Presidentialism vs Parliamentarism: Political Power Dynamics

Political Relationships Between Government Branches

Despite the requirement that functions remain distinct, political interaction occurs within various organs. Are these relationships necessary?

• Monarchy and Republic: These two distinct forms of state contrast most sharply when the basic agreement on the constitutional model is in crisis. State models usually emerge during disputes between monarchy and republic.
• Control and Balance of Powers: These powers are balanced so that none reaches a level of predominance involving an accumulation of power and a subsequent lack of freedom.

We can examine the relationship between power and the state. At first glance, there are specific relationships between the two powers:

• First, we recognize the involvement of politics in the drafting of laws by the legislature.
• Through legislative initiative, which may be undertaken by deputies but also by the government (draft laws).

There is a clarification needed for this relationship. Strictly speaking, an intervention by the executive cannot be understood as interference with parliament's work; it is an external involvement in the internal procedure of the Parliament's job.

Presidentialism and Parliamentarism Dynamics

Does one system respect the separation of powers better? Presidentialism generally implies less involvement between powers and functions. In the parliamentary system, there appears to be a greater risk of these powers interfering with each other. Possible risks include:

• Establishing a preponderance of the Legislative Assembly: This is common when the Assembly faces excessive fragmentation of political groups and when the executive is based on coalitions.
• Clear predominance of the executive: In a government that changes frequently, or when the government secures a large majority with rigid party discipline, Congress significantly loses its capacity.

There are two issues or problems that affect this dynamic:

• Rigid structures versus parliamentary freedom: The parliamentary group is often limited to receiving instructions from political parties.
• Lack of strict political party dependence: In many cases, there is no internal party activity, and candidates compete freely to secure nominations.

The Position of the Judiciary

The judiciary applies the law once it is adopted. Montesquieu says: "The judicial power is void." This is often misinterpreted; he meant it was "invalid" in the sense that it does not act as a power within the political sphere. What remains most important is its independence.