In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. A parliamentary system, also known as parliamentarianism (and parliamentarism in American English) is a System of government in which The semi-presidential system is a System of government in which a prime minister and a President are both active participants in the day-to-day administration For the government of parliamentary systems see Executive (government. Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the legislature, and most reserve powers are usable only in certain exceptional circumstances. A presidential system is a System of government where an executive branch exists and presides (hence the term separately from the Legislature A cabinet is a body of high-ranking members of Government, typically representing the executive branch. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation The reserve powers of the President of Ireland are called discretionary powers. The President of Ireland (Uachtarán na hÉireann n̪ˠə ˈheːɾʲən̪ˠ is the Head of state of Ireland.
Reserve powers should not be confused with reserved powers, a term used, 1) in the United States, in reference to the Tenth Amendment to the United States Constitution, under which all powers that are not delegated to the U. The United States of America —commonly referred to as the The Tenth Amendment ( Amendment X) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, S. government by the U.S. Constitution are "reserved to the states, or to the people"; 2) in Australia, in reference to the doctrine of constitutional interpretation, overturned in 1920 by the High Court's decision in the Engineers' Case, whereunder all powers not expressly granted to the federal government were interpreted as being reserved to the States; and, 3) in the United Kingdom, to denote powers not devolved to the parliament and assemblies of the Home Nations. The Constitution of the United States of America is the supreme Law of the United States. Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (commonly known as the Engineers' Case) was a landmark Australian court case decided in The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located "Home nation" (common noun redirects here home nation is also used to refer to the host country of Multi-sport events (eg
The President of the United States does have what might otherwise be termed "reserve powers", in that he may exercise certain powers without consulting the Congress or the Judiciary - but the term "reserve powers" generally is not used. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Instead, there are various terms, each of which expresses the nature of the power—such as "recess appointment power" (when the President makes appointments during a Congressional recess) and "executive prerogative" (as when the President creates a national landmark or pardons an individual convicted of a crime). All powers exercised by the U. S. President, whatever they may be labeled, must (in theory) source to some provision of the U. S. Constitution.
Heads of state in countries with either an uncodified and partly unwritten constitution (such as the United Kingdom) or a wholly written constitution that consists of a text augmented by additional conventions, traditions, Letters Patent, etc. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right (such as the Commonwealth of Australia) generally have reserve powers. For a topic outline on this subject see List of basic Australia topics.
Typically these powers are:
There are usually strict constitutional conventions concerning when these powers may be used, and these conventions are enforced by public pressure. Using these powers in contravention of tradition would generally provoke a constitutional crisis. A constitutional crisis is a severe breakdown in the orderly operation of Government.
Some political scientists believe that reserve powers are a good thing in that they allow for a government to handle an unforeseen crisis and that the use of convention to limit the use of reserve powers allows for more gradual and subtle constitutional evolution than is possible through formal amendment of a written constitution. Others believe that reserve powers are vestigial and potentially dangerous parts of a constitution.
Reserve powers often originate in situations in which the head of state begins with vast discretionary powers which over time become more difficult to execute in practice without provoking a constitutional crisis. As a society becomes more democratic, conventions and limitations on the power of the head of state become increasingly established and constitutional evolution occurs by establishing conventions rather than by formal amendment of the constitution. As a result, reserve powers often exist in the context of constitutional monarchies.
Within the Commonwealth realms (or dominions) until the 1920s, most reserve powers were exercised by a governor-general, on the advice of the British government, normally in the form of written instructions issued to him or her when they took office. A Commonwealth realm is any one of 16 sovereign states within the Commonwealth of Nations that each have Elizabeth II as their respective Monarch The term governor general or governor-general refers to a vice-regal representative of a Monarch in an independent realm or a major colonial circonscription Her Majesty's Government, or when the monarch is male His Majesty's Government, is the title used by the Government of the United Kingdom, based at After a 1926 Imperial Conference decision, however, the governors-general were no longer advised by the British government, but rather, by that of each individual state.
