Fusion of powers
Encyclopedia
Fusion of powers is a feature of parliamentary democracies
, wherein the executive
and legislative branches
are intermingled. It is often contrasted with the more strict separation of powers
found in the presidential democracies
. Fusion of powers exists in many, if not a majority, of democracies today, and does so by design. But the system was the result of political evolution in Britain over many centuries, as the powers of the monarch
and the upper house
withered away, and the lower house
became dominant.
The term fusion of powers is believed to have been coined by the British authority, Walter Bagehot
.
of Canada
, a country with fusion of powers, remarks that "in Canada, the Government
and the House of Commons
cannot be at odds for more than a few weeks at a time. If they differ on any matter of importance, then, promptly, there is either a new government or a new House of Commons."
The disadvantage with a fusion of powers, paradoxically, is the power it gives to the executive, not the legislative, arm of government. In a fusion of powers, the head of government
must have the confidence of a majority in the legislature. If the majority is made up of members of his (or her) own party, the head of government can use these supporters to control the legislature's business, thus protecting the executive from being truly accountable and at the same time passing any laws which are expedient for the government. A revolt by members of the government's own party (or, if the government is a coalition
or minority government
, by supporting parties) is possible, but party discipline
, along with a tendency by many electorates to vote against unstable governments, makes such a revolt unattractive and therefore rare.
Many states have responded to this by instituting or retaining multicameral
legislatures, in which all houses must pass legislation in the same form. The responsible house
is usually the most powerful, and is the only house with the actual power to terminate the government. Other houses, though, can often veto or at least delay controversial bills
, perhaps until the government's performance can be judged by the electorate
. They also provide additional forums for inquiry into the conduct of the executive. In addition, since the government's future is not at stake in other houses, members of the governing party or coalition in these houses can be freer to oppose particular government policies they disagree with. A second approach to curbing executive power is the election of the responsible house by some form of proportional representation
, as in the case of Australia and Japan. This often, but not necessarily, leads to coalitions or minority governments. These governments have the support of the legislature when their survival is at stake, but less absolute control over its proceedings.
A fusion of powers was specifically rejected by the framers of the American constitution, for fear that it tended to concentrate a dangerous level of power into one body. But other countries reject the presidential system for the same reason, arguing it concentrates too much power in the hands of one person, especially if impeachment
is difficult.
are somewhat separate from the legislature in their exercise of executive functions.
At the other end of the spectrum is the United States, with a strong separations mandated by its constitution. But even in this system, checks and balances result in some connections between the branches. For example, the legislature may exercise the power to impeach the executive or judges, the executive may exercise the power to veto actions of the legislature, and the legislature may exercise the power to override the executive's veto.
The French Fifth Republic
, a model known alternatively as a semi-presidential system or “mixed” presidential-parliamentary system, exists somewhere near the middle of the spectrum. Mixed systems are being adopted by some of the newer democracies in eastern Europe
.
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
, wherein the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and legislative branches
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
are intermingled. It is often contrasted with the more strict separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
found in the presidential democracies
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
. Fusion of powers exists in many, if not a majority, of democracies today, and does so by design. But the system was the result of political evolution in Britain over many centuries, as the powers of the monarch
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
and the upper house
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
withered away, and the lower house
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
became dominant.
The term fusion of powers is believed to have been coined by the British authority, Walter Bagehot
Walter Bagehot
Walter Bagehot was an English businessman, essayist, and journalist who wrote extensively about literature, government, and economic affairs.-Early years:...
.
Advantages and disadvantages
One advantage of a fusion of powers, according to promoters, is that it is easier for the government to take action. There exists virtually no way for there to be a deadlock in the manner that can sometimes occur where the legislature and executive are separated, but see the 1975 Australian constitutional crisis for an example. Senator Eugene ForseyEugene Forsey
Eugene Alfred Forsey, served in the Canadian Senate from 1970 to 1979. He was considered to be one of Canada's foremost constitutional experts.- Biography :...
of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, a country with fusion of powers, remarks that "in Canada, the Government
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
and the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
cannot be at odds for more than a few weeks at a time. If they differ on any matter of importance, then, promptly, there is either a new government or a new House of Commons."
The disadvantage with a fusion of powers, paradoxically, is the power it gives to the executive, not the legislative, arm of government. In a fusion of powers, the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
must have the confidence of a majority in the legislature. If the majority is made up of members of his (or her) own party, the head of government can use these supporters to control the legislature's business, thus protecting the executive from being truly accountable and at the same time passing any laws which are expedient for the government. A revolt by members of the government's own party (or, if the government is a coalition
Coalition
A coalition is a pact or treaty among individuals or groups, during which they cooperate in joint action, each in their own self-interest, joining forces together for a common cause. This alliance may be temporary or a matter of convenience. A coalition thus differs from a more formal covenant...
or minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
, by supporting parties) is possible, but party discipline
Party discipline
Party discipline is the ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. In liberal democracies, it usually refers to the control that party leaders have over its legislature...
, along with a tendency by many electorates to vote against unstable governments, makes such a revolt unattractive and therefore rare.
Many states have responded to this by instituting or retaining multicameral
Multicameralism
In contrast to unicameralism, multicameralism or 'polycameralism' is the condition in which a legislature is divided into several deliberative assemblies, which are commonly called "chambers" or "houses". This can include bicameralism with two chambers, tricameralism with three, tetracameralism...
legislatures, in which all houses must pass legislation in the same form. The responsible house
Responsible house
In parliamentary systems of government with multicameral legislatures, the responsible house is the legislative chamber to which the government of the day is accountable . A government remains in power as long as it retains the confidence of the responsible house....
is usually the most powerful, and is the only house with the actual power to terminate the government. Other houses, though, can often veto or at least delay controversial bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, perhaps until the government's performance can be judged by the electorate
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
. They also provide additional forums for inquiry into the conduct of the executive. In addition, since the government's future is not at stake in other houses, members of the governing party or coalition in these houses can be freer to oppose particular government policies they disagree with. A second approach to curbing executive power is the election of the responsible house by some form of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
, as in the case of Australia and Japan. This often, but not necessarily, leads to coalitions or minority governments. These governments have the support of the legislature when their survival is at stake, but less absolute control over its proceedings.
A fusion of powers was specifically rejected by the framers of the American constitution, for fear that it tended to concentrate a dangerous level of power into one body. But other countries reject the presidential system for the same reason, arguing it concentrates too much power in the hands of one person, especially if impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
is difficult.
Examples
The United Kingdom is generally considered the country with the strongest fusion of powers, but even there, the Prime Minister and the cabinetCabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
are somewhat separate from the legislature in their exercise of executive functions.
At the other end of the spectrum is the United States, with a strong separations mandated by its constitution. But even in this system, checks and balances result in some connections between the branches. For example, the legislature may exercise the power to impeach the executive or judges, the executive may exercise the power to veto actions of the legislature, and the legislature may exercise the power to override the executive's veto.
The French Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
, a model known alternatively as a semi-presidential system or “mixed” presidential-parliamentary system, exists somewhere near the middle of the spectrum. Mixed systems are being adopted by some of the newer democracies in eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
.
See also
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- Mixed governmentMixed governmentMixed government, also known as a mixed constitution, is a form of government that integrates elements of democracy, aristocracy, and monarchy. In a mixed government, some issues are decided by the majority of the people, some other issues by few, and some other issues by a single person...
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
- Responsible governmentResponsible governmentResponsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
- Separation of powersSeparation of powersThe separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...