minister in charge:

Appointing and dismissing the prime minister and appointing cabinet-ministers.

Calling for referendums

Dissolving the National Assembly

Adopting measures called for by exceptional

circumstances.

Sending messages to Parliament.

Referring treaties to the Constitutional Court.

Appointing members of the Constitutional Councils.

Referring laws to the Constitutional Court prior to endorsement.

The General Budget

Russia

-The government drafts and submits the budget to Parliament and delivers a progress report on the achievements secured.

The Ukraine

-The government submits draft budget to Parliament by mid-September every year.

-Parliament approves budget, introduces changes thereto, and monitors implementation. -The government reports to Parliament on Budget implementation.

Poland

-Cabinet submits draft budget to Parliament at least three months before the beginning of the fiscal year. -Parliament issues law approving budget, to be signed by President within seven days.

-In case budget is not approved, cabinet manages State funds according to law.

-Increasing expenditures or reducing resources does not warrant Parliament endorsement of the budget deficit as proposed by the government.

France

-Parliament approves all financial legislations in accordance with law.

Issues on Debate in the Presidential Election Program -Enhancing Parliament role with respect to: Government monitoring and accountability; and confidence-voting.

Allowing Parliament a greater power in endorsing State budget.

-Boosting cabinet role, expanding its competences and broadening the base of its participating in executive businesses with the President.

-Placing checks and balances regarding the President's competences as established in the Constitution in case of threats to the nation or of obstacles impeding the constitutional performance of state institutions.



Constitution Modernization UP