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Presidential Commission

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The dissolution of a legislative assembly (or parliament ) is the simultaneous termination of service of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy , the new assembly is chosen by a general election . Dissolution is distinct on the one hand from abolition of the assembly, and on the other hand from its adjournment or prorogation , or the ending of a legislative session , any of which begins a period of inactivity after which it is anticipated that the same members will reassemble. For example, the "second session of the fifth parliament" could be followed by the "third session of the fifth parliament" after a prorogation, but would be followed by the "first session of the sixth parliament" after a dissolution.

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53-717: Presidential Commission may refer to: Presidential Commission (Ireland) Presidential commission (United States) Presidential Commission of Inquiry Presidential Commission of Uganda Presidential Commission of Ghana Presidential Commission on the Status of Women Presidential Commission for the Study of the Communist Dictatorship in Romania Presidential Commission of

106-408: A dissolution merely triggers an election, but the old assembly itself continues its existing term and its members remain in office until the new assembly convenes for the first time. In those systems, ordinarily scheduled elections are held before the assembly reaches the end of a fixed or maximum term, and do not require a dissolution. In most Westminster systems , however, a dissolution legally ends

159-432: A dissolution. Early dissolutions may be possible in parliamentary and semi-presidential systems , to resolve conflicts between the executive and the legislature; either a " snap election " called by an executive seeking to increase its legislative support, or an election triggered by parliament withholding confidence and supply from the government. Some presidential systems also allow early dissolutions, usually by

212-751: A double dissolution, and Sir John acted in accordance with that advice. Unlike the Commonwealth Parliament, the premier and governor of Victoria have very little discretion in dissolving the Parliament of Victoria . Both the Legislative Assembly and the Legislative Council are dissolved automatically twenty-five days before the last Saturday in November every four years. However, the governor can dissolve

265-486: A general election rather than a handover of Government. A Dáil must be dissolved, and then a general election held, within five years of its first meeting. There are two notable instances when the President did not dissolve Dáil Éireann: 1989 and 1994. In the first instance, the newly elected Dáil failed to elect a Taoiseach when it first met (and at a number of meetings afterward). The incumbent taoiseach Charles Haughey

318-517: A month, to contain a " grouping of counter-revolutionary elements " (the 1964 Coup d'Etat was considered a revolution by the military) that had formed in the legislature " with the aim of disrupting public peace ". On 13 December 1968, President Costa e Silva issued AI-5, an institutional act that began the most repressive and violent period of the dictatorship, closing the National Congress to combat subversion and " ideologies contrary to

371-483: Is different from Wikidata All article disambiguation pages All disambiguation pages Presidential Commission (Ireland) The Presidential Commission ( Irish : Coimisiún na hUachtaránachta ) is a body which performs the functions of the president of Ireland in the case of a vacancy or temporary absence. Three members serve on the Presidential Commission. The President of

424-542: The 1958 French Constitution , the National Assembly can be dissolved by the President at any time after consultation with the prime minister and the presidents of the two chambers of Parliament . After the declaration, new elections must be held within twenty to forty days. The National Assembly elected following such a dissolution cannot be dissolved within the first year of its term. A dissolution of

477-582: The 22nd government of Ireland collapsed in November 1992, president Mary Robinson was abroad. The resignation of the Progressive Democrats ministers, the appointment by Taoiseach Albert Reynolds of caretaker Fianna Fáil replacement ministers, and Reynolds' request for a dissolution of the Dáil , were all effected by the Presidential Commission. Temporary illness may also indispose the President. No President has ever refused to fulfil any of

530-693: The Additional Act to the Constitution determined that " [v]erified the impossibility of maintaining the Council of Ministers for lack of parliamentary support, proven in motions of no confidence, consecutively opposed to three Councils, the President of the Republic may dissolve the Chamber of Deputies[...] ". The then President of the Republic never exercised this attribution and the return to

583-519: The Constitution of Ireland to the inauguration of Douglas Hyde . From the death of Erskine H. Childers to the inauguration of Cearbhall Ó Dálaigh . From the resignation of Cearbhall Ó Dálaigh to the inauguration of Patrick Hillery . From the resignation of Mary Robinson to the inauguration of Mary McAleese . Dissolution of parliament In most Continental European countries, dissolution does not have immediate effect – that is,

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636-741: The High Court acts as a member in place of the Chief Justice if that office is vacant. The Leas-Cheann Comhairle acts as a member in place of the Ceann Comhairle if that office is vacant. The Leas-Chathaoirleach acts as a member in place of the Cathaoirleach if that office is vacant. The Commission may act with at least two members. A proposal to abolish the Seanad, which was rejected at referendum in 2013 , would have seen

