The semi-presidential system

1. INTRODUCTION .-

When a nation emerges is the need to establish a system of government to control and organize social life in order to ensure the stability of the state and its continued existence.

Systems, political or government forms can be analyzed from two perspectives: one concerning the institutional arrangements created to exercise control over the interaction of members of society, seeking to provide it with order, and another that corresponds to the social structure nation mainly due to its history. In this sense governance systems seek to be stable and efficient through its mechanisms of control and manages to harmonize the two approaches mentioned above.

We should mention that the forms or systems of government are basically presidentialism, parliamentarism and presidentialism. But it is also necessary specifying that the semi-presidential system has not yet been imposed in any state (at least according to our records), hence the importance and significance of this work, considering that a priori that the latter would come to be configured as system the call (the future) to be implemented in most (if not all) of democratic states.

2. Origin .-

A mid-twentieth century there emerged a third model that combines principles of organization of power in both the parliamentary and the presidential system. This is the institutional design of the French Fifth Republic, founded in 1958. From the constitutional point of view the French system is neither presidential nor parliamentary but a mixed system.

3. DEFINITION .-

The semi-presidential system is a term first used by the French political scientist Maurice Duverger, in his work entitled "Political institutions and constitutional law?. This is referred to a political system in which a president elected by universal suffrage exists alongside a prime minister and cabinet responsible to the legislature.

It seems at first glance that this coexist simultaneously the presidential and parliamentary, but in reality are two systems that their differences are difficult to fuse, so it says it can operate in some cases according to the mechanics a presidential system and in other cases by parliamentary system mechanics, or it can also produce a division of executive powers in such a way that the President and the Prime Minister enjoy extensive powers in specific areas.

It is said that generally, countries that have adopted the semi-presidential system, are those in which there were threats to the stable functioning of parliamentary institutions. It also appears that this system has become the most appropriate for those democracies that are characterized by politically fragmented multiparty systems.

4. CHARACTER? STICA .-

- The president is elected by universal suffrage.

- The Executive Branch is divided into president or head of state, elected directly, and a prime minister or head of government, appointed by the Parliament. The president or head of state, shares executive power with a prime minister, establishing a dual structure of authority defining the following criteria: a) The President is independent of Parliament, but not allowed to govern alone since his will must be channeled and processed through the government and b) The Prime Minister and his cabinet are independent of the president, but report directly to the parliament, for this reason are subject to a vote of censure and vote of confidence, so they need to support their stay of the parliamentary majority.

- The dual authority structure of semi allows different balances of power and dominance of variables within the Executive power, under the strict condition that the "potential autonomy" of each component unit of the executive remain.

- The President proposed to the Cabinet and Parliament must approve or reject within a specified period. In case of rejection of the proposed cabinet, the Executive may refer to another cabinet or call early elections.

- Congress has a deadline for approving major initiatives of the President. If not approved at that time, may cause it to dissolve Parliament and convene elections.

- The vote of censure by the Parliament may cause the automatic fall of the minister.

The head of state has the primary function of ensuring the regular functioning of institutions, and conducts foreign policy, diplomacy and the military. On the other hand, there is the Parliament organized into two chambers. Both arise from universal suffrage: Parliament does not depend on the head of state in terms of their choice, or the head of state depends on the Parliament. The government comes from the National Assembly may be dissolved by the President.

The president, head of state, is a sole power, elected on the basis of universal suffrage, and in this respect this system resembles the president. Parliament, meanwhile, is elected, the prime minister, who comes from the National Assembly, appoints his ministers. This combination of an elected head of state based on universal suffrage, with a Parliament also elected (worth repeating) is what gives the character of this mixed system.

5. ADVANTAGES .-

- The president is alone, but shares power with a prime minister, in turn, the prime minister comes from the Parliament and must get their continued support.

- The executive power is divided between a head of state President of the Republic, and a head of government, or prime minister. Each has a different origin: while the president comes directly from the popular vote, the mayor is appointed by the parliamentary majority. The President appoints the latter, indeed, but always attending the party or majority coalition in Parliament. Thus, although the origin of the head of government is the confidence of both the chief of state and the parliamentary majority, in practice its permanence depends almost exclusively on the majority. The prime minister is engaged in political struggle everyday, which is exempt from the president. The Head of State maintains a non-confrontational relationship with leaders of the opposing parties and favors the compromise, negotiation and moderation of the opposing forces. Therefore, a role of arbitrator.

