comapring constitutional law components

consitutional document

• us: us consitution

• uk: not a central codified written document but a broad range of statutes, case law and customes

• germany: basic law

• france: the french consitution

insitutiins

us=

• executive headed by the president

• legislativ= congress

  • upper= senate

  • lower= house of representatives

• judiciary=us supreme court at the top

  • federal and state courts underneath

UK

• executive headed by the primeminister

• legislative= westminister parlaiment

  • upper= house of lords

  • lower= house of commons

• judiciary= 3 seperate ( scotland, england/wales and NI)

  • headed by the uk supreme court

germany

• executive headed by the chancellr (pm)

• legislative= federal parlaiment

  • upper= bundesrat

  • lower= bundestag

• judiciary= federal supreme courts at the top

  • state courts underneath

  • federal consitutional court seperately

France

• executive headed by the president (usually has power )

• legislative=

  • upper= senate

  • lower= national assembly

• judciiary= court of cessation and conseil d etat

  • split into civil and administrative

  • consitutional counseil not a court but seperate body

state structure and terriroty

• us= federal

  • terirorial subunits ie states derive their powers from the consitution

  • they cannot leave the federation

  • their powers cannot be unilaterally taken away by ordinary egislation

  • subunits have legislative and executive powers

  • federal law overides state law

  • powers are shared between federal and state governments

  • competitive federalism= seperation of powers

• germany= federa;

  • terrirorial sub units lander derive their powers fom the consitution

  • they cannot leave the federation

  • their powers cannot be taken away by ordinary legislation

  • sub units have legislative and executive powers

  • federal law overides state law

  • powers are shared between federal and state governments

  • copeprative federalism= work together

• uk= untary with devolution

  • terirorial subunits are establosed under assymetrical devolution

  • derive their powers from national legilation

  • subunits ie scotland have legislative executive powers but wales and ni have adminstrative only

  • but these can be taken away or restricted by rdinay legislation

  • state and sub units share there competences but state law overrides law made by the units

• frace= unitary with decentralisation

  • state is unitary but midly decentralised assymetrically

  • subunits are established under the consitution but their powers are regulated by national legislation

  • sub units have adminstrative powers only ie they can implement and adjust national legislation

  • but their powers can be taken away by th national legislation

  • they are under constant oversight of the state

state form

• us= reupublic

• uk= consitutional monarchy

• germany= republic

• france=republic

government form

• us= presidential

• uk= parlaimentry

• france= semipresidential

• germany=parlaimentry

head of state

• us = president

• uk= king/monarchy

• france= president

• germany= president

head of state elections

uk=

• not applicable= hereditary

us=

• indirect via electoral college

• 4 years renewable once

• each state directly elects a number of electors equal to its congressment (house + 2 senators)

• almost all states use first past the post systemto elect electors

• electors then vote for the president with the candidate recieiving absolute majority winning presidence (electoral vote not popular vote decides)

• otherwise house of representatives elects president

france=

• directly (used to be indirect electoral college)by universal suffrage

• term is 5 years renewable once consecutively

• elected by the absolute majority of votes cast

• run off round of 2 strongest using relative majority if not achieved

germany=

• indrectly through special body constructed just for election “ the federal convention)

• 5 years renewable once consecutively

• members of the bundetsag + equal number of representatives elected by the parlaiments of the states

• votes of the majority of the members of the federal convention is required

removal of head of state

• uk =

  • does not have discretionary power

  • is limited by parlaiment and the convention tjat he mst act upon the advice of the pm

• france= unsual

  • not accuntable to the legislature= indpendant mandate

  • can only be removed when found incapcitated by the ocnsitutional council or for breaches of mandate

• germany=

  • not accountable to parlaiment

  • can only be remvoed via impeachment procedure before the federal consitutional court with a 2/3rds majority of both chambers

  • intitated by ¼ of either chamber

• us=

  • not accountable to the legislature= indpendant mandate

  • can only be remved by an impeachment

  • initated by the house and tried by the senate with chief justice from the supreme court as president

