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Comparative Constitutional Law

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.

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Comparative Constitutional Law

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  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

  5. Parliamentary system

  6. Parliamentary system

  7. Semi-presidential system

  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

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