It 's almost a week that political leaders (and journalists), there Ammannato lessons fantasy constitution.
Dissolution of a single room, elections in March, government technical impossibility of no confidence in the government if a branch of Parliament has just given the same confidence in the government, the dissolution of the House who did not trust the government.
not know if it's crass ignorance or deliberate misinformation. Just read the Constitution.
Article 94: The government must have the confidence of two chambers. So if one of the two Houses vote of no confidence in the manner and timing Article 94 of the Constitution wanted the government is in crisis and the Prime Minister must resign to the Head of State.
we'll be in the stage that it is the Head of State, however, can not bring it to his liking because it must comply with the provisions of the Constitution.
are three scenarios: reappointment to the outgoing prime minister, a post to another prime minister, dissolve Chambers.
None of these scenarios is forced or left to the whim of Napolitano. His choices must be dictated by the sole objective of finding a government that has the confidence of the Chambers, and only if this can not be the Chambers will be dissolved. Chambers and not only one of them and I'll explain why.
The Constitution places the Parliament over the Government on this and not raining, as it is the Parliament that, with the confidence, the government is living. The Constitution, in fact, give the rooms a precise duration: five years, but does not assign a fixed length that lives up to the government that takes the trust by the Chambers.
So, if disagreement between the Government and Chambers, Parliament prevails. He died on the Government and not do justice to the wondrous Parlamento.Ciò hypothesis to dissolve the House that the Government has discouraged: they subvert the Constitution by punishing the House that, under the powers assigned to it by Article 94 of the Constitution, has lifted the confidence privilegianodo the Government and the Government did not have that confidence.
Nor is it valid to claim that, by dissolving both houses, it would punish the House and, instead, confemato his confidence in the Government.
The dissolution of Parliament is the last resort of the President of the Republic and is used only when Parliament is unable to function. And the inability to give confidence to any executive is the symbol of the failure Prince of work.
Then the dissolution of the House also confirmed that confidence in the government prevails on the inability of the whole Parliament, formed by the two chambers, to give confidence to any executive.
Betrayal of the electoral mandate given by the sovereign people . This expression was used to justify the automatic appeal to the polls in case of fall of the government casting of votes in 2008. Too bad
Article 67 of the Constitution provides that "Every member of Parliament represents the Nation and performs his duties without a binding mandate "
The current electoral law (DPR 361/57 is always the amended several times, most recently with the porcellum) Article 14a (inserted just under porcellum) provides that the parties that join forces " declare the name and surname of the person they named as sole head of the coalition " So as Prime Minister, but as head of the electoral coalition.
to want to be precise, if it should break electoral coalition (as it is broken), the statement would not be worth more, if Tom is the head of a coalition when the coalition no longer exists, who is the Head of Tom?
elections in March? It depends. It is not a free choice. Again reminded of the Constitution. Article 61 provides that "The election of the new rooms will take place within seventy days from the end of the above". So, not later than seventy days of any decree of dissolution of Napolitano.
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