689-727: The Hong Kong Basic Law : Before the handover of Hong Kong in 1997, the Legislative Council could be dissolved any time at the governor 's pleasure. Legislative power is constitutionally vested in the Parliament of India , of which the President is the head, to facilitate the law-making process as per the Constitution . The President summons both the Houses (the Lok Sabha and the Rajya Sabha ) of

742-429: The President , on the advice of the taoiseach (prime minister). The president may only deny such a dissolution if the taoiseach has lost the confidence of the Dáil, through a vote of no confidence (or, it could be argued after a Budget or other important bill has failed to pass). This has never happened, and, in the past, taoisigh have requested dissolutions before votes of no confidence have taken place, so as to force

795-763: The Senate , can be dissolved at any time by the King of Canada or by Governor General on the advice of the prime minister . If the government is refused confidence or supply , the prime minister must either resign and permit another member of the House of Commons to form a government, or else advise the governor general to dissolve Parliament. Also, the House of Commons typically dissolves within five years; however, in circumstances such as war, invasion, or insurrection, Parliament may extend this period. A continuation longer than five years requires approval by more than two-thirds of

848-530: The president of France . However, when Charles de Gaulle , who favored a presidential government with a strong executive , was invited to form a new government and constitution during the May 1958 crisis he directed the constitutional committee chaired by Michel Debré to increase the authority of the presidency, including providing the ability to dissolve the National Assembly. Under Article 12 of

901-661: The regions and communities cannot be dissolved; they have fixed five-year terms. Under the current constitution , there is no formal way to dissolve the Federal Senate or the Chamber of Deputies (Houses of the National Congress ). In May 1823, eight months after Independence, the first brazilian legislative experience began, with the installation of the General, Constituent and Legislative Assembly , with

954-466: The 1993 constitutional reforms , only the Chamber could be dissolved, with the Senate being automatically dissolved as well. Since 2014 constitutional reforms , only the Chamber can be dissolved, as the Senate is no longer directly elected. After dissolution, elections must be held within 40 days, and the new chambers must convene within three months (within two months from 1831 to 2014). Parliaments of

1007-531: The Constitution came into force, and 25 June 1938, when the first president was inaugurated. During this period, under the Transitory Provisions of the Constitution, the commission consisted of Chief Justice, the President of the High Court , and the Ceann Comhairle. Its composition differed from later commissions, as Seanad Éireann had not been constituted and elected. From the adoption of

1060-640: The Emperor's power to dissolve the Chamber of Deputies (the Senate was not elected). During the Regency and reign of Dom Pedro II , the Chamber of Deputies was dissolved on several occasions, almost always when the clash between conservatives and liberals or between legislators and the Council of Ministers  [ pt ] reached a degree considered too high by the Emperor. After the Proclamation of

1113-544: The First World War, elections have always been called with either of these actions, except for 1929 . A third scenario, dissolution by law due to a vacant throne , has never occurred. Dissolution by law dissolves both the Chamber of Representatives and the Senate . A royal order originally could dissolve the Chamber, the Senate, or both. However, the last dissolution of one chamber only happened in 1884 ; both chambers were always dissolved together since then. With

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1166-474: The Folketing is never formally dissolved , and it retains its legislative power until new members have been elected. In practice the Folketing will cancel all its ongoing business when an election is called, to give the members time to campaign, but it can reconvene in case a national emergency requires urgent legislation before the election takes place. Article 148 of the 2008 Constitution of Ecuador grants

1219-469: The House expires three years after its first meeting if not dissolved earlier. The governor-general can dissolve the Senate only by also dissolving the House of Representatives (a double dissolution ) and only in limited circumstances spelled out in the Constitution . There is a convention that the Governor-General only orders a dissolution on the advice of the prime minister. This convention

1272-551: The House of Commons members or the legislative assembly. The provincial legislatures may also be dissolved at any time for the same reasons, by the Lieutenant Governor on the advice of the provincial premier . All provinces and territories have established fixed election dates . The Chamber of Deputies of the Czech Republic may be dissolved by the president when at least one condition specified by

1325-539: The Leas-Cheann Comhairle take the place of the Cathaoirleach on the Commission. The Presidential Commission fulfills all functions and duties of the office of President of Ireland when the office of President is vacant, or when the President is unavailable. Vacancy may occur: The Presidential Commission has often acted when the president is abroad, typically while making a state visit . When

1378-491: The Legislative Assembly if a motion of no confidence in the premier and the other ministers of state is passed and no motion of confidence is passed within the next week. Finally, the premier can advise the governor to dissolve both houses in the case of a deadlocked bill. In Belgium , dissolution occurs either by royal order or by law upon a Declaration of Revision of the Constitution (Art. 195 Const.). Since

