Understanding Federalism, Executive, and Legislative Powers

Posted on Jan 27, 2025 in Economic Sciences

Federalism

Federalism is a system of government where a group of members are bound together by a covenant with a governing representative head. It involves a central authority; however, member states retain certain powers. This power distribution varies:

  • Low Central Power: Spain
  • Middle Central Power: US
  • Strong Central Power: Germany

Federalism rests on certain principles:

  1. The concern that the legislature may have too much power.
  2. The concern that the executive may have too much power.
  3. A Bill of Rights should be coupled with the Constitution to prevent a dictatorship.

Constitutional Amendment

Some federal constitutions stipulate that certain constitutional amendments cannot occur without the unanimous consent of all states.

Executive Power

Difference Between Head of State and Head of Government

  • Head of State: The King or President of a Republic (responsible for international representation, continuity, and national unity).
  • Head of Government: Premier, Prime Minister, Presidente del Gobierno, etc. (holds the most politically powerful executive office).

Parliamentary Investiture

In cabinet formations, parliamentary investiture is the act by which public power is conferred on a person.

Different formations exist:

  • Parliament first, then the Head of State (Spain, Germany).
  • Head of State first (UK, Netherlands): The King appoints a new Prime Minister who remains in office as long as Parliament does not reject them.

Role of the Head of State During Cabinet Formation

In some countries, the role of the Head of State during cabinet formation may be considerable.

Immunity of the Head of State

  • They do not depend on continued parliamentary confidence to stay in office.
  • Signature of laws.
  • They are separated from Parliament.
  • Removal: In republics, a super-majority in Parliament is required. In kingdoms, removal is typically due to health reasons or abdication.

Dissolution of Parliament

  • Usually, parliaments serve for 4-5 years, but they may be dissolved earlier.
  • The Head of State typically has the symbolic power to dissolve Parliament, but usually, it is the Prime Minister who initiates the process.
  • In presidential systems, the President cannot dissolve Parliament, and Parliament cannot oust the President (except through impeachment).

Legislative Power

Introduction

  • Citizens do not make all decisions; individuals or institutions make decisions on their behalf.
  • Parliament is the central assembly elected by the people.
  • Parliament has two main functions: legislation and control.
  • Role of minorities.
  • Party discipline.

Principles of Elections

Election systems are only meaningful if certain fundamental principles are observed:

  • Generality: All eligible citizens can vote.
  • Directness: Citizens vote directly for their representatives.
  • Freedom: Citizens can vote freely without coercion.
  • Equality: One person, one vote.
  • Secrecy: Votes are cast in secret.

Election Systems

  • Majoritarian Systems: A seat is awarded to the candidate who obtains a majority of votes.
  • Proportional Representation: Seats are allocated proportionally based on the percentage of votes received by each party (e.g., the Spanish voting system in general elections).

Bicameralism

  • Lower Chamber: The more democratically elected chamber, typically more politically important and powerful (e.g., Congreso in Spain).
  • Upper Chamber: Complements the lower chamber (e.g., Senado in Spain).

The Legislative Process

  • Powers of Parliament: Right to initiative, right to amendment, and right to veto.
  • Parliamentary Votes:
    • Quorum: The minimum number of members required to hold a vote.
    • Simple Majority: More “yes” votes than “no” votes.
    • Absolute Majority: More than half of the total members voting “yes”.
    • Qualified Majority: A super-majority, requiring a higher threshold than a simple majority.
  • Differences Among Bicameral Systems:
    • Perfect Bicameralism: Both chambers are co-equal.
    • Imperfect Bicameralism: The upper chamber has some restrictions.

The Government and the Head of State

  • The Role of the Head of State: They may participate in the legislative process.
  • Veto Power: The King typically cannot veto legislation, while the President in some republics may have veto power.
  • Parliamentary Initiative: The government usually takes an active role in the legislative process.