For example, the first Governor-General of the Irish Free State, Tim Healy was instructed by the British Dominions Office in 1922 to withhold the Royal Assent on any Bill passed by the two houses of Oireachtas Éireann (the Irish parliament) that attempted to change or abolish the Oath of Allegiance. The Governor-General (Seanascal was the representative of the King in the 1922&ndash1937 Irish Free State. Timothy Michael Healy, KC (17 May 1855 &ndash 26 March 1931 was an Irish nationalist politician journalist author barrister and one of the most The Oireachtas (ɛrʲaxt̪ˠasˠ is the "national parliament" or Legislature of Ireland, sometimes referred to as Oireachtas Éireann. The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921 which Irish TDs (members of the Irish parliament and Senators were required However no such Bill was introduced during Healy's period in office (1922-1928). By the time the Oath was abolished, some years later, the Irish Governor-General was formally advised exclusively by the Irish government.
In the UK, the Queen [King] has numerous theoretical personal prerogatives. In practice however, with the exception of the appointment of a prime minister there are few circumstances in modern British government where these could be justifiably exercised; they have rarely been exercised in the last century. The monarch's personal prerogatives are:
These powers could be exercised in an emergency such as a constitutional crisis (such as surrounded the People's Budget of 1909), or in wartime. The 1909 (UK People's Budget was a product of Herbert Asquith 's Liberal government that introduced many unprecedented taxes on the wealthy and radical social welfare programmes They would also be very relevant during a hung parliament. In Parliamentary systems a hung parliament is one in which no one Political party has an outright majority and means it is most commonly equally balanced
For example, in the most recent hung parliament in 1974, the serving Prime Minister Edward Heath attempted to remain in power but was unable to form a working majority. Sir Edward Richard George Heath, KG, MBE (9 July 1916 &ndash 17 July 2005 often known as Ted Heath, was Prime Minister of the United Kingdom Working majority describes a Parliamentary majority large enough to govern effectively without the danger of losing a Vote of no confidence The Queen then asked Harold Wilson, leader of the Labour Party, which had the largest number of seats in the Commons but not a majority, to attempt to form a government. James Harold Wilson Baron Wilson of Rievaulx, KG, OBE, FRS, PC (11 March 1916 &ndash 24 May 1995 was one of the most prominent British politicians Subsequently Wilson asked that if the government were defeated on the floor of the House of Commons, the Queen would grant a dissolution which she agreed to. 
The Queen's personal prerogatives can be quite distinct from those of her Governors-General, who are with exercising her functions and powers on her behalf in a particular Commonwealth realm. The term governor general or governor-general refers to a vice-regal representative of a Monarch in an independent realm or a major colonial circonscription A Commonwealth realm is any one of 16 sovereign states within the Commonwealth of Nations that each have Elizabeth II as their respective Monarch The powers of the Governor-General almost invariably derive from a written constitution, so it is not correct to speak of a Governor-General exercising the Royal prerogative. The Royal Prerogative is a body of customary authority privilege and immunity recognised in Common law and sometimes in Civil law jurisdictions possessing a monarchy
In 1953, prior to Queen Elizabeth II's first royal visit (also the first visit to Australia by its reigning monarch), it was planned for her to take part in various formal processes of her Australian government. Year 1953 ( MCMLIII) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. TalkCommonewalth realm.-->The monarchy However, the government's legal advisors discovered that the Constitution of Australia vested all of the Queen's statutory powers in the office of her Governor-General, with the exception of the power to appoint the Governor-General himself. The Constitution of Australia is the law under which the Australian Commonwealth Government operates The Royal Powers Act 1953 was passed in order to address this anomaly, and enabled the Queen, when she was personally present in Australia, to exercise any power defined in an Act of the Australian parliament that is exercisable by her Governor-General. 
While the reserve power to dismiss a government has not been used in the United Kingdom since 1834, this power has been exercised more recently in Australia, on two occasions:
In both cases an election was held very soon afterwards and, again in both cases, the dismissed government was massively defeated by popular vote. An election is a Decision-making process by which a population chooses an individual to hold formal office
In Belgium a constitutional provision explicitly states that no act of the Monarch is valid without the signature of (a) member(s) of the government, which thereby becomes solely responsible, hence excluding any reserve power for the crown. In legal terminology, a competence vested in 'the King' thus very often means the government, as opposed to formal laws which require a (sometimes qualified) parliamentary majority.
