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Comparative Government - Coggle Diagram
Comparative Government
State Form
Republic
Republic
Netherlands: Const. Monarchy
Republic
Const. Monarchy
Form of government
Presidential
Parliamentary
Semi-presidential
Parliamentary
Parliamentary
State Structure
Federal
Decentralized Unitary Art.1
Federal
Unitary with Devolution
Decentralized Unitary
Head of State
President
head of state and government
highest federal executive power
represents US internationally
no immunity
no initiative power
Election process
Art.II(1)+12th Amd
elected by electoral college(538)for 4years
22nd Amd
Renewable once
Electors elected State by State
23rd Amd
Electors/State as many as Senators(2) and congressman in HoR(min.1)
electors vote by abs.maj of its members
if no candidate has abs.maj HoR votes among 3strongest for President
Senate among 3strongest for Vice-president
by abs.maj with elevated quorums of 2/3 of senators and state delegations in the house
States have free choice of election system for their electors
most use first-pass-the-post
a candidate wins all electoral votes if he gains relative maj. for corresponding elector
interest in wining relative maj. in large states because they will gain all electoral votes
Executive
Art.II(2)
appoints cabinet ministers, nominates Supreme court justices (with advice/consent of senate)
dismisses ministers on his own
commander-in-chief of armed forces
Art.I (7)
veto in legislative process (can be overridden by 2/3maj of both chambers)
Bowsher v Synar 1986
does not rely on confidence of Congress
Impeachment
Art.II(4)
quasi-criminal procedure for treason, bribery, etc
Art.I (2) HoR starts impeachment procedure
Art.I(3)
Senate tries impeachment by conducting court trial
guilty verdict requires 2/3maj. of present Senators
Amd XXV(4)
provides procedure to impeach president if considered 'unable to discharge his powers and duties'
Federal President
Election Process
Art,54(1+2) BL
elected by Federal Convention (electoral college) for once renewable term of 5years
(3) Federal Convention= bundestag members+ delegates from states (elected by proportional representation)
(6) abs.maj; in 3rd ballot relative majority
Functions and Powers
ceremonial functions
Art. 59(1)
representative function+ concluding intern. treaties
Art.63
appoints (abs.maj)/dismisses Chancellor; nominates candidate: conventionally nominates candidate of largest party
Art.64
appoints/dismisses federal ministers
Art. 60(2)
grant pardons
Art. 82(1)
promulgate federal legislation: no veto for political reasons, only if bill violates basic law
Arts. 63(4) + &((1)
dissolve Bundestag, call for early elections
if in3rd round Bundestag hasn't elected chancellor by abs.maj. or if chancellor request early elections after losing confidence vote: he has a choice
Art.58 (1)
decisions require countersign. of government members
Impeachment
Art.61
can be removed by const. Court for violation of basic law
impeachment procedure initiated by Bundestag&rat
1/4 of chamber members votes to table initiative
2/3 maj. to start procedure
President of the Republic
Election Process
Art.6
term of 5 years (max. 2consecutive terms)
Art.7
directly elected by abs.maj. in run-offs
no abs.maj.: 2strongest candidates move in 2nd round
Impeachment
Art.7
removed by Constitutional Council when found incapacitated
Art.68
impeachment-type-procedure for breach of duties
Art.67 enjoys immunity, can only be removed for high treason
Impeachment-type procedure
Art 68
parliament begins process by 2/3maj
case goes then to High Court (compromised of from members of both chambers, presided by President of NA)
1month to decide, needing 2/3maj in favour for impeachment
Functions and Powers
Art.14
represents state abroad+diplomatic functions
Art.52
concludes intern. treaties
Art. 12
dissolve NA after consultation with PM and chambers president
Art.13
appoints functionaries
Art.17
grants pardons
Art.8
appoints PM as head of government, therefore steer legislative agenda
Art.9
presides over council of ministers
Art.15
Commander-in-chief of armed forces
Art.16
emergency powers
Participates in EU Council
no veto power
Queen
hereditary office
Powers
ceremonial in practise
stripped of personal exercise of her discretionary powers
constrained by supremacy of parliament and discretion of PM
gives royal assent to bills without choice to refuse
Bill of Rights 1689: can't legislate without parliament
'approves' PM's decisions
no veto
King
also heads Kingdom of NL
hereditary
Rules of royal accession laid down in Art.25+ Art.5(1) Charter