1431-480: The National Assembly most recently occurred when in June 2024, when President Emmanuel Macron dissolved the National Assembly to prompt the 2024 French legislative election . President Jacques Chirac previously dissolved the National Assembly before the 1997 French legislative election in order to secure a new parliament more sympathetic to his policies, which ultimately failed when the opposition Socialist Party won

1484-554: The Provisional Government, Vargas dissolved the National Congress, the state legislative assemblies and the municipal chambers. Pressured by the failed Constitutionalist Revolution , Vargas was forced to call elections for a National Constituent Assembly. On 10 November 1937, now President of the Republic elected by the same National Congress, Vargas staged a coup d'état, establishing the Estado Novo . He closed

1537-484: The Republic, in 1889, a Constituent Congress was convened to prepare the first republican charter, which came into force in 1891. However, on 3 November of that year, the National Congress would be closed by President Deodoro da Fonseca , with the legislature reinstated after the attempt was deemed a coup and he resigned. The legislature was closed twice by Getúlio Vargas . After the Revolution of 1930 , as Head of

1590-725: The Russian Federation to Counter Attempts to Falsify History to the Detriment of Russia's Interests Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Presidential Commission . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Presidential_Commission&oldid=1114908506 " Categories : Disambiguation pages Government commissions Hidden categories: Short description

1643-413: The constitution is fulfilled. The Senate can never be dissolved. After the dissolution, snap elections are to be held no later than after 60 days. The chamber can be dissolved if Since the formation of the Czech Republic, the Chamber of Deputies was only dissolved once. In 2013, by passing a motion of dissolution after a lengthy crisis following the fall of Petr Nečas' government , Before such practice

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1696-554: The duties of office. Bills have occasionally been signed into law by the presidential commission while the president is out of the country; for example, the presidential commission signed the Marriage Act 2015 legislating for same-sex marriage as Michael D. Higgins was in the United States. The Presidential Commission was created in the 1937 Constitution of Ireland . It was first used between 29 December 1937, when

1749-625: The election against Chirac's party the Rally for the Republic . According to the Basic Law , the Bundestag can be dissolved by the federal president if the chancellor loses a vote of confidence , or if a newly elected Bundestag proves unable to elect a chancellor with absolute majority. The second possibility has never occurred, but the Bundestag was dissolved in 1972, 1982, and 2005 when

1802-452: The existence of the assembly, resulting in a temporary power vacuum, which may be filled in special circumstances by recalling the old assembly if need be. Because of this peculiarity, Westminster systems also have automatically-triggered dissolutions when the assembly reaches the end of a fixed or maximum term, since the act of dissolution itself is synonymous with the end of the assembly's term, and elections cannot be held in anticipation of

1855-594: The explanatory memorandum to the Constitution but was moved to the main body (precisely in article 7C) since the explanatory memorandum was eliminated in the Third Amendment. Despite this, there was a constitutional crisis in 2001 when President Abdurrahman Wahid attempted to prorogue the DPR on 23 July 2001 through a presidential decree . Dáil Éireann (the lower house of the Oireachtas ) can be dissolved by

1908-504: The following four circumstances should occur: In the first, third, and fourth cases above, the President must call an early election. In the second case, however, a Government that has lost the confidence of the Riigikogu is not obliged to request an early election. This occurred in 2016, when Prime Minister Taavi Rõivas lost a no confidence motion. His government resigned, and President Kersti Kaljulaid nominated Jüri Ratas to form

1961-455: The last general election, and most Bundestags have lasted the full term. The second federal legislative body, the Bundesrat , cannot be dissolved, as its members are the federal states ' governments as such rather than specific individuals. The chief executive , who is the head of the territory and head of government, has the power to dissolve the Legislative Council under Article 51 of

2014-430: The legislature and instituted a new, authoritarian Constitution . Despite the new charter determining the convening of a " National Parliament " with a appointed Federal Council and a Chamber of Deputies that could be dissolved, elections were never held. During the brief parliamentary experience from 1961 to 1963 as a way to allow the inauguration of President João Goulart under strong political and military opposition,

2067-514: The legislature voting to dissolve itself (as in Cyprus ), but sometimes by executive action in more authoritarian presidential systems, or, as in Ecuador 's muerte cruzada , the president dissolving the legislature at the cost of facing a new election themselves. In a bicameral legislature, dissolution may apply jointly or separately to the lower house and upper house , or may apply only to

2120-424: The lower house, with the upper house never fully dissolved. In a bicameral Westminster system , the expression "dissolution of parliament" typically refers to the dissolution of the lower house, just as " member of parliament " means member of the lower house. The House of Representatives , but not the Senate , can be dissolved at any time by the governor-general on the advice of the prime minister . The term of

