Comparative Constitutional Law Theme 2 Systems of government

Comparative Constitutional Law

Theme 2: Systems of government

Systems of government: Parliamentary v Presidential systems is the president/head of government dependent on the confidence or acceptance by majority of parliament in order to stay in office? Semi-presidential systems Faculteit der Rechtsgeleerdheid / Faculty of Law

Presidential system President & cabinet parliament voters

Parliamentary system PM and cabinet majority party voters minority party

Parliamentary system government coalition party A coalition party B voters opposition party b opposition party a

Semi-presidential system president voters PM and cabinet parliament

Part II: Legislative process – USA § Federal laws can only be made in areas provided for in the Constitution § Initiative in House or Senate (Art. 1(7)) § ‘Bicameralism clause’ § Both chambers can propose amendments § President signs the bill or vetoes it § Congress can overrule a veto by 2/3 of members present § ‘Pocket veto’ Faculteit der Rechtsgeleerdheid / Faculty of Law

Legislative process – Germany § Two competence catalogues: exclusive or concurrent (Articles 71 and following) § Initiative: Bundestag, Bundesrat or Government (Art. 76) § First discussed and voted on in the Bundestag, which can make amendments § Simple majority in Bundestag § Consent of Federal Council may be required, otherwise normal procedure § Bundestag can overrule Bundesrat § (Art. 77(4)) § President signs bills into law Faculteit der Rechtsgeleerdheid / Faculty of Law

Legislative process – UK § Introduce in either House § Three readings, both Houses can make amendments § Commons can overrule Lords on the basis of the Parliament Acts 1911 and 1949 § Queen must sign all bills into law Faculteit der Rechtsgeleerdheid / Faculty of Law

Legislative process - France § § parliamentary competences are enumerated (art. 34) initiative: PM, national assembly or senate (art. 39) government has power of amendment (art. 44); statutes within the parliament’s competence must pass both chambers § government may ask the NA to override the senate in case of a deadlock (art. 45) Faculteit der Rechtsgeleerdheid / Faculty of Law

Legislative process – the Netherlands § initiative and power of amendment lie with government and members of the Lower House (art. 82 and 84) § bills must pass both chambers, Upper House retains power of rejection (art. 85 and 87) § bills must go to Council of State for opinion (art. 73) Faculteit der Rechtsgeleerdheid / Faculty of Law

The product: the statute/Act of Parliament/loi/Gesetz § § § must comply with the constitution general application government and administration bound to comply only legislature can change sometimes review by courts the province of the legislature – the principle of legality Faculteit der Rechtsgeleerdheid / Faculty of Law