  • requires 2/3rds majority

  • can be removed for incapacity wth vice president temporarily or permanently taken over

head of government

• us= president

• uk= primeminster

• germany=chncellor

• france= primeminster (limited power)

head of government allections GO OVER UNSURE HERE

• us =

  • head of gov= head of state so the same as stated above

  • inidrect= electoral college

  • electors elected state based using first past post

  • number of leecotrs= congressional membership

  • electors then vote for president using first past post woth absolute majority

  • if fails house of rep votes

• uk =

  • inidrectly through party majority

  • by convention

  • who has the majority of support in the house of commons/parlaiment will be appointed prime minister by the king

• germany =

  • president can propose who needs absolute majority

  • if unsuccesful bundetsag can propose for absolte majority

  • if still non whoever who recieives the votes of a majority of the members of the bunderstag (lower house) is elected

• france =

  • president appoints pm

government ministerial appointment GO OVER

• us=

  • president himself appoints secuteries

  • but he needs approvale of the senate for his nominees

• uk=

  • by convention the king approves the ministers recommended to him by PM

  • formal procedure= king never ignores advice

• germany=

  • appointed and dismissed by the president on the proposal of the chancellor

• france=

  • on the proposal of the pm the president appoints the other mmebers of gov

usual rule is head of state appoints on head of govs proposals other than us

government ministerial responsibility GO OVER

us=

• no miisterial responsibility

• president and secretatries have a seperate indpendant mandate

• relected by the fact the president is not elected with the congress but seperately

uk=

• uk cabinet is accountble to the house of commons

• ministers are embers of parlaiment either commons or lords

• can be removed by a vote of no conf by commons

germany=

• government accountable as a unit

• can be removed by vote of no confidence by bundetsag

france=

• government accountable as a unit

• the national assembly invokes the responsibility of the government by a vote on a motion of censure

• admissible if signed by 1/10th of the mmebers

• cooling of period of 48 hours required

• only votes in favour count (absteening doesnt mean yes)

• the prime minister may attach certain bills to a matter of responsibility of the government= it is adopted by default unless a motion of cenure is tabled within 1 day

lower chamber

• us= house of representatives

• uk= house of commons

• germany=bundestag

• france=national assembly

lower chamber members

• us=

  • 435 representatives

  • represent the people of the us

  • 2 year terms

• uk=

  • 650 members

  • represent the citiens of the uk

  • name refers to the communes ie the consituencies where they are ellected

• germany=

  • 630 members

  • members are represantative of the whole people

• france=

  • 577 deputies

lower chamber elections

• us

  • directly elected by the people for 2 year terms

  • single member consituency elections by the people of the state

  • the more inhabitants of a state the more representatives it

  • has but with a gurantee of 1 member tfor federal balance

  • small states are over represented

• uk=

  • directly elected by the people

  • single member consotuency elections every 5 years

  • first past the post system requiring relative majority

  • each seat representing each consituency

  • in case of tie luck of the draw

• germany=

  • directly elected by the people

  • mixed member proprotional elections

  • every 4 years

  • first vote is for a dandidate in each district requiring relative majority

  • each disitrict inner is entitled to a direct mandate ie a seat in parl

  • second vote for a certain party with candidates then chosen from a party list by the party itself

  • number of votes= share of seats it is the decider but need to get at least 5% thershold

  • seats given first to cosntuency winners; in case of excess cosnutency winners seats given extra and other extra are allocated to maintain propirtionality to other parties

• france=

  • direct single member constuency requiring absolute amjority with run off elections for relative

  • every 5 years

  • each departmnt and overseas equivalent is divided into districts and each district represented by one parlaimentarian

dissolution of the lower hamber

• us

  • not possible

• uk

  • early elections before the end of the 5th terms can be called by the adoption of a new statute calling for early elections

