Comparative Constitutional Law
Explore and compare parliamentary, presidential, and semi-presidential systems in the U.S., Germany, UK, France, and the Netherlands. Understand legislative processes, key provisions, and the role of the president, parliament, and other stakeholders in lawmaking.
Comparative Constitutional Law
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Presentation Transcript
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
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’
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
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
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)
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)
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