2173-500: The next government without an election taking place. Likewise, if a Government loses a no confidence vote and requests an early election, the President can refuse the Government's request if it appears a successor government could command the support of the Riigikogu. As of 2018, every convocation of the Riigikogu has run its full term. The President of Finland can dissolve the parliament and call for an early election. As per

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2226-585: The parliament and prorogues them. They also have the power to dissolve the Lok Sabha pursuant to Article 75(2)(b). When Parliament is dissolved, all bills pending within the Lok Sabha lapse. However, bills in the Rajya Sabha never lapse, and can remain pending for decades. The Constitution of Indonesia prohibits President to dissolve the House of Representatives . This principle was originally written in

2279-437: The president the power to dissolve the National Assembly, but only at the price of giving the electorate the opportunity to vote the president out of office. The mechanism, known as muerte cruzada requires that a special election be held following dissolution, in which a new president and vice-president and a new National Assembly are elected. The candidates elected – to both the executive and legislative branches – then serve out

2332-485: The presidential system stripped him of any competence to dissolve the Chamber of Deputies. During the twenty-one years of the military dictatorship (1964–1985), the National Congress was "suspended" three times. Institutional Act No. 2 (AI-2) gave the President of the Republic the power to decree the recess of the two Houses of the National Congress, and during this period he had the prerogative to legislate. On 20 October 1966, President Castelo Branco decreed recess for

2385-431: The remainder of the current presidential and legislative terms. The first and only invocation of the dissolution was during the 2023 Ecuadorian political crisis when president Guillermo Lasso , undergoing impeachment proceedings in the National Assembly, dissolved the legislative body. Lasso chose not to seek re-election. Daniel Noboa , his elected successor and the newly elected National Assembly in 2023 will serve out

2438-468: The rest of the term until 2025. Per Section 60 of the Constitution of Estonia , regular elections to the Riigikogu , Estonia's unicameral parliament, are held on the first Sunday of March in the fourth year following the preceding parliamentary election. However, the Riigikogu can be dissolved by the President of Estonia and fresh elections called prior to the expiration of its four-year term if one of

2491-566: The task of drafting the country's first Constitution. Six months later, in confrontation with the Deputies, Emperor Dom Pedro dissolved the assembly, ordered the arrest and exile of some deputies and created a Council of State to draft the Constitution , which he signed in 1824. This was the first of the eighteen times that the legislature was dissolved, the Imperial Constitution and its quasi-parliamentary model formalized

2544-506: The then-ruling chancellors Willy Brandt , Helmut Kohl , and Gerhard Schröder deliberately lost votes of confidence in order that there could be fresh elections . On the last two occasions, the decree of dissolution was challenged without success before the Constitutional Court . No president has yet refused a dissolution of the Bundestag when the choice came to him. The Bundestag is automatically dissolved four years after

2597-466: The traditions of our people ". The last person to decree the closure of the legislature was President Ernesto Geisel , in 1977, through the "April package", after the National Congress rejected a constitutional amendment. Geisel alleged that the MDB (then the opposition party on a unequal bipartisanship controlled by the military) had established a " minority dictatorship ". The House of Commons , but not

2650-543: The version of the 2000 constitution currently in use, the president can do this only upon proposal by the prime minister and after consultations with the parliamentary groups while the Parliament is in session. In prior versions of the constitution, the President had the power to do this unilaterally. Under the French Fourth Republic formed after World War II , there was originally a weak role for

2703-428: Was demonstrated in the dismissal of prime minister Gough Whitlam by Governor General Sir John Kerr in 1975. Kerr claimed that dissolving the House of Representatives was his duty and "the only democratic and constitutional solution" to the political deadlock over supply. Whitlam refused to advise Kerr to call an election, and Kerr replaced him with a caretaker prime minister, Malcolm Fraser . Fraser promptly advised

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2756-484: Was made possible by amending the Constitution in 2009, Chamber of Deputies was once dissolved in 1998 by passing a special constitutional act, which shortened its term, but such practice was blocked by the Constitutional Court , when it was tried again in 2009 The government can call an election to the Folketing at any time, and is obliged to call one before the incumbent membership's four-year terms expire. However,

2809-416: Was obliged constitutionally to resign, however, he initially refused to. He eventually tendered his resignation to President Patrick Hillery and remained as taoiseach in an acting capacity. At the fourth attempt, the Dáil eventually re-elected Haughey as taoiseach. Had he requested a dissolution, it would probably have been accepted by the President on the grounds that the Dáil could not form a Government, but

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