  • the monarh disolves the parlaiment with royal perogative

• germany=

  • if the bundestag does not manage to elect a chancellor with an absolute majority the president may dissolve the bundestag

  • if a motion of the chancellor for a vote of no conifendc is not supported by an absolute majority the president may dissolve the bundestag if the chancellor requests

• france

  • the president after consultation with pm and chambers declare the dissolution of the lower chamber

upper chamber

• us= senate

• uk= house of lords

• france= senate

• germany= bundersrat

upper chamber members

• us=

  • not directly elected

  • 100 senators= 2 from each state regardless of population size

  • reflects the unions federal character= small states have same voice as big states

  • 6 years with 1/3 of the senated being replaced every 2 years

• uk=

  • consists of lords

    • lords spirtuals who are bishops of the church of england and are appointed by the king on the advice of the prime minister

    • lords temporal are non clerical peeps split into life peers and hereditary peers (passed down been reduced by reform used to be alot more)

• germany=

  • consists of 69 members of the state governments

  • takes its ecisions with at keast a morority of its votes

• france=

  • 384 senators who represent the terririal enititles of the republic

  • term 6 years half releected after 3 years

upper chamber elections

• us:

  • direct single member consituency elections by the people of the state

  • elected for a term of 6 years with 1/3 relected every 2 years to allign with th census

• uk=

  • temporal life peers are appointed for their lifetime for different criteria recommended by th appintment commision

  • not elected by the citizens

• germany

  • not elected consists of members of the state government

  • members change when government in the states change

• france

  • inidrect electoral college vote

  • every 6 years with ½ every 3 years

  • the composition of the college ensures each departmnt representation of different terirroial entitile and the diversity of communities (department ministers ie)

dissolution of the upper chamber

• us

  • not allowed

• uk

  • impossible by convention

• germany=

  • not allowed

• france=

  • calling for new elections

bicameralism: can upper chamber be overriden

• us=

  • no house of rep and senate must concur

• uk=

  • yes a bill that has originated in the commons can be reffered for royal assent even without lords approval

  • bills that originate in lords cannot be adopted without lords approval

• germnay

  • yes unless concurrence is required ie lander competences (bunderstag get the final say if in dispute )

• france

  • yes but with exceptions

representation of sub units

• us=

  • in the senate upper chamber as equal

• uk=

  • none

• germany=

  • bundersrat (3 to 6 votes depending on the population size= must vote in bloc showing states are in unity )

• france=

  • senate

election systems summary

• us

  • both chambers through direct relative majority

• uk

  • house of lords indirectly

  • house of commons directly elected via single member consituencies relative majority

• germany

  • lower house driectly mixed member proportional representation

  • upper house indirectly by members of the parlaiments of the states

• france

  • upper houseinidreict by electoral college

  • lower house directly first round absolute majority second round relative majority

motions of no conifdence type

• us =

  • doesnt exist

  • impeachmen possible where the president is tried by senate for criminal charges not poltical disagreement

• uk=

  • vote of no conifence

  • vote against the prime minister or ministers (inidual or unit)

  • no prcedural requirements just unhapiness

  • passed by simple majority (those present at time over 50%)

  • if succesful ministers must resign '; if pm new party leader appointed

• germany=

  • constructive vote of no confidence against gov as a unit

  • expressed by the bundestag by electing a new chancellor by absolute majority

  • then request to president to dismiss the current chancellor + executive

  • cooling off period of 48 hours between motion and election

  • cannot dismiss without a new one already in place

  • president must dismiss the chancellor and gov and appoint the newly elected chancellor

• france=

  • motion of censure

  • signed by at least 1/10th of national assembly against governent as a unit

  • cooling off period 48 hour between notin and vote

  • motiin must be oassed by absolute majority

  • pm must tender reigination of gov to the pres

questions of confience = when pm calls it

• us

  • none allowed

• uk

  • ministers resign ‘voluntarily’ after loss of confience with commons

• germany

  • motion filled by the chancellor must be supported by absolute majoirty of the lower for him to stay in offcie

