Dissolution of parliament

A dissolution of Parliament means that Parliament finished its work and a new parliament is elected. This premature end of its term usually leads to early elections.

  • 2.1 Germany
  • 2.2 The Netherlands
  • 2.3 United Kingdom

Owner of the dissolution of Parliament

Dissolution of parliament by the government

Historically possessed the monarch the sole right to convene Parliament to adjourn or dissolve. This law was the expression of the position of the ruler ( monarchical principle), but also an idea of ​​the separation of powers, because the forces can control each other are. The monarch could question this way the people whether it supported the policy of the monarch ( the monarchical government). Just the threat of dissolution intimidated deputies often enough so as to agree after government bills. But just as it was possible that a new election strengthened the opposition.

With the emergence of governments, especially with his own responsibility, the government played a growing role in the resolution, either de facto or even constitutional. In some republics, it is the President who decides on the dissolution of parliament, for example in France.

Parliament resolution by Parliament

Also widely used are self-dissolution rights of the respective parliament. One example is New Zealand.

Dissolution of parliament by popular vote

A third variant is the dismissal of a parliament in a referendum. Thus, in the Swiss cantons of Bern, Uri, Schaffhausen, Solothurn and Thurgau are required the dismissal of the cantonal parliament before the end of the legislative period. In the German states, the constitutions of Baden- Württemberg, Bavaria, Berlin, Brandenburg, Bremen, North Rhine -Westphalia and Rhineland -Palatinate provide for such a possibility. In the Weimar Republic in 1932 Oldenburgische Parliament was recalled in this way, a corresponding vote on the Prussian parliament failed, however, in 1931.

Situation in individual countries

Germany

In most countries, the estates of the German Federal constitutions have been established in accordance with § 13 of the German Federal Act. These provided for the dissolution of Parliament by the Prince. In Germany regulated the Bismarckian constitution in 1871 that a resolution of the Reichstag, a decision of the Federal Council and the Emperor's consent was necessary. In practice, the decision was made ​​by the Registrar.

In the Weimar Constitution, the president could dissolve the Reichstag in accordance with Article 25 alone, although officially only once each for the same reason. This restriction was insignificant in practice. During the Weimar period every Reichstag was dissolved prematurely.

At the foundation of the Federal Republic of 1948/1949 we saw the Weimar regime as harmful since the dissolution of parliament had been made too easy. Therefore, the Bundestag can not simply dissolve itself, nor may this alone, the President or the government. The Bundestag can be dissolved in two cases:

  • The Bundestag elects not Chancellor, neither the President nor proposed by a Member of Parliament of the proposed candidates. Finally, no candidate receives a majority, the Bundestag, the Federal President must dissolve, a candidate receives at least a relative majority, can the President do this.
  • The Chancellor has asked the parliamentary vote of confidence, which means that the Bundestag with an absolute majority must vote him the confidence ( sometimes that is connected to a substantive decision). Does not receive the vote of confidence that such a majority, then the Chancellor may request the President to dissolve the Bundestag.

The first case has never occurred since the always presented by the Federal President 's candidate for chancellor was elected by absolute majority. The second case, there was in the years 1972, 1983 and 2005 with successful resolution for a vote of confidence. In practice, the decision to dissolve the Registrar goes out; the Registrar supportive fractions agreement pursuant to talk to him then do not trust, so that the resolution is possible. The opposition says the chancellor, of course the confidence certainly not out. The President then usually follows the request of Chancellor and the parliamentary majority and dissolves the Bundestag.

See also: self-dissolution law

Netherlands

In the Netherlands it is the government that dissolves Parliament (usually the Second Chamber). Here, the monarch is officially part of the government, but in fact it is the Prime Minister who decides on the resolution, together with his cabinet colleagues. Normally, the term of four years, and this has been achieved, however, still with no elected in 1994 by the Second Chamber.

United Kingdom

In the UK, the Prime Minister has the right at any time to ask the monarch to a premature dissolution of Parliament. In the British tradition, the government has the opportunity to put the election at the time of her looks the most promising. However, the maximum duration of Parliament is five years since 1911 (since Septennial Act of 1715 it had been seven years).

  • Suffrage
Revocation German Confederation Constitution of the German Empire Reichstag (German Empire)
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