In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. [1] The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. [2] [3] Specific examples include the South African Coloured vote constitutional crisis in the 1950s, the secession of the southern U.S. states in 1860 and 1861, the dismissal of the Australian federal government in 1975 and the 2007 Ukrainian crisis. While the United Kingdom of Great Britain and Northern Ireland does not have a codified constitution, it is deemed to have an uncodified one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
Constitutional crises may arise from conflicts between different branches of government, conflicts between central and local governments, or simply conflicts among various factions within society. In the course of government, the crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution; or to flout an unwritten constitutional convention; or to dispute the correct, legal interpretation of the violated constitutional law or of the flouted political custom. This was demonstrated by the XYZ Affair, which involved the bribery of French officials by a contingent of American commissioners who were sent to preserve peace between France and the United States. [4] The incident was published in the American press and created a foreign policy crisis, which precipitated the passage of the Alien and Sedition Acts. Opposition to these acts in the form of the Virginia and Kentucky Resolutions cited that they violated freedom of speech and exhorted states to refuse their enforcement since they violated the Constitution. [4]
When the crisis arises because the constitution is legally ambiguous, the ultimate resolution usually establishes the legal precedent to resolve future crises of constitutional administration. Such was the case in the United States presidential succession of John Tyler, which established that a successor to the presidency assumes the office without any limitation. Politically, a constitutional crisis can lead to administrative paralysis and eventual collapse of the government, the loss of political legitimacy, or to civil war. A constitutional crisis is distinct from a rebellion, which occurs when political factions outside a government challenge the government's sovereignty, as in a coup d'état or a revolution led by the military or by civilians.
This covers the Kingdom of Scotland, which became part of the Kingdom of Great Britain after 1707. For constitutional crises since then, see United Kingdom below.
While the United Kingdom of Great Britain and Northern Ireland does not have a written constitution, it is deemed to have an unwritten one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
The politics of Bulgaria take place in a framework of a parliamentary representative democratic republic, whereby the prime minister is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly. The Judiciary is independent of the executive and the legislature.
The Czech Republic is a unitary parliamentary republic, in which the president is the head of state and the prime minister is the head of government. Executive power is exercised by the Government of the Czech Republic, which reports to the Chamber of Deputies. The legislature is exercised by the Parliament. The Czech Parliament is bicameral: the upper house of the Parliament is the Senate, and the lower house is the Chamber of Deputies. The Senate consists of 81 members who are elected for six years. The Chamber of Deputies consists of 200 members who are elected for four years. The judiciary system is topped by the trio of the Constitutional Court, Supreme Court and Supreme Administrative Court.
The politics of Kenya take place in a framework of a presidential republic, whereby the president is both head of state and head of government, and of a multi-party system in accordance with a new constitution passed in 2010.
Politics in Portugal operates as a unitary multi-party semi-presidential representative democratic republic, whereby the Prime Minister of Portugal is the head of government, and the President of Portugal is the non-executive head of state which, although it is a somewhat ceremonial figure, has some significant political powers they exercise often. Executive power is exercised by the Government, whose leader is the prime minister. Legislative power is primarily vested in the Assembly of the Republic, although the government is also able to legislate on certain matters. The Judiciary of Portugal is independent of the executive and the legislature. The President exerts a sort of "moderating power", not easily classified into any of the traditional three branches of government.
In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in a presidential system of government, the head of state is generally constrained by the cabinet or the legislature in a parliamentary system, and most reserve powers are usable only in certain exceptional circumstances.
A motion or vote of no confidence is a motion and corresponding vote thereon in a deliberative assembly as to whether an officer is deemed fit to continue to occupy their office. The no-confidence vote is a defining constitutional element of a parliamentary system, in which the executive's mandate rests upon the continued support of the majority in the legislature. Systems differ in whether such a motion may be directed against the prime minister, against individual cabinet ministers, against the cabinet as a whole, or some combination of the above.
A convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all.
The prime minister of the Hellenic Republic, usually referred to as the prime minister of Greece, is the head of government of the Hellenic Republic and the leader of the Greek Cabinet.
The Eighth Amendment to the Constitution of Pakistan allowed the President to unilaterally dissolve the National Assembly and elected governments. The National Assembly of Pakistan amended the Constitution of Pakistan in 1985 and the law stayed on the books until its repeal in 1997.
