The system of parliamentary government: The possibility of balance under the principle of the separation of powers

• Main Author: Pejić Irena
• Format: Article
• Language: English
• Published: Faculty of Law, Niš 2016-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Nišu
• Subjects: Parliamentary system; separation of powers; Parliament; executive authority
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2016/0350-85011673067P.pdf

The minimum consensus in defining the concept of a parliamentary system is closely related to the presence of the responsible government in the system governed by the principle of the separation of powers, which is the essential characteristic of parliamentarism. A constitutional and political theory classify this system as a model of parliamentary government that is elected by Parliament and responsible to Parliament, which is the essence and the common denominator of this system. Moreover, all the modalities of the system develop in line with the relations established between the legislative and the executive authorities, i.e. between the head of state, the government and the parliament. Nowadays, there is no 'pure' model of the parliamentary government, for at least two reasons. First, modern constitutions set up instruments of rationalization and transfer the focus of the constitutional power either to the government or to the head of state, but in any case 'away from' the parliament. Second, political framework of modern parliamentarism significantly contributes to the situation where the constitutional instruments aimed at preserving the balance receive a new legal and political meaning; thus, they serve some functions other than those prescribed by the constitution.