- In this system, the dissolution of Parliament is a weapon in the hands of the president because it has sought, as far as possible, akin to a parliamentary majority. President dissolves Parliament based on political calculations, according to which this action can be implemented at any time or under any circumstances. In other words, although there are no limits or conditions to dissolve the Parliament, only when there is political circumstances to lead to a majority or Parliament itself, although this is not achieved, it comes to reducing medium-term political costs.

- As President of the Republic is elected by universal and direct vote, Parliament is not able to obstruct the presidential function can not dismiss it. However, the president can dissolve parliament itself. Here the solution is the mechanism through which the rule is to avoid the parties, and make way for the construction of coherent majorities. Thus, the president has a certain supremacy because, among other provisions, the Constitution establishes and empowers him as the guarantor of the proper functioning of the institutions. One of his responsibilities is essential therefore to ensure that the entire institutional structure to function without clogging. The use of the solution becomes, for that reason, its true dimension. There is, therefore, a certain president's constitutional primacy over the National Assembly.

- Parliament can appoint governments, though it has nothing to do with the head of state. Since appoints the government (the prime minister and his cabinet) also has the power to dismiss, ie it can censure. In this and other ways (such as explanations and justifications for acts of government) exist, as in parliamentary systems, control mechanisms between parliament and government, the latter is subject to the supervision and continuous monitoring of the parliamentary majority which it arises. That majority may arise from a single party or coalition of parties. In general, French legislative majorities emerge from coalitions of parties, from right or left.

- The organizational strength, social and political parties were developing in this system became factors in the development of institutions. Political institutions and parties began to have an interaction that became mutually dependent and complementary dimensions. Neither Parliament can be established and operated without the parties or the Presidency of the Republic may be instituted or operated unless it is backed by a political organization that gives social support and that it will support the development of government programs, so The Fifth Republic is not limited only in institutional design, Your understanding is more complete when it includes political parties, which appear as the engine of institutional set.

- The semi-presidential system has the advantage that it retains an element of stability in the figure of the president who serves as head of state. It also allows political control over government and integrate the powers of the executive and the parliamentary majority.

- Has to demand political accountability mechanisms outside the election period and with them strengthens the concept of democracy as limited exercise of power.

- Incorporates some of the flexibility of parliamentarism without sacrificing the popular election of the President.

6. DISADVANTAGES .-

- In this system the separation of powers has a higher degree of complexity than in the past, because the executive and legislature are at once separated and united.

- Does not solve the problem afflicting the conflicting majorities and presidential, rather, whether there is a dual structure, which can be transferred to internal Executive Branch. There are many other problems.

7. CONCLUSIONS .-

- The analysis of any political system of a state should be taking into account two major factors: a) The social reality (or real constitution, understood as the economic, social and existing political society, the social structure of a community product of its economy, education level, urban-rural composition, history and culture) that develops and b) its formal constitution (understood as the machinery that sets the laws and institutions must produce must produce a stable society). Any account that the harmony of these factors will determine the success or failure of political systems.

- The main forms of democratic governance are presidentialism, parliamentarism and presidentialism. Although common with the division of powers into three parts (legislative, executive and judicial), is the cooperation between the three that should enable the stability of the political system efficiency and control of power for the protection of citizens.

- The semi-presidential system keeps elements of parliamentary and presidential system, is therefore a mixed system whose characteristics favor democracy and stability and efficiency of the political system. Given that cancels the possibility of a conflict of powers that could endanger the stability of the system.

- A system of democratic government that focuses as its primary task precisely the democratic stability of it, is a mixed system of semi-presidential system with direct election of the President of the Republic, the election authority of the Council of Ministers and submission to a political assessment by the Parliament.

8. ADVICE .-

- We propose phased implementation of a semi-presidential system in the Peruvian State, but also believe that within the same system to be implemented should be given a greater role to the Cabinet feels that the vote of investiture is a real commitment to supporting parliamentary of the measures they are exposed.