The president of Pakistan is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. The presidency is a ceremonial position in Pakistan. The president is bound to act on advice of the prime minister and cabinet. Asif Ali Zardari is the current president since 10 March 2024.
The prime minister of Pakistan is the head of government of the Islamic Republic of Pakistan. Executive authority is vested in the prime minister and his chosen cabinet, despite the president of Pakistan serving as the nominal head of executive. The prime minister is often the leader of the party or the coalition with a majority in the lower house of the Parliament of Pakistan, the National Assembly where he serves as Leader of the House. Prime minister holds office by virtue of their ability to command the confidence of the National Assembly. The prime minister is designated as the "chief executive of the Islamic Republic".
A snap election is an election that is called earlier than the one that has been scheduled. Generally, a snap election in a parliamentary system is called to capitalize on an unusual electoral opportunity or to decide a pressing issue, under circumstances when an election is not required by law or convention. A snap election differs from a recall election in that it is initiated by politicians rather than voters, and from a by-election in that a completely new parliament is chosen as opposed to merely filling vacancies in an already established assembly. Early elections can also be called in certain jurisdictions after a ruling coalition is dissolved if a replacement coalition cannot be formed within a constitutionally set time limit.
The Thirteenth Amendment to the Constitution of Pakistan was a short-lived amendment to the Constitution of Pakistan, adopted by the Parliament of Pakistan in 1997 by the civilian government of Prime Minister Nawaz Sharif. It stripped the President of Pakistan of his reserve power to dissolve the National Assembly, and thereby triggering new elections and dismissing the Prime Minister. The Constitutional Amendment was supported by both the government and the opposition, and was thus passed unanimously. With the enforcing of this amendment, Pakistan's system of government was shifted from Semi-presidential system to Parliamentary democratic republic system.
The dissolution of a legislative assembly is the simultaneous termination of service of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assembly is chosen by a general election. Dissolution is distinct on the one hand from abolition of the assembly, and on the other hand from its adjournment or prorogation, or the ending of a legislative session, any of which begins a period of inactivity after which it is anticipated that the same members will reassemble. For example, the "second session of the fifth parliament" could be followed by the "third session of the fifth parliament" after a prorogation, but would be followed by the "first session of the sixth parliament" after a dissolution.
The prime minister of Tunisia is the head of the executive branch of the government of Tunisia. The prime minister directs the executive branch along with the president and, together with the prime minister's cabinet, is accountable to the Assembly of the Representatives of the People, to the prime minister's political party and, ultimately, to the electorate for the policies and actions of the executive and the legislature.
The prime minister of the Independent State of Samoa is the head of government of Samoa. The prime minister is a member of the Legislative Assembly, and is appointed by the O le Ao o le Malo for a five-year term. Since independence in 1962, a total of seven individuals have served as prime minister. The incumbent was disputed due to the 2021 constitutional crisis, when Tuilaʻepa Saʻilele Malielegaoi refused to accept the results of the 2021 general election. On 23 July 2021, the Samoan Court of Appeal ruled that the Faʻatuatua i le Atua Samoa ua Tasi (FAST) party had been in government since 24 May. Tuilaʻepa then conceded defeat, resulting in FAST party leader Fiamē Naomi Mataʻafa becoming prime minister.
The 16 May 1877 crisis was a constitutional crisis in the French Third Republic concerning the distribution of power between the president and the legislature. When the royalist president Patrice MacMahon dismissed the Moderate Republican prime minister Jules Simon, the parliament on 16 May 1877 refused to support the new government and was dissolved by the president. New elections resulted in the royalists increasing their seat totals, but nonetheless resulted in a majority for the Republicans. Thus, the interpretation of the 1875 Constitution as a parliamentary system prevailed over a presidential system. The crisis ultimately sealed the defeat of the royalist movement, and was instrumental in creating the conditions for the longevity of the Third Republic.
The Constitution of Uruguay is the supreme law of Uruguay. Its first version was written in 1830 and its last amendment was made in 2004.
The Provisional Constitution of the Federal Republic of Somalia is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. The Provisional Constitution was adopted on August 1, 2012 by a National Constitutional Assembly in Mogadishu, Banaadir.
The president of Armenia is the head of state and the guarantor of independence and territorial integrity of Armenia elected to a single seven-year term by the National Assembly of Armenia. Under Armenia's parliamentary system, the president is simply a figurehead and holds ceremonial duties, with most of the political power vested in the parliament and prime minister.
Samoa has been thrown into a constitutional crisis