Constitutional precedence has even established the unwritten but binding rule that the Monarch must give assent to any parliamentary decision, regardless of any other considerations (which can only be advanced in private audience with government members, not imposed), as soon as the government presents it for royal signature and thus assumes full political responsibility.
In 1990, when a law liberalizing Belgium's abortion laws was approved by parliament, King Baudouin refused to give his Royal Assent, only the second time in Belgium's history the monarch elected to do so. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those An Baudouin I (Baudouin Albert Charles Léopold Axel Marie Gustave or Dutch: Boudewijn Albert Karel Leopold Axel Marie Gustaaf ( 7 September 1930 – The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an The cabinet declared him unable to reign and assumed the King's constitutional powers. All members of the government then signed the bill, passing it into law. The government declared that Baudouin was capable of reigning again the next day. Although this procedure didn't raise significant opposition at the time, it can be analyzed as unconstitutional, as the constitution provides that the cabinet will fulfill the King's role in the interregnum between the death of one king and the oath of his successor, but provides that in case of inability to reign, the two chambers of parliament assembled in one will provide for guardianship and regency.
Following Japan's defeat in World War II, the emperor's role is defined in Chapter I of the 1947 Constitution of Japan,as decided by the foreign powers that had defeated Japan in the war. For a topic outline on this subject see List of basic Japan topics. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including The of Japan is the country's Monarch. He is the head of the Japanese Imperial Family. The has been the founding legal document of Japan since 1947 The constitution provides for a Parliamentary system of government and guarantees certain fundamental rights It states that the sovereignty of Japan rests with the people (not the emperor), and that the emperor is merely the symbol of the State and of the unity of the people. Unlike other constitutional monarchs, the emperor of Japan has no reserve powers.
Reserve powers can also be written into a republican constitution that separates the offices of Head of State and Head of Government. Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state This article focuses on the cases where the Head of Government is a separate office from the Head of State This was the case in Germany under the Weimar Republic, and is still the case in the French Fifth Republic and the Italian republic. The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 See also Government of France The Fifth Republic is the fifth and current republican constitution of France, which was introduced on Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Reserve powers may include, for instance, the right to issue emergency legislation or regulation bypassing the normal processes. In most states, the head of state's ability to exercise reserve powers is explicitly defined and regulated by the text of the constitution.
Article 16 of the Constitution of France allows the President of the Republic to exercise exceptional powers in case of a national emergency. The current Constitution of France was adopted on October 4, 1958. This article is about the country For a topic outline on this subject see List of basic France topics. The President of the French Republic (Président de la République française colloquially referred to in English as the President of France, is France 's elected During this time, the President may not use his prerogative to dissolve the National Assembly and call early elections. The French National Assembly. The other is the Senate ( “Sénat”) He must still consult the Prime Minister, the leaders of both houses of Parliament and the Constitutional Council. The Constitutional Council ( Conseil Constitutionnel) was established by the Constitution of the Fifth Republic on 4 October 1958
The inspiration for this disposition in the Constitution was the institutional chaos and lack of government authority which contributed to the French debacle in the Battle of France in 1940. In World War II, the Battle of France, also known as the Fall of France, was the German invasion of France and the Low Countries Year 1940 ( MCMXL) was a Leap year starting on Monday (link will display the full 1940 calendar of the Gregorian calendar. On a larger scale, this is consistent with a tradition of the Roman Republic (which has always been an inspiration for the successive French Republics), to give six months of dictatorial power to a citizen in case of an imminent danger of invasion. The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the
Article 16 rule has only been exercised once, in 1961, during a crisis related to the Algerian War in which Charles De Gaulle needed those emergency powers to foil a military plot to take over the government. Year 1961 ( MCMLXI) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar. The Algerian War ( French: Guerre d'Algérie; 1954-1962 also known as Algerian War of Independence, led to Algeria 's independence from Charles André Joseph Marie de Gaulle ( ( 22 November 1890 – 9 November 1970) was a French General and statesman who led the Free French In 1962, the Council of State ruled itself incompetent to judge measures of a legislative nature issued by the President under Article 16. Year 1962 ( MCMLXII) was a Common year starting on Monday (the link is to a full 1962 calendar of the Gregorian calendar. This article is about the present-day French institution For institutions with the same name during the Ancien Régime in France see Conseil du Roi.
