Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-gbm5v Total loading time: 0 Render date: 2024-12-29T19:28:00.816Z Has data issue: false hasContentIssue false

6 - Constitutional limits on separate origin and survival

Published online by Cambridge University Press:  05 June 2012

Matthew Soberg Shugart
Affiliation:
University of California, San Diego
John M. Carey
Affiliation:
University of California, San Diego
Get access

Summary

We turn now exclusively to regimes with single-person, separately elected presidencies. While separation of the origin and survival of the executive from the legislative branch was seen by the authors of The Federalist as imperative, the notion of checks and balances implied to them some overlap of functions, even to the extent that the Federalists did not see Senate “advice and consent” in the president's cabinet appointments as a violation of the principle of separate powers. Among presidential systems, however, this provision is rare: Complete separation of the origin of executive office from the assembly is the norm. There are many other regimes, such as the president-parliamentary systems, however, in which the principle of separate survival is obviated.

In this chapter, we shall consider three means by which separation of origin and survival has been limited in some systems:

  1. assembly involvement in the appointment of cabinet ministers,

  2. censure of cabinet ministers by the assembly, and

  3. dissolution of the assembly by the president.

The latter two attributes, in particular, can entail sharp deviations from the Madisonian ideal that each branch, secure in its independence, will without hesitation check the other in the lawmaking process. Yet it can be argued that the possibility of both censure and dissolution encourages cooperation between branches, as each anticipates the likely reaction of the other to its actions.

Type
Chapter
Information
Presidents and Assemblies
Constitutional Design and Electoral Dynamics
, pp. 106 - 130
Publisher: Cambridge University Press
Print publication year: 1992

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×