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Comparative Constitutional Law
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Theme 2: Systems of government
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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
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Presidential system President & cabinet parliament voters
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PM and cabinet majority party minority party voters
Parliamentary system PM and cabinet majority party voters minority party
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Parliamentary system coalition coalition party B party A voters
government opposition party a coalition party B coalition party A voters opposition party b
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Semi-presidential system
PM and cabinet voters parliament
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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’
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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
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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
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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)
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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)
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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
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