Constructive Motion of censure

See also: Censure (homonymy)

The constructive Motion of censure is a motion of censure which must automatically envisage a Head of government to replace that she proposes to reverse.

This type of motion, invented by the Fundamental law of Germany, prevents all thus coalition of circumstances between parties which, once the voted censure, could not agree on the name of a new chief of the Government.

It is the direct consequence of the governmental instability of the Weimar Republic where the communist and the Nazis passed an alliance of circumstances to reverse the governments which followed one another a frantic rate then.

At present, only the Belgium (article 96 of the constitution), Germany and the Spain practice this type of motion. It should be noted that in Finland, motions of censure are constructive de facto , the Prime Minister being elected by the Eduskunta, which suggests a coherent majority.

Thus, the devoted formula is: " One reverses a Government only in the remplaçant". The constructive motion of censure was to date used only twice and always in Germany (see below).

Use in FRG

The constructive motion of censure was used twice since the creation of FRG:

  • on April 27th, 1972, the group CDU/CSU proposes Rainer Barzel to replace the chancellor Willy Brandt and fails of little.
  • on October 1st, 1982, Helmut Kohl (CDU) is elected chancellor in the place of Helmut Schmidt (SPD).
The victorious chancellor has in the two cases put a question of confidence shortly after with an aim of causing new elections. Willy Brandt and Helmut Kohl has every both summer re-elected at the time of these anticipated elections.

Additional details

  • Parliamentarism rationalized

In France, one speaks about " vote défiance": the motion of censure, on the same principle that in addition to the Rhine, cannot take place that if there exists already a candidate for the executive, having the confidence of the Parliament. This makes it possible to avoid any vacancy of the capacity.

It is as to note as in the majority of the cases, there exists a time between the initiative of the vote of distrust (motion of censure), and itself votes it, 2 days deadline in the case of France, which makes it possible to avoid a hot vote, under the empire of passions, rather than of the reason, " The night carries conseille".

Random links:Cycle Chronicles of Alvine the Maker | Bétika | Blini | Apodemus chevrieri | Elect Hobbs | Les_carriers