    • if it is not he can ask the president for a new ellection or stay in office

    • the president has the power to decide to keep him in office or call for early election within 21 days

    • or the bundestag can appoint a new chancellor within 21 days from the question by absolute majority then the former chancellor and gov must resign

  • 48 hour cool of between

• france=

  • the government pm may make a bill a matter of confidence then the bill is considered adopted unless motion of censure within 24 hours

    • only applies to government policy statement, bill on social security or finance, or one other bill per session

  • if motion of censure is made the gov must tender resignation

ministerial accountability

• us

  • none seperate mandates

• uk=

  • inidual and collective

• germany

  • collectvie

• france=

  • collective

parlaimentary investirutre

• us

  • none

  • senates consent is neede for nomination of ministers and fed judges but president picks

• uk

  • none only held accountable after

  • by the moanrchy

• germany

  • yes as elected by bundetsag

• france=

  • no as indirectly elected by the pm

parlaimetry immunity

• us

  • yes congressment sppech or debate in the work of congress is protected

  • also shieded from arrest during their attendance of a session

  • may be punished intenrnally for disordly behavioir and even be expelled with a 2/3rds majority

• uk

  • commons and lords protected from legal action for what they say in debate

  • however may be disciplined internally by a parlaimtry comittee and suspended or expelled

  • do not enjoy immunity from legal action against them for anything unrelated to parl work

• germany

  • member of lower may not be prosecuted due to his voting or because of a statement made during work

  • does not apply to defamatory insults

  • proseution due to punishab acts outside of work are regulated by basic law

• france=

  • no mmeber of parl may be procecuted absed on ecercise of functions in parl

  • other than that member can be rosecuted with authorisation from chamber he belings

  • exceptions to authrisation include crime of misdemanous or final convctions

residual legislative power

• us

  • state have all powers not delegated by consuttion to us nor prohibited by it

• uk=

  • devolution= parlaiment adopts staute creating sub national authorities with legislative powers ie scotland

  • assymetrical scotland vs wales and ni

  • palriment will by cnvetion only legislate deovled matters if its paliment accepted a sewel motion expressly inviting p to legislate

• germany=

  • areas of conucrrent leg power they may legislate as lng as fed have not already

  • states adopt regulations that deviate from fed in areas laid down

• france=

  • under conditions of a statute the terirroial enititles posses regulatory adminstartive powers for tje excercise of their competences

  • this was given by the nation can be taken away

  • under organic statute terirrial enitties may degrogate on an experimental basis from stat provisions governing the excercise of their competences

leg inititiatives bills introduced first

• us

  • both house of rep for tax bills and senate for everything else have leigslatie intitiative not the president

  • limitatios on intitiative by either house of congress can be seen

• uk=

  • the king in parl the acting monarch with the adice and consent or the house of lords and the house of commons

  • by convention te oanrch does not refuse assent so parl is effectively the law maker

• germany=

  • most bills are drafted and introduced by the bundestag

• france =

  • initiatives for statutes with nationl competence lies with the priminister and both chambers

  • restricted leiglsative competences are by the government only

bills introduced second

• us

  • either chamber

• uk=

  • either chamber

• germany

  • bundersrat (upper)

• france

  • either chamber

legislative procedure

us=

• both houses may initate a bill

• bill is dscussed in a commitee for detailed consideration

• discussed amended and finally voted on the flor in chamber it iitated in

• then reffered o second chamber that approves or disapproves bill

• reffered to the president and if he signs it the bill passes

uk=

• in amost all cases the commons can refer a bill for royal assent even without lords approval therefore it is the crcuial legislative chamber (unless it came from lords)

• first reading given notice of the bill

• second reading debate on main prciniples

• comittee scruitny and ammendments

• committe report considered proposed amendments approved or rejected

• third reading bill debated and voted on

• bill goes to the other chamber for the same procedure

• if both approve it is reffer for royal assent which is never rejected

germany

• introduced by lower house after 3 readings and a simple majority

• goes to the upper house and if rejected by absolute majority goes back to the lower house

