Dimension: 1.7.1 Election and dismissal of the executive

This dimension concerns three key parliamentary powers relating to the election and dismissal of the executive, namely:

• to elect a Head of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used.
• to hold a vote of confidence in the executive
• to censure or impeach a Head of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used. and/or ministers.

Various political systems provide for different mandates for parliaments with regard to these powers. The mandate of parliament is typically defined in the constitution and further developed in laws and in parliament’s rules of procedure.

In some countries, parliament may play a direct role in electing the Heads of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used. , while in others parliament has a limited or no role in the process. The meaning of “vote of confidence in the executive” also varies across political systems, for the purposes of this dimension, it refers to parliament’s power to withdraw confidence if it considers that the executive as a whole, or some of its members, are failing to carry out their duties.

In parliamentary systems, the executive’s tenure usually depends on the continued support of parliament, which therefore has the power to bring down the executive by a vote of no confidence where necessary. In such systems, there should be clear criteria and rules on the nomination of candidates for Head of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used. and members of cabinet, proceedings for the debate of a proposed government programme and the composition of the cabinet, related deadlines, and the minimum quorum necessary for gaining parliamentary confidence in the executive.

In presidential systems, the directly elected Head of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used. is still accountable to citizens between elections. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. usually has the power to approve ministers and cabinet members individually, and there should be clear rules for the submission of candidates for approval, hearing procedures and a minimal quorum for final decision. Parliament Parliament A national body of elected (or sometimes appointed) representatives that makes laws, debates issues and holds the government to account. typically also has mechanisms to impeach the Head of State/ Government Government See: Executive. Note: In this publication, the terms “government” and “executive” are used interchangeably, and the traditional definition of the three branches of government (executive, legislative and judicial) is not used. and/or ministers for breaches of their constitutional duty or for unlawful conduct.

Regardless of the specifics of each country, it is important that parliamentary powers in these areas be clearly set out in the legal framework, and that procedures are clearly defined and consistently applied in practice.