Presidential regime, separation of powers, checks and balances, executive power, legislative power, judicial power, United States, Brazil, political regime, constitution, strict separation, flexible separation
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Abstract
This document discusses the concept of presidential regime and separation of powers, focusing on the theoretical and practical aspects of the strict separation of powers in countries like the United States and Brazil.
Contents
The theory of a strict separation of powers
A reciprocal organic independence
Operational difficulties
The practice of a moderate separation of powers
A rare and fragile political regime
A moderate independence of powers by practice
The theory of a strict separation of powers
A reciprocal organic independence
Operational difficulties
The practice of a moderate separation of powers
A rare and fragile political regime
A moderate independence of powers by practice
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Extract
[...] Therefore, it seems to us that it is judicious to ask to what extent the presidential regime organizes a separation of powers adapted to the good functioning of a political regime. After studying the peculiarity of the organization of powers as established in classical political theories it will be appropriate to consider the practical organization of the separation of powers in the United States and Brazil (II). I - The theory of a strict separation of powers: The presidential regime is characterized by a strict separation of powers between the legislative, executive, and judicial powers. [...]
[...] In the United States, all state officials, including the President, can be tried in the case of certain crimes. In Brazil, there is a list of types of offenses calling for dismissal, which does not exist in the United States. The United States has had 2 major examples of impeachment and Brazil has initiated proceedings against De Mello who was convicted of corruption and dismissed. [...]
[...] It will therefore be necessary to analyze on the one hand these means of action but before anything else will be addressed the unprecedented nature of this political regime. A rare and fragile political regime On the international level, the Constitution of the United States and the Brazilian political regime are almost the only ones relevant to the presidential regime. Due to the conflicts between the executive and legislative powers, presidential regimes in Europe have had short lifespans: for example, France in the context of the Constitution of 1848, where the The presidential regime established ended with the coup d'état of Louis-Napoléon Bonaparte on 2 December 1851. [...]
[...] The Congress consists of both the House of Representatives and the Senate. The legislative power is therefore in the hands of the 435 members of the lower chamber, elected for 2 years, and between those of the 100 senators, elected for a 6-year term. Thus, any bill must first be submitted to the lower chamber and then to the Senate. After a 'parliamentary shuttle' mechanism between the two chambers, the bill is finally submitted to the President of the United States for approval. [...]
[...] Thus, the presidential regime, in theory, is a regime of power balance. However, although the term 'presidential regime' is ambiguous, it is the power that will be considered the most legitimate that will prevail on the political scene, whether it is the legislative power through the election of members of the parliamentary assemblies or the executive power with the election of the President by universal suffrage. Despite this ideal of power separation based on their balance between them, this balance cannot be allowed to last due to this strict separation: no control of powers by the other is theoretically envisaged, as this would mean breaking this separation. [...]
