Parliament Research Articles

Anti-Defection Law And Its Impact Over Constitutionalism In Bangladesh: An Analytical Study

Anti-Defection Law And Its Impact Over Constitutionalism In Bangladesh: An Analytical Study

Capacity Of The President Of The Republic In Relation To The National Parliament And The Government Of Timor-Leste (2024)

Introduction: The President of the Republic is the Head of State, symbol and guarantor of national independence, the unity of the state and the regular functioning of democratic institutions under the terms of paragraph 1 of article 74 of the CRDTL, the President of the Republic through his constitutional powers provided for in clause F) of article 86 of the CRDTL, with the President of the Republic to dissolve the National Parliament in the event of a serious constitutional crisis that does not allow the formation of the government or the non-approval of the General State Budget.

M. N. Roy and the Problem of Parliamentary Democracy.

This article offers a new interpretation of anti-colonial constitutional thought of the mid-twentieth century. Historians and political theorists have long viewed the circulation of democratic constitutions at the moment of decolonization in terms of the diffusion of electoral, parliamentary government. This article argues against such a "parliamentary" reading of anti-colonial democracy by examining the political thought of Indian Marxist thinker M. N. Roy (1887-1954). I reconstruct Roy's writings on anti-parliamentary forms of popular sovereignty through the 1940s. Further, I situate Roy's democratic theory as a response to understandings of political representation within the Indian national movement.

Rethinking the Role of Issue-Voting in Referenda: Conjoint and Vote Choice Analyses of Preferences for Constitutional Change in Chile

What determines the vote in referenda: issue-preferences or second-order considerations? Scholars suggest issue-voting is stronger in salient elections. Based on survey data collected during Chile's constitutional referendum, the article challenges this argument. An innovative conjoint experiment allows us to estimate if different elements of the constitution sunk the proposal. Coupled with vote choice models, results indicate that second-order considerations played a more important role than the literature predicts. We argue this is because studies mostly study referenda on European integration in parliamentary systems. Unlike European integration, the constitutional proposal was not a cross-cutting "issue," but one tied to the incumbent. Presidentialism exacerbated government/opposition dynamics, such that the incumbent's popularity significantly affected vote choice. We discuss why this is similar to what transpired in other Latin American countries and draw lessons for participatory democracy.

Konträr oder konstruktiv? Zur produktiven Widersprüchlichkeit zwischen Föderalismus und parlamentarischer Demokratie

The relationship between federalism and parliamentary democracy was long considered to be susceptible to functional problems, and thus in parts incompatible . Accordingly, cross- level political coordination, which is necessary for federalism in practice, stands at odds with the dynamics of partisan competition typical of parliamentary systems of government . The interactions between both processes were considered as either susceptible to deadlocks in intergovernmental coordination or as a cause of de-parliamentarization of politics . In light of the diversity of federal systems in practice, however, this viewpoint appears as over- ly narrow . While democracy and federalism are surely not inherent counterparts, the con- junction of these two different regime dimensions in one political system is by no means inevitably contradictory . Instead, the search to reconcile and balance different, and in-parts countervailing demands and functional logics, pose an ongoing task for any federal democ- racy . Depending on patterns of coping with the tensions between them, indeed the inter- connections and interaction between federalism and parliamentary democracy can prove to be productive and to facilitate modes of democratic governance .

Parliamentary Democracy: Mechanisms, Challenges, and the Quest for Effective Governance

Parliamentary democracy is a governance system where the executive branch derives legitimacy from and is accountable to the legislative branch. This system is characterized by the presence of a parliament that represents the will of the people and holds significant decision-making power. In this system, the Mechanisms include the election process, separation of powers, cabinet system, and parliamentary representation. In the Parliamentary form of government, Challenges encompass political instability, coalition politics, party polarization, and the risk of executive dominance and corruption. The quest for effective governance involves inclusive decision-making, strengthening institutions, electoral reforms, transparency, accountability, civic education, and adaptability to change. Navigating these dynamics is crucial for sustaining a parliamentary democracy that is responsive, accountable, and capable of meeting the diverse needs of its citizenry.

Principle of separation of powers between the legislature and judicially

The separation of powers is a fundamental principle in modern democracies that serves to limit power and protect citizens' freedoms. In this context, the division of state power between the legislature and the judiciary is of particular importance. The question of the effectiveness of this principle and its impact on governance is of continuing interest to political science. This research aims to examine the effectiveness of the separation of powers between the legislature and the judiciary in limiting power and protecting citizens' rights. The central question is: To what extent does the division of state power between these two bodies contribute to safeguarding democracy and protecting individual freedoms? The research methodology involves a comprehensive analysis of literature sources, including theoretical works on the separation of powers and political philosophy. Case studies from different countries are also used to examine the practical application of this principle. Quantitative analyses of data on democracy and civil rights complement the qualitative research. The research shows that the separation of powers between the legislature and the judiciary does indeed help to limit power and protect citizens' rights. The independence of the judiciary is crucial to upholding the rule of law, and the parliamentary system promotes political representation. In countries with an effective separation of powers, democracy and freedoms tend to be better protected. The findings of this research highlight the importance of the separation of powers between the legislature and the judiciary as a fundamental principle of democratic governance. The clear separation of duties and the independence of these two bodies help to prevent abuse of power and protect citizens' rights. This becomes particularly evident when looking at countries where this principle is effectively implemented.

대통령 거부권의 헌법적 한계

The presidential veto power to demand reconsideration of a law passed by the National Assembly may be subject to constitutional limits. If such limits exist, debates may arise over their existence, the grounds on which they are based, and the specific nature of these limits. Considering the constitutional position of the president and the form of government, the presidential veto power is constrained by constitutional limits.
 Under the current constitution, the president is a part of the executive branch domestically, adopting a mixed form of government that is primarily presidential but incorporates elements of a parliamentary system. The democratic legitimacy granted to the president as an executive is theoretically equivalent to the democratic legitimacy granted to the legislature, which holds the fundamental legislative power. Even if the president is recognized to have the veto power as a participatory right in the legislative process, such authority cannot infringe upon or exclude the National Assembly’s legislative decision-making power.
 From the perspective of the principle of separation of powers, if the president were granted an unlimited veto power, it could potentially infringe on the judicial power of the Constitutional Court by conferring an abstract normative control authority. The exercise of the president’s veto power should be limited to bills that are clearly unconstitutional, incur substantial costs endangering the soundness of national finances, or are related to the president or his/her family. Beyond constitutional limits, if the presidential veto power is exercised, constitutional sanctions may be necessary through adjudication of power dispute or impeachment trials.

The European Parliament Against the Background of the Rule of Law and the Standards of a Parliamentary System: Selected Issues

The aim of this study is to show the legal status and mechanism of action of the European Parliament against the background of classical standards of the rule of law in a democratic system. This study shows the extent of the deviation of the European Parliament from these standards and highlights its special features by using historical-, theoretical-, and dogmatic-legal methods. This helps to understand what parliamentarism is built into the present concept of the rule of law, and what distinguishes it from the classically understood assumptions of a parliamentary system. Specifically, this study comprises three key issues: the nature of the subject that equips the Parliament with democratic legitimacy, the way it is situated in the mechanism of power or, finally, the extent to which it is bound by existing legal norms. This research perspective is, of course, limited in nature and deals with selected issues. The crux of the study makes the reader aware that at the level of the European Union a new type of parliament and, consequently, a new type of parliamentarism has developed, and the rule of law applicable here is clearly different from the analogous principle found in traditional states.

The Influence of the "Magna Carta" on British Constitution

The constitutions of most countries in the world are established by specific institutions at particular historical moments after bourgeois revolutions or reforms, and therefore usually take the form of complete written codices. However, the British constitution is different, having been gradually formed over several centuries through continuous amendments and accumulation. This paper, based on previous literature and charter ordinances, delves into the influence of the "Magna Carta" on the British constitution, covering aspects such as limiting the power of the monarchy, the supremacy of law, human rights protection, and the parliamentary system. As an important milestone in history, the "Magna Carta" has made significant contributions to the shaping and evolution of the British constitutional system, defining the basic features of the British political system.

POLITICAL OPPOSITION IN ARMENIA: CHALLENGES AND PROSPECTS FOR DEVELOPMENT / ԸՆԴԴԻՄՈՒԹՅԱՆՆ ՈՒՂՂՎԱԾ ՄԱՐՏԱՀՐԱՎԵՐՆԵՐԸ ԵՎ ԶԱՐԳԱՑՄԱՆ ՀԵՌԱՆԿԱՐՆԵՐԸ ՀՀ-ՈՒՄ

Political opposition plays a key role in the formation and development of a democratic political system. It so happened that the activities of the political opposition in Armenia are constantly assessed as failed especially over the past five years, especially in the last five years, the existence of constructive opposition, and therefore the existence of a constructive opposition, as well as its proposals for a clear and alternative policy have become more relevant. In such a situation, the freedom of speech for all groups of society, the right to freely express their own interests and views on key issues of social development, becomes urgent. Consequently, the imperative of our times is to amend Article 95 of the RA Election Code, which states the distribution of mandates using D'Hondt method. The aim of the proposed change is to eliminate the concept of an absolute majority, which in the countries with a parliamentary system of governance devalues the main principle of the functioning of such a system, namely the parliamentary consensus. The main goal of the presented article is to identify the characteristics of models of interaction between the authorities and the opposition and their manifestations in Armenia, for which the following objectives were set: • identify the place and role of the opposition in the political system of society, • present the patterns of opposition activity within the framework of a multi-party system in Armenia. The study is based on several methodological approaches, in particular structural, functional and comparative methods.

History of Parliamentary System of Government in Pakistan 1947 to 2002

The British Parliamentary System in India has straightforwardly added to the development of parliament in Pakistan. The regular authoritative bodies picked the individuals from the Constituent Assembly. It might be said that the historical backdrop of a democratic organization in Pakistan is a background marked by overturning ubiquity based establishments and a past filled with making new assumptions with every misfortune. Pakistan keeps on making progress toward accomplishing an irrefutable and solid structure in view of well-known request. Vote based change to democratization included a verifiable cycle. This paper's system was subjective in nature. All through most of the parliamentary structure, obviously organization in administrative issues was continuously being deterred. With the heaviness of Martial Law, the administrative framework was at last unhindered. When contrasted with parliamentary, the authority structure has reliably outperformed it in Pakistan's situation on the grounds that to its more evolved economy. To evaluate the History of Parliamentary System of Government in Pakistan from 1947 to 2002. The fundamental motivation behind this paper is to incorporate the historical backdrop of parliamentary arrangement of Pakistan from its introduction to the world to year 2002. Also, in addition which job the parliament has played in the majority rule government of Pakistan in this time span. This paper likewise centers around the progressions in the financial dependability of Pakistan because of Parliamentary vote based system. This study draws together writing on the total history of the parliament and the parliamentary vote based system alongside its impact on the financial security of the Pakistan. The information was assembled from the information tanks, sites and the exploration work of early individuals. A certain solicitation in such a situation can notice plans in the improvement of political events and choose if these models have a typical subject of all time. The fundamental and assistant sources were used for getting information and social event data to complete the investigation and show up at the last revelations and recommendations.

Parliamentary Immunity in the Kingdom of Croatia and Slavonia in the Second Half of the 19th Century and Its European Models

The paper discusses the development of the English model of parliamentary immunity, which was limited to non-accountability immunity, and the French model. During the revolutionary events in France at the end of the 18th century, the French model established a two-tier system that included both non-accountability and inviolability immunities. With the development of parliamentary systems during the second half of the 19th century, the French model was adopted throughout continental Europe, including Austria, Hungary, and the Kingdom of Croatia and Slavonia. This paper focuses on the Law on the Inviolability and Non-Accountability of the Parliamentary Members, issued for the Croatian Parliament on May 16, 1867, and its application, especially during the early years of the administration of Ban Khuen-Héderváry.

ԱԶԳԱՅԻՆ ԺՈՂՈՎԻ ՔՆՆԻՉ ՀԱՆՁՆԱԺՈՂՈՎՆԵՐԻ ՍՏԵՂԾՄԱՆ ԵՎ ԳՈՐԾՈՒՆԵՈՒԹՅԱՆ ԿԱԶՄԱԿԵՐՊՄԱՆ ԽՆԴԻՐՆԵՐԻ ՄԱՍԻՆ/

The Issues related to the formation of the inquiry committees in the National Assembly of the Republic of Armenia. The work is aimed at studying the experience of local and foreign countries regarding the creation of the inquiry committees and their legal status. The creation of an inquiry commission with the requirement of a quarter of the total number of deputies is theoretically and practically problematic and may limit the use of this control tool by the parliamentary minority. Therefore, it was suggested to revise these regulations. The application of the principle of popular legitimation in the basis of the formation of inquiry committees is considered inappropriate, because in parliamentary system of government, the committee mainly exercises control over the government formed by the majority. In the case of proportional formation of parliamentary forces, the control is of a formal nature and the minority both in the parliament and in the commission is not able to exercise effective conrol. The inquiry committee should have independence from the parliamentary majority, so it was suggested to review the proportional formation of the committee.

The Cultural Role of Civil Societies and the National Parliament in the Domestic Enforcement of International Laws on Corruption in Tanzania

Social structures composed of active and responsible actors can be essential in curbing corruption. However, studies focusing on culture and corruption, especially in Africa, are scant. This article has focused on the role of culture in influencing anti-corruption efforts and enforcing international law on corruption in Tanzania. Using ethnography, the paper responds to two questions: What is the cultural role of civil societies and the media in influencing the domestic enforcement of international law? Furthermore, what is the cultural role of the Tanzanian legislature in influencing the domestic enforcement of international law? A cultural study can only be conducted after some time. It calls for a longitudinal study that considers a local context. In this regard, a case study research design has been used. The technique can explore issues over a long period and examine context-specific issues. Overall, the study's findings highlight the development of a unique culture among civil societies, which prompts the Parliament to create and formalize anti-corruption measures. The paper adds to international law, corruption, and culture scholarship

Parliament and Revolution: Poland, Finland, and the End of Empire in the Early Twentieth Century

AbstractThis article explores the political trajectories of the early twentieth-century Grand Duchy of Finland and the Kingdom of Poland in the context of the “global parliamentary moment,” when the constitutional script of revolution competed with the more daring script of social revolution. We scrutinize contrastive political choices of socialist parties in these two western borderlands of the Russian Empire. Finland and Poland emerged as independent parliamentary states in 1917–1918 but under manifestly different circumstances. The Finnish socialist party had enjoyed a stable foothold in the formally democratic but practically impotent national parliament since 1907, whereas the Polish socialists boycotted the Russian Duma and envisioned a democratic legislature as a guaranty of a Poland with true people’s power. The Finnish socialists later abandoned parliamentarism in favor of an armed revolution, in 1918, whereas most of their Polish counterparts used the parliamentary ideal of popular sovereignty to restrain the revolutionary upsurge. We argue that the socialist understandings of parliamentarism and revolution were of crucial importance at this juncture. We draw from a broad corpora of political press reports, handwritten newspapers, and leaflets to show how the diachronic sequence of events and synchronic power relations inside the Russian Empire made certain stances toward parliamentarism and revolution more likely at different points in time.

Justice, Mining, and Legal Reforms in the Finnish Arctic

This paper assesses the extent to which the justice concerns of local stakeholders in the Arctic region of Finland are reflected in recent legal reforms. The reforms concern the Mining Act, the Act on a Mined Minerals Tax, the Nature Conservation Act, the Environmental Damages Fund, and the Act on the Sámi Parliament. The assessment is made from the perspectives of distributive, procedural, recognition, and intergenerational justice. We identified the justice concerns by conducting 21 interviews and a workshop, after which we analysed the legal reforms and discussed whether they reflected the justice concerns expressed by local stakeholders. We concluded that most of the justice concerns had been addressed, but only to a certain extent. Still, the most fundamental features of the governance of mining activities have not changed. By its very nature, the Finnish system of mineral ownership has remained a claim system, albeit not an entirely pure one. The reforms were not designed to limit the total volume of mining activities, and the mineral industry, backed by the EU and national policies, is likely to grow in the region. The most important legal change concerns the position of the municipal council. Today, a local land use plan is a precondition for granting a mining permit. The national Parliament did not approve a government proposal to reform the Sámi Parliament Act, which was a significant failure in recognition justice.

Instytucja Prezydenta w systemie politycznym Republiki Serbii

The institution of the President of the Republic of Serbia was established under the 2006 constitution. Previous experience of the country was limited in terms of the structure of the executive power. In 1953, the office of President of Yugoslavia was introduced in the former Yugoslavia. From 1971, the function of the head of state was performed by the collective Presidium of the Socialist Federal Republic of Yugoslavia (SFRY), consisting of representatives of individual republics and autonomous districts (i.e. Vojvodina and Kosovo). The presidium was headed by Tito, who was president for life. After his death in 1980, the function of the chairman of the Presidium was held by representatives of the republic on a rotating basis. The office of the President of the Republic of Serbia was introduced by the Basic Law of 1990 (still within the framework of the functioning of the Yugoslav federation). The provisions of the Constitution define the powers of the head of state, which are characteristic of parliamentary systems. The current president is also the president of a political party, which means that his prerogatives go far beyond the provisions provided for in the constitution.

Ministerial Mandate Letters and Co-ordination in the Canadian Executive

AbstractPrime ministers in parliamentary systems confront a challenging agency problem in leading cabinets toward cross-government priorities: ministers tend to prioritize departmental interests and may lack incentives and/or information enabling co-ordinated effort. In Canada, a novel mechanism for both increasing incentives and information provision has been developed in recent decades: the mandate letter. These letters are issued by Canadian prime ministers to their ministers, reinforcing government priorities, each minister's responsibilities, and specific policy expectations. This article examines mandate letters as mechanisms inducing interministerial policy co-ordination, focusing on the 2015–2021 period, under Justin Trudeau, as the first Canadian prime minister to release these letters publicly. Using topic modelling and social network analysis, I find that Trudeau has increasingly sought to strengthen ministerial co-ordination and ministers’ focus on crosscutting policy priorities. This case study contributes to our understanding of intraexecutive co-ordination and the agency problem in cabinet government.

A Comparative Analysis of Government Systems (Parliamentary System–Presidential System)

A Comparative Analysis of Government Systems (Parliamentary System–Presidential System)