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149 J.L. Pol'y & Globalization 1 (2025)

handle is hein.journals/jawpglob149 and id is 1 raw text is: Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.149, 2025 iSTi Comparative Analysis of Executive Dualism Between Mali and China. Daouda Didi Yoro TRAORE*, Wang SHITAO School of Law, Dalian Maritime University, Linghai Road, Dalian / zip code: 116026. - China * E-mail: daocPn rare'O61- ibcon Abstract In some countries, the executive branch of government is headed by a single person. In many other countries worldwide, such as Mali and China, it is under the direction of two people. This is known as executive dualism. In rare cases, such as the Swiss Federal Council, the executive is entrusted to a group of people. This article comprehensively analyzes the dual executive system, examining its current practice in Mali and China, two countries with distinct Constitutional histories and political regimes. This comparative study provides an in-depth analysis of the institutional organization, practical challenges, and prospects of executive dualism in Mali and China. Going beyond a mere empirical and doctrinal comparative analysis of collaboration between the Head of State and the Head of Government, the influence of this collaboration on the functioning of public services is examined. This article also proposes solutions for harmonious functioning between these two executive branch leaders. These include ways of clarifying roles and powers to avoid overlap. The adoption of a constitutional protocol on the actual modalities of this collaboration. The establishment of an independent arbitration body in the event of a misunderstanding between a Prime Minister and a Head of State. Keywords: Constitution - Head of State - Executive Dualism - Prime Minister - Mali - China. DOI: 10.7176/JLPG/149-01 Publication date: July 28th 2025 1.0. Introduction Mali and China are both unitary states (*Mali is a French-speaking country, and the official language of China is Mandarin, so this article uses some French and Chinese references. The author himself translates all references to English or vice versa.). State affairs are administered by a decentralized central government, which is replicated at all administrative levels by local governments in China. In Mali, the State is administered through governors in the regions, prefects in the circles, and sub-prefects in the arrondissements. Mali operates under a Semi-presidential system, while China is a socialist country with a governance system characterized as socialism with Chinese characteristics (Jinping, X. 2022). In both countries, the executive branch manages the state's administrative affairs, while the parliament is responsible for passing laws. The National People's Congress (NPC) in China is placed above all other organs of power in the country, and all the state organs are subordinate to it (Article 57 of the Constitution of China). Therefore, the executive branch is constitutionally subordinate to the legislative branch. In Mali, the judicial, executive, and legislative branches of power are constitutionally placed at the same level. They operate according to a system of separation but also of reciprocal dependence. Although the analysis of relations between the organs of power is a relevant and fascinating field of study, it is excluded from the scope of this article. This analysis focuses solely on the executive branch, particularly the influence that the collaboration between a President and a Prime Minister can have on the administration. Both Mali and China operate a dual executive system. Indeed, the powers and roles concerning implementing laws, diplomacy, and administering state affairs are shared between two persons who lead the State's executive branch. The two, therefore, work closely together daily to make crucial decisions concerning the country. The Head of State of the People's Republic of China (PRC) holds primarily ceremonial powers, while the Premier leads the State Council in daily governance (Lawrence, S. V & Martin, M. F. 2013). Mali's President is not merely symbolic. He is politically and daily involved in managing the State's affairs. The daily management of the State in China is entrusted to the State Council. It operates under the democratic centralism principle, and the full responsibility of the Premier. In Mali, the Prime Minister may lead the government, but the President appoints him, and he is accountable to the President. In China, the NPC appoints the Premier on the nomination of the Head of State. Therefore, the Premier is responsible to the NPC. Since 1949, both have always belonged to the same political party. In Mali, they often come from different parties. 1

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