In his book, Le Coup d'État permanent (The Permanent Coup), François Mitterrand criticized Article 16 for allowing an ambitious politician the opportunity to become a dictator. François Maurice Adrien Marie Mitterrand ( 26 October 1916 8 January 1996 served as President of France from 1981 to 1995 elected as representative of the Socialist However, he made no move to put away his reserve powers after he himself became President.
The Basic Law of the Federal Republic of Germany strictly limits the reserve powers available to the President to prevent the situation in which the executive could effectively rule without legislative approval, which was the case in the Weimar Republic. The Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland is the Constitution of Germany. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 In particular, he cannot rule by decree and he can only dissolve the Bundestag (parliament) if the Chancellor loses a motion of confidence and asks the President to do so. Rule by decree is a style of governance allowing quick unchallenged creation of law by a single person or group and is used primarily by Dictators and Absolute monarchs The Bundestag ("Federal Diet " or "Lower House of German Parliament" is the Parliament of Germany. A Motion of Confidence is a motion of support proposed by a government in a Parliament or other assembly of elected representatives to give members of parliament (or
The German President has exercised this right three times since the founding of the Federal Republic in 1949. President Gustav Heinemann dissolved the Bundestag at the request of Chancellor Willy Brandt in 1972, and in 1982 President Karl Carstens did so at the request of Chancellor Helmut Kohl. Gustav Walter Heinemann GCB ( July 23, 1899 - July 7, 1976) was a German politician Willy Brandt, born Herbert Ernst Karl Frahm (18 December 1913 - 8 October 1992 was a German politician Chancellor of West Germany 1969&ndash1974 Karl Carstens ( December 14, 1914 - May 29, 1992) was a German politician Helmut Josef Michael Kohl (born 3 April 1930 is a German conservative politician and statesman Both Brandt and Kohl were reelected with larger majorities. Most recently, on July 1, 2005, President Horst Köhler dissolved the Bundestag at the request of Chancellor Gerhard Schröder. "July 1st" redirects here For the Ayumi Hamasaki song see H (song. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Horst Köhler ( born 22 February 1943) is a German politician ( CDU) and economist who serves as the current President of Germany. ˌɡeɐ̯haɐ̯t fʁɪʦ kʊɐ̯t ˈʃʁøːdɐ (born 7 April 1944 German politician, was Chancellor of Germany from 1998 to 2005 Schröder expectedly lost the election that followed and thus made way for a new government. German federal elections took place on September 18, 2005 to elect the members of the 16th German Bundestag, the federal parliament of Germany For the government of parliamentary systems see Executive (government.
The wide use of sweeping reserve powers by Adolf Hitler, given to him by the frail and doting President Paul von Hindenburg, has often been cited as an important factor in the failure of the Weimar Republic and the rise of Nazism in Germany in the 1930s. Hi and welcome to Wikipedia! Please understand that this article is frequently vandalized and vandalism is reverted immediately Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg ( known universally as Paul von Hindenburg ( ( October 2, 1847 &ndash August 2 The term Weimar Republic ( ˈvaɪmarɐ repuˈbliːk is used by historians to signify the democratic and Republican period of Germany from 1919 to 1933 Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German
The President of the Italian Republic's powers are defined by articles 87 through 90 of the Constitution of Italy. The President of the Italian Republic (Presidente della Repubblica Italiana is the Head of State of Italy, and as such is intended to represent national unity The Constitution of the Italian Republic (Costituzione della Repubblica Italiana was enacted by the Constituent Assembly on 22 December 1947 with 453 votes in favour and 62 The President:
The president can refuse to sign laws he deems clearly against the Constitution, while less obvious cases are dealt later on by the constitutional court. A constitutional court is a high court that deals primarily with Constitutional law. If the rejected law is passed again by a majority in the parliament, however, the president must sign it.