1. Comparative Constitutional Law

2. Theme 2: Systems of government

3. 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

4. Presidential system
President
&
cabinet
parliament
voters

5. PM and cabinet majority party minority party voters
Parliamentary system
PM and cabinet
majority party
voters
minority party

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

7. Semi-presidential system
PM and cabinet
voters
parliament

8. 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’

9. 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

10. 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

11. 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)

12. 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)

13. 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