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The Nature of the Executive

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The Nature of the Executive SYSTEM OF GOVERNANCE • Parliamentary Executive • Non Parliamentary Executive SYSTEM OF GOVERNANCE •Parlementary •Presidensial •Hybrid System •Colegial PARLEMENTARY (a) Distinction and separation between head of state and head of government. (b) Parliament hold the executive and legislative power. Executive part of parliament and responsible to parliament. (c) Parliament has the power to dissolve cabinet. (d) Head of state has the power to dissolve parliament. (e) No fix term of office. BANGLADES THE PRIME MINISTER AND THE CABINET 55. The Cabinet. (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Minister as the Prime Minister may from time to time designate. (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister. (3) The Cabinet shall be collectively responsible to Parliament. (4) All executive actions of the Government shall be expressed to be taken in the name of the President. (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested of authenticated, and the validity or any order of instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. (6) The President shall make rules for the allocation and transaction of the business of the Government. PRESIDENSIAL (a) Head of state and head of governance hold in one hand of officer. (b) Executive do not responsible to the parliament, but to the voters. (c) The executive do not have power to dissolve parliament, vis versa. (d) Cabinet responsible to the head of executive/state. (e) Fix term of office. PHILIPINES ARTICLE VII Executive Department SEC 1. The executive power shall be vested in the President of the Philippines. SEC. 17. The President shall control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. Hybrid System • President as head of state and elected by the people. • Head of Governance is held by Prime Minister as chief of cabinet that responsible to the parliament. • Cabinet is responsible both to the President and Parliament. • In the certain time President hold the head of government posssition. PERANCIS Title II The President of the Republic Article 5 [Presidential Office] (1) The President of the Republic shall see that the Constitution is observed. He shall ensure, by his arbitration, both the proper functioning of the governmental authorities and the continuity of the State. (2) He shall be the guarantor of national independence, the integrity of the territory and observance of Community agreements, and of treaties. Article 6 [Term of Presidency] The President of the Republic shall be elected for seven years by direct universal suffrage. The procedures implementing this Article shall be laid down in an organic act. Article 8 [Prime Minister] (1) The President of the Republic shall appoint the Prime Minister. He shall terminate that appointment when the latter tenders the resignation of the Government. (2) On the proposal of the Prime Minister, he shall appoint the other members of the Government and terminate their appointments. Article 9 [Council of Ministers] The President of the Republic shall preside over the Council of Ministers. Article 13 [Powers of President and Council of Ministers] (1) The President of the Republic shall sign the ordinances and orders decided upon in the Council of Ministers. (2) He shall make appointments to the civil and military posts of the State. (3) Conseillers d'Etat, the Grand Chancelier de la Legion d'Honneur, Ambassadors and envoys extraordinary, Conseillers Maitres of the Cour des Comptes, Prefects, Government representatives in the Overseas Territories, General Officers, Recteurs d'academies and Directors of central administrations shall be appointed by the Council of Ministers. (4) An organic act shall determine the other posts to be filled by decision of the Council of Ministers, together with the conditions under which the power of appointment of the President of the Republic may be delegated by him and exercised in his name. COLEGIAL SYSTEM (SWITZERLAND) Article 175 Composition and Election (1) The Federal Government shall consist of seven members. (2) The members of the Federal Government shall be elected by the Federal Parliament after each full renewal of the House of Representatives. (3) They are elected for a term of four years among all Swiss citizens eligible to the House of Representatives. (4) Consideration has to be given to the adequate representation of regions and languages. Article 176 Presidency (1) The President of the Federation shall chair the Federal Government. (2) The Federal Parliament shall elect, for a term of one year, one of the members of the Federal Government as President of the Federation, and another as Vice‐President of the Federal Government. (3) These mandates may not be renewed for the following year. The President of the Federation shall not be eligible to be Vice‐President for the following year. Article 177 Principle of Collective Authority and Division into Departments (1) The Federal Government shall take its decisions as a collective body. (2) For the preparation and implementation of the decisions, the matters of the Federal Government shall be distributed amongst its members according to Departments. (3) Matters shall be entrusted to Departments or administrative units subordinated to them to be settled directly; in such cases, the right of recourse to a remedy shall be guaranteed..
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