Balance of Powers…Some International Models

1- Parliamentary System:

- An Executive Institution (Government) and a Legislative Institution (Parliament).

- Balance and overlap between the two authorities.

- The government is formed by the party or parties of majority in the parliament and the members of government are members in parliament. The government has the right to suggest and issue laws and dissolve the parliament.

- The parliament has the right of government questioning (Investigation committees, questions and interrogations) and the right of withdrawing confidence from a minister or government.

- The reality is the preponderance of government which forms majority in the parliament thus allowing it to direct and lead parliament. Questioning in the form of withdrawal of confidence is rarely to happen. The opposition is exercising supervision over the government basically.

2- Presidential System:

- Separation between the institution of Executive Authority (Presidency) from Institution of Parliament (Congress). But, there is an overlap in practicing authorities.

- The President is elected directly by the people in a form separate from the elections of parliament.

- The President chooses ministers and they are politically responsible before him and not before the parliament. The parliament can not withdraw confidence from the ministers or the President. The President has no right to dissolve the parliament.

- There is an overlap among Authorities in the frame of supervision and balance. For example; the right of the President to oppose laws through "Veto", the right of the Senate to approve or reject the appointment of senior officials of the State proposed by the President (ministers and ambassadors), the right of the parliament to approve treaties and the right of the parliament to judge the President and his ministers in case of committing major crimes.

- In the practical reality during the existence of a majority for the party of the President in the parliament, there is a great harmony between the two Authorities. In case of different majority, the parliament practices a wider role in supervision but sometimes leads to a case of stalemate.

3- Mixed System:

This system combines characteristics of the Parliamentary and Presidential systems:

- This system exists in a number of countries including France, Finland, Portugal, Russia, Ukraine, Algeria, Poland and Egypt.

- The Executive Authority is practiced through the President of the Republic and Premier of the Council of Ministers.

- The President is elected directly by the people and the Prime Minister is from the party of majority in the Parliament.

- The President of the Republic is not responsible before the Parliament while the Prime Minister and his government are responsible before the parliament. The parliament has the right to withdraw confidence from the government and ministers and not from the President but it can judge him.

The experiences are different with regard to the realization of the balance of power in the frame of the mixed system.

1- Appointment of government

Most international models are agreeing on the appointment of the President of the Republic for the Prime Minister. They are not agreeing on the necessity of parliament's vote to approve the nominee or propose him by the parliament then to be appointed by the President in other cases.

2- Powers of government

Different international models are converged in giving the government a group of powers such as putting the general policy of the State, guaranteeing its sovereignty independence of its economy, implementing national and foreign policy, applying the Constitution, law and decisions of the President. This, while the President of the Republic has the right to take a group of decisions solely or collectively with the government such as calling for the parliamentary elections, dissolving the parliament, representing the State in international arenas, negotiating and concluding international treaties, appointing and dismissing diplomatic missions and senior officials of the State.

3- Relation between Parliament and Government

Different models are agreeing on the parliament right to vote for withdrawing confidence from the government but they are not agreeing on the ratio of the required majority and role of the President if the parliament withdraws confidence from the government whether to accept the government resignation or dissolve the parliament.

4- Parliament and State Budget

The international experiences agree that the government shall submit the budget in a specific date but there is a difference on the parliament right to make amendments to the budget especially with regard to the requirement of government approval to said amendments. In some cases, it required that amendments of parliament shall not lead to a deficit exceeding what the government proposed.

5- Controls on the President's exercise of powers when facing dangers that threaten the country's security

The most obvious model in specifying controls on the President's exercise of powers when facing dangers that threaten the country's security is represented in the French Constitution which stipulated that when the country's institutions, territorial integrity and independence or fulfillment of the international obligations face grave and urgent danger and when impeding the General Constitutional Institutions from performing their natural performance, the President of the Republic shall take the necessary measures after consultation with the Prime Minister and heads of the Parliamentary Councils and Constitutional Council.

The President shall inform the nation in a message on these measures which shall emanate from the desire in providing the necessary means to help the General Constitutional Institutions perform their duties in the shortest possible period. The Constitutional Council shall be consulted with regard to the said measures and it is not allowed to dissolve the parliament while practicing the emergency powers.