  • can be override with a 2/3rds majority making the bill law

• if rejected when there consent is needed the bill fails and no ovveride possible

france=

• council of state and council of ministers frst recieve government bills to check

• bills must pass both hambers to be adopted

• pm can choose to which chamber it goes firsts

• goes to national assembly if its a financial or social scurity bills with a cooling off period of 6 weeks

• goes to senate if its a bill on terirrial sub units with cooling of of 15 days

power of ammednment for a bill

• us

  • both chambers

• uk

  • house of commons may amend

  • lords may propose but final control with commons

• germany=

  • the lower house directly

  • consent committe can propose ammendments to ease acceptance

  • upper house cannot ammend directly but only call for a conciliation comittee or object ammendment

• france

  • gov and both chambers can propose

  • government can push parlaint to adopt a bill by tyin a question of confidence and vote bloque

amendment of the cnsitution

• us

  • 2/3rs of both chambers or legislatures of 2/3 of the states

  • requires ratification of ¾ of the state legislatures

• uk

  • no formal consiutional procedure

  • it evolved through ordinary law ie statutes case law conventions

• germany

  • ammendment must be made by statute

  • intitiative can come from upper lower or federal government

  • requires 2;3rds of each chamber

  • some pricniples are unamendable

• france

  • intitive by the president on proposal of the pm or members of parlaiment

  • both hcmaber must pass on identical terms

  • adopted via referdum or 3/5ths of parlaiment together

forever clause in us germany saying terirries cannot be deprved from participation or in general

forever clause in france saying republican form cant be changed

veto

• us

  • both chambers and president have absolute veto

  • presidntial veto can be overriden with 2/3rds cogngress majority

  • president has pocket veto= 10 working days supensive if cngress adjourned

• uk

  • house of commons may override the lords absolute

  • lords is suoensive and can be overriden

• germany=

  • bunderstag has absolute veto to overule bundersat in ordinar leg procedure

  • bundersrat has absolute veto over their concureences but suspensive over anything else which can be overruled

• france=

  • national assembly have absolute can be asked for a final decision by government with purpose of overruling senate when disagreement

  • senate is supesnive can be ovveruled when gov requests na for final decisions other than bills regarding itself

veto against bills of head of state

us

• yes but it can be overridem

• if president doesnt approve and sends t back. ifboth houses ahve 2/3rds majority it overrides presidential veto and becomes law

uk

• no by covnention (doesnt say no)

germany

• yes if a bill is unconsitutional

france

• no

court system

us= seperate

• dual court syste= state and federal running parraellel

• 51 court systems= 50 state court system each with own hierarchy+ 1 federal court system

• federal cpurts hear spceified cases only= fed law consitutional issues and state disputes

• supreme court has riginal jurisiction in limited cases otherwise aminly apellete

uk = unified at the top

• three seperate cpurt systems

• unfieied hierarchy within each terriroty for the supreme court unless criminal matters in scotland

germany = together co op

• 5 federal supreme courts each heading a specialised jurisitction

• state courts hear cases at lower levels and fed supreme court ensure unifomr app of federal law

• federal consitutional court is seperate from all 5 and is supreme on consiutional matters

• superior to all fed courts state courts an state consitutional courts

france

• dual paprrell court hierachies but based on subject matter not federal principle

• adminstrative with council of state at top

• ordinary for civil and criminal with court of cassation at top

• consitutional council seperate from ordinay legal system has court like characteristics but is consitutional body

appointmet of judges

• us

  • judges are nominated by the president and confirmed by the senate = poltical checs

  • usually life tenur

• uk

  • appointed by an indpendant judciial appointment comission since consitutional reform 2005

  • chancellor is legally obliged to act on comissions recommendations and has very limited power to reject or ask for reconsideraition

