About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 E. Eur. Const. Rev. 33 (1993)
Parliamentarism Rationalized

handle is hein.journals/eeurcr2 and id is 33 raw text is: WiN'm 1993 Why classical Western models of rule by assembly fail to meet the needs of the emerging democracies. PARLIAMENTARISM RATIONALIZED By Evgeni Tanchev Parliamentary government has been one of the most con- sistent common denominators in the recent peaceful tran- sitions from totalitarianism to democracy in Eastern Eu- rope. The vast majority of political movements have turned to parliamentarism as a way of ensuring govern- mental legitimacy and the primary method for resolving conflicts in the overpoliticized post-totalitarian societies. Parliamentarism is the matrix that has shaped the pattern of government in the constitutions of Europe after the collapse of Communism. Despite the vast differences in history, culture and tradition among the new Central and Eastern European democracies, one generalization can be made: much of the new constitutional order in each of these countries is reactive to the structure and practice of Communist gov- ernment. But the new constitutions do not fit the mold of classical parliamentarism, nor do they fully revive the old national models that had been established before the Com- munist takeovers. Instead the new democratic constitu- tions embody variants of a rationalized parliamentarism adapted to foster political stability in a time of transition, as post-Communist societies move toward full-fledged democracies. Rationalized parliamentarism is a set of constitutional devices and procedures aimed at promoting the stability of cabinets while retaining the core features of the parlia- mentary system, including legislative oversight of gov- ernment policy. In postwar Western constitutionalism these devices have been contrived to reduce the potential for crisis that tends to develop under the classic parlia- mentary system. Political crises of this type were com- monplace after the First World War, often causing gov- ernment paralysis or contributing to the legal ascendancy of fascism. Avoiding such crises has been a vital objective of the post-Communist constitution-makers. Features of rationalized parliamentarism in Central and East European constitutionalism can be seen in the system of the cabinet responsibility, in the procedure of cabinet formation (investiture) and in efforts to avoid the spontaneous dissolution of parliament. A cabinet's collective political responsibility, exercised through a parliamentary vote of no confidence, is the very essence of the parliamentary system of government. To avoid frequent cabinet and parliamentary crises, sub- stantial changes in parliamentary procedure have been introduced, first in postwar West European constitution- alism and now in the constitutions of the emerging de- mocracies of Central and Eastern Europe. Under the classical parliamentary system an interpellation or rejec- tion of a major piece of proposed legislation by the cabi- net automatically calls into question the continued legiti- macy of the government. The contemporary Eastern European model attempts to break the link between a cabinet miscalculation of parliamentary support and con- fidence in the government as a whole. By increasing the number of MPs required to raise a motion of censure, constitution-makers in Central and Eastern Europe have attempted to make governments more stable and less subject to the inevitable conflicts that arise over particular pieces of legislation or as an inciden- tal outcome of parliamentary debate on an interpellation. They were well aware that proportional representation and fragmented party systems would hinder united par- liamentary action. Most of the new constitutions provide that a motion of censure cannot be initiated without the support of one-fifth of the MPs, and some of them raise

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most