حكومة تصريف الأعمال : من المفهوم السياسي إلى الإحاطة القانونية

الملخص EN

The constitutional and political life in the parliamentary democracies is mainly based on the principle of alternation of power, in addition to multiparty system.

The majority of these democracies adopted an electoral systems based on the proportional, since it represent the best electoral systems for ensuring the expansion and the fairness of political representation.

However this constitutional and political life, often leads to a political instability that conducts to a governmental instability by the transformation of the Government from a full constitutional powers to a «caretaker Government».

Certainly, the maintaining of the quality and the principles of constitutional and political life in a democratic framework is an initial and important, but the maintaining of the governmental stability is also important, and should not be sacrificed.

The governmental instability, or as called by some politicians the «governmental vacuum», impacts seriously and sometimes disastrously, the economic and social life as well as the security ...etc.

(i.e.

the continuity of the State).

Therefore, some political systems have worked to make the balance between the democratic imperatives and the necessity of governmental stability by creating a constitutional or legislation mechanisms that conduct to decrease or even to prevent the work period of the «Caretaker Government».

In this study, we rooted the notion of «caretaker Government», by taking it out of the political concept into the legal framework.