1991 Burkina Faso Constitution

5. (16 points) In this chapter, we discussed the rules for classifying democ- racies as parliamentary, presidential, or semi-presidential. Look at the information from the following constitutions and decide whether these democracies are parliamentary, presidential, or semi-presidential. Explain your decision.

(a) 1991 Burkina Faso Constitution

• Article 37: The President of Faso is elected for �ve years by universal, direct, equal and secret su�rage. He is re-eligible one time.

• Article 46: The President of Faso appoints the Prime Minister from among the majority of the National Assembly and terminates his func- tions, either on the presentation by him of his resignation, or on his own authority in the superior interest of the Nation. On the pro- posal of the Prime Minister, he appoints the other members of the Government and terminates their functions.

• Article 62: The Government is responsible before the Parliament in the conditions and following the procedures speci�ed by this Consti- tution.

• Article 114: The reciprocal relations of the National Assembly and of the Government are expressed equally by: the motion of censure; the question of con�dence; the dissolution of the National Assembly; the procedure of parliamentary discussion.

• Article 115: The National Assembly can present a motion of censure with regard to the Government. The motion of censure is signed by at least one-third of the Deputies of the Assembly. To be adopted, it must be voted by an absolute majority of the members composing the Assembly. In case of rejection of the motion of censure, its signatories may not present another before the time period of one year.

(b) 1937 Irish Constitution

i. Article 12: There shall be a President of Ireland (Uachtarán na hÉire- ann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law. The President shall be elected by direct vote of the people.

ii. Article 13: The President shall, on the nomination of the Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister. The president shall, on the nomination of the Taoiseach with the previous approval of Dáil Éireann, appoint the other members of the Government. The President shall, on the advice of the Taoiseach, accept the resignation or terminate the appointment of any member of the Government. Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach. The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann. . . The President shall not be answerable to either House of the Oireachtas or to any court for the exercise and performance of the powers and functions of his o�ce or for any act done or purporting to be done by him in the exercise and performance of these powers and functions.

iii. Article 15: The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas. The Oireachtas shall consist of the President and two Houses, viz.: a House of Representatives to be called Dáil Éireann and a Senate to be called Seanad Éireann.

iv. Article 28: The Government shall consist of not less than seven and not more than �fteen members who shall be appointed by the Pres- ident in accordance with the provisions of this Constitution. . . The Government shall be responsible to the Dáil Éireann. The head of the government, or Prime Minister, shall be called, and is in this Consti- tution referred to as, the Taoiseach.

(c) 1980 Chilean Constitution

• Article 4: Chile is a democratic republic. • Article 24: The government and administration of the State are vested in the President of the Republic, who is the Chief of the State.

• Article 25: The President of the Republic shall hold o�ce for a term of eight years and may not be reelected for the consecutive period.

• Article 26: The President shall be elected by direct ballot, with an absolute majority of the votes validly cast.

• Article 32: The special powers vested in the President of the Republic are the following: . . . To appoint, and remove at will, Ministers of

State, Undersecretaries, Intendants, Governors and Mayors appointed by him.

• Article 33: The Ministers of State are the direct and immediate col- laborators of the President of the Republic in governing and adminis- tering the State.

(d) 1947 Japanese Constitution

• Article 1: The Emperor shall be the symbol of the State and of the unit of the People, deriving his position from the will of the people with whom resides sovereign power.

• Article 4: The Emperor shall perform only such acts in matters of state as are provided in the Constitution, and he shall not have powers related to government.

• Article 6: The Emperor shall appoint the Prime Minister as desig- nated by the Diet.

• Article 41: The Diet shall be the highest organ of state power, and shall be the sole law-making organ of the State.

• Article 42: The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

• Article 65: Executive power shall be vested in the Cabinet. • Article 66: The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law. The Prime Minister and other Ministers of State must be civilians. The Cabinet, in the exercise of executive power, shall be collectively responsible to the Diet.

• Article 69: If the House of Representatives passes a non-con�dence resolution, or rejects a con�dence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten (10) days.

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