إشكالية الاستقرار الحكومي في النظام البرلماني (المثال الألماني)‎

Abstract EN

Equilibrium and equivalence between the legislative and executive powers is central to of government stability in the parliamentary system.

This balance is politically and constitutionally based on the following mechanisms: the government is accountable to the parliament, which has the right of censure, in return for the government’s right to dissolve the parliament.

However, the use of the right of parliament dissolution and the right of no-confidence in the government has been a factor of governmental instability, with all the social, economic and sometimes national implications of the social contract that threaten the unity of the state or the people.

As a result, most of the countries that suffered from the instability of the government, because of the law of parliament dissolution and the right of censorship, sought mechanisms and tools that limit the easy use of these constitutional instruments in the parliamentary system.

Some countries have managed to ensure the stability of the government because of the nature of their people and their long history in the application of this system, the combination of political forces and the adopted electoral system (e.g.

the situation in England).

On the other hand, other countries have resorted to a strict control of the mechanisms of the parliamentary system by modifying it and creating a new political system based on the parliamentary system, as France did in its 1958 constitution currently in force.

Germany, on the other hand, worked under its present constitution of 1949 to keep the parliamentary system, but with a reorganization of the constitutional powers on strong and clear foundations, and the development of new constitutional mechanisms that avoid governmental instability.

This has led other countries to guide these new mechanisms.

This research has therefore focused on different approaches that sought to ensure the stability of government in the English, French and German constitutional systems.