Powers
Art.42
government compromises King and his ministers
(2) inviolable: no responsibility for government action
-Art. 47
royal decrees&approval of legislation must be countersigned by ministers: no personal const. function
consults with PM weekly
Head of Government + Government
President
Chancellor
Election Process
Art.63
elected by Bundestag upon proposal of President by abs.maj
appointed by President
no abs.maj: other voting round by Bundestag without nomination of president
still no abs.maj: 3rd round with relative maj sufficient
with relative maj. President decides whether to appoint candidate or call for new Bundestag elections
Powers and Tasks
Art. 62
forms with ministers the cabinet
Art.64(1)
proposes ministers to be appointed/dismissed by president
Art. 65
gives overall policy guidelines
Art.115b
commander-in-chief of armed forces if another country invades territory ( Art.65a: in normal times Minister of Defence)
Member of EU Council
can be Bundestag member
Accountability
chancellor and her government accountable to Bundestag
Art. 67 68
owes her office to BT that can censure Chancellor if it has lost confidence
Art. 67
constructive vote of no-confidence: only oust chancellor by electing new one by abs.maj
48h cooling-off period between introduction of initiative and vote
Art.69 (2)
with end of term of old chancellor: end of term for ministers: whole government falls
Confidence Question
Art.68
chancellor may ask Bundestag to affirms its confidence in her
if motion succeeds, she stays
if fails she can decide to stay in office or ask President to dissolve Bundestag and call for early elections
can be used to clear an impasse
loose on purpose: to have early elections (initiated by president) to gain fresh legitimacy, resolve deadlocks, boosts governments majority
Prime Minister
CONVENTION
appointed by Queen
must be head of biggest party
His government
formed by political party that has abs.maj in House of Commons
if no abs.maj: coalition with other party by 'confidence and supply' agreement
selects his cabinet ministers (must be parliamentarians by Conv.) who are apppinted by queen
ministers+ PM form cabinet: highest executive power
Ministerial Accountability
cabinet accountable to Commons
Convention:
if commons passes vote of no-confidence PM resigns (same for individual ministers)
no procedure requirements for censure votes
also parliamentary oversight over its actions
Prime Minister
Appointment
Art. 8
Appointed by President
Removed by President, when PM tenders governments resignation
Art. 49
tender resignation voluntarily or after being defeated from NA
Art. 20,49,50
PM and his government accountable to NA
Tasks & Functions
Head of executive next to President
head of government proper
Art.20
in charge of national policy making
participate in EU Council
Accountability
government accountable to NA
Art.49 para 1
PM can make policy program/statement to matter of parliamentary confidence
if NA rejects program/statement he must tender resignation
Art.49 para2
motion of censure by NA
signed by min 1/10 of the members of the NA
cooling-off period of 48h between initiative and vote
need abs.maj to pass motion
Prime Minister
CONVENTION
Cabinet Formation
cabinet tenders resignation to King on day of 2nd chamber elections
stays on as caretaker cabinet till election results established
2nd Chamber chooses formateur who has to build cabinet
if successful: appointed by King
Powers and duties
PM+ Cabinet have executive Power
Art. 97 (2)
Command of armed forces assumed by government
participate in EU Council
Art.68
Ministers must answer parliamentary questions
accountable for domestic&foreign policies incl. EU policies
No Confidence
not regulated in Const: not bound by formalities
directed to whole/ individual cabinet
regular motion by which 2nd Chamber expresses its opinion
support by simple maj
can also be shown by adoption of amendment if minister has different opinion
certain policy deviates from ministers policy: shows him confidence is lost
he tenders resignation with King
Parliament
Upper Chamber
dominant
elected in nation-wide elections
Lower Chamber
represents constituent parts of states as such
representatives from regions can participate in law-making
Constitutional Amendment
partly complemented
partly superseded by additional texts
Art. V
initiative 2/3 majorities in both houses of Congress OR by a constitutional convention summoned by two-thirds of all states
proposed amendments must be ratified by 3/4 of states
no nationwide referenda