• germany=

  • federal consitutional court composed of federal judges is apointed half by lower and half by upper

  • other federal suprem courts appointed by a judicial selection commite consisting of federal minister of justice ministers from lander and an equal number of lower house members

• france

  • consitutional councol by president of state president of lower and president of upper

  • ordinary courts by the high council of the judiciary presided over by the president

who can apply judcial review

us

• there is judicial review estbalish in marbury v madison

• any indidual or entity with standing = must be an actual case with personal harm

• all federal courts may excercise judicial review

• supreme court has original jurisiction in cases of states but mostly apellate jurisiction

uk

• there is judicial review but not for acts of paliamant due to parlaimentry sovereignty

• it is limited to executive action, secondary legislation and decisions of public bodies

• anyone with ‘ suffcient interest’ can apply

germany

• yes very strong judicial review through fed const court

• inidduals can directly thouh consitutional complaint

• federal gov federal organs either chamber and courts can apply

france

• yes through the conitutional council

• before promulgation the president pm or preidents of chambers or 60 members of either chamber

• after promulgation induals can indirectly when there cases are referred by the ordinary courts through qpc since reform

type

• us

  • ex post review only= review laws after they have enteres into force

  • no abstract or pre legislative review

  • only concrete review through real case or controversy

  • decentralised over all federal courts

• united kingdom

  • not applicable cant review leg

• germany

  • ex post only

  • both concrete review thorugh ordinary courts refers a law

  • abstract review from fed gov lander gov or ¼ bunstag

  • centralised in conitutional court

• france

  • both ex ante and ex post

  • ex ante abstract triggered by president pm presidents of chambers or 60 members from either chamber

  • ex post concrete since 2008 reform indiduals may challenge indirectly through ordinary courts who go to consitutional counseil

  • centralised in the council of state

consitutional review procedure

us=

• all courts may review the conitutioanlity of statutes when deciding a case

• review is diffuse not centralised

• the us supreme court excercises discretion and selects only a small number of cases of consitutional importance

uk=

• no power to invalidate acts of parlaiment due to sovereigntt

• courts may issue declarations of incompatibility with hra but this does not affect validity of sttaute

• parl has discretion to amend or ignore

• courts must as far as possible interpret leg in confirming with the echr

germany

• concrete norm control= ordinary courts cannot declare a statute unconsititional , if a doubt arises it must pause proceedings an refer question to consitutional court

• abstract norm= brught by fed gov state gov or ¼ bundestag after promulgation

• induals may challege act of public authority= must show direct and personal infringement of rights

france=

• ex ante review= mandatory for organic laws and optional for ordinary laws

• ex post review= indiduals raise consitutional issues during proceedings and lower cpurts must refer to highest admin and crimcivil court

• these courts filter cases before referral to consitutional council

consequences of jr

us

• if a statute is unconsitutional judges do not apply it in that case

• it is not taken of the law books but lower courts wont apply it in future cases

• congress may repeal or pass a new statute

uk

• courts cannot strike down acts of parl

• if a law in incompatible with echr issue a declaration

• parl may amend the law or may leave it

germany

• if a sttaute is unconsitutional it is declared null and void

• quased retroactively in case of criminal law violations for justice

• taken off law books

• laws not yet uncosnitutional may be warned as potentilly invalid in future

france

• ex ante= statute declared unconsitutional before = wont be enacted

• expost= satute is null and void and ceases to have effect from that decision stopping choas of claims when applied to past

• taken off law books

constitutional ammendment

us

• consiution can be ammended tho rigid procedure

• 2/3rds both chambers of congress or a consitutional convention called by 2/3rds of states

• requires ¾ ratiication from states

• ammendment is annexed= rginal text remains amednments count as part of the consitution

uk

• yes easily as if ordinary law through acts of parlaiment

• no codified consitution

germany

• yes must be done by statute to expressly amend or supplement basic law

• requires 2/3 of both chambers

• crtain core principles cