Presidential vs Parliamentary Systems

1. Presidential vs Parliamentary Systems

2. “The institutional characteristics shape the whole political process and the way of ruling” (Linz 1994: 18). • How the government operates? Presidential Parliamentary

3. Basic Rules • Presidents are always heads of state when the office of the president exists in a country. • Presidents is the head of government in strong presidentialism. • When presidents are not heads of government, then there exists a prime minister. • If there is no president when there is a prime minister, then there is usually a king or queen. • If there is both a president and a prime minister, then we face either weak presidentialism or cohabitation in the form of power-sharing or a power struggle between the two offices.

4. Presidentialism • Focuses in particular on the relationship between the executive and the legislature. • In presidential systems, the head of state – the president – wields real power, and does not only possess a symbolic function.

5. In presidential systems an executive with considerable constitutional powers— generally including full control of the composition of the cabinet and administration— is directly elected by the people for a fixed term and is independent of parliamentary votes of confidence.

6. Parliamentaryregime • The only democratically legitimate institution is parliament. • The government’s authority is completely dependent upon parliamentary confidence.

7. Difference between Presidential and Parliamentary Systems • A presidential regime has more separation of power than a parliamentary regime; because: • in pure parliamentary regimes, the executive is selected by the legislature • and the executive’s term of office is dependent on legislative confidence. • In a pure presidentialism, in contrast, the legislature and the executive are directly elected for fixed terms and those two branches do not depend on each other forvote of confidence.

8. In pure parliamentary systems, the prime minister formulates the policy agenda together with the cabinet, whereas in pure presidential system, the cabinet has merely an advisory function

9. Whilepure presidentialism brings stability and predictability, pure parliamentary systems offer flexibility. • Fixed term of office • Early elections? • Impeachment • Vote of no confidence • Dissolution of the legislature • Short-lived?

10. In presidential systems, since the president and the legislature are elected separately, both of the branches are held accountable by voters. The presidentwill also not depend on legislative confidence. Such an arrangement will not create any incentives for the legislators to support the executive and will lead to gridlock. The president’s direct election, however, makes it easier for voters to evaluate the performance of the president. In parliamentary systems, by contrast, the executive can be removed by vote of no confidence.

11. The extent of presidential powers will create authoritarian tendencies within the system. Underparliamentary systems if the executive’s partyholds the majority of the parliamentary seats, one will expect such a system to exhibit quasi-majoritarian features. In contrast, by guaranteeing the independence of the assembly, presidentialism increases the power of the opposition.

12. Examples for Presidential Systems • Brazilian Presidential system: • According to its 1988 Constitution: • The president may: (a) appoint and dismiss ministers; (b) initiate and approve legislation; (c) veto bills wholly or partially; (d) decree a state of defence or a state of siege; (e) decree and enforce federal intervention; (f) grant pardons and commute sentences; (g) exercise supreme command over the armed forces; and (h) appoint, after approval of the federal senate, the ministers of the supreme federal tribunal.

13. The US Example • The President is elected by voters. • The Congress was to be divided into a House of Representatives, which represented the people in proportion to population, and a Senate, which gave equal representation to the states. • The judicial power was to be vested in a Supreme Court.

14. No member of the legislature is allowed to be a member of the executive branch (with the exception of the Vice-President).

16. Checks on the Congress • It is weakened by dividing its own powers between two branches (bicameralism).

17. Checks on the President • Congress is responsible for monitoring executive appointments and holding formal investigations into the executive branch; as a last resort, it has the authority to impeach executive officers.

18. Checks on the Judiciary • Senate approves federal judges. • Congress can impeach judges. • Congress can nullify a court’s interpretation of a statute simply by passing a new law. • Congress can react to a court’s constitutional interpretation by introducing a constitutional amendment.

19. Example for Parliamentary Systems • Estonia, the 1992 Constitution: • Art 86: Executive power shall rest with the Government of the Republic. • Art 93: The Prime Minister shall represent the Government of the Republic and shall direct its work.

20. Example for a Semi-Presidential System • Portugal: • The president appoints and dismisses the ministers, including the PM. He/she may dissolve the National Assembly, call a referendum, declare a state of emergency, give pardons, act as supreme commander of the armed forces, exercise leadership over the administration at both national and regional levels, including appointing diplomats. • However, the president has only suspensive veto against bills, and several of his/her decisions must be countersigned by the ministers or ratified by the National Assembly. The president is not part of the government, whose leader, the PM, must be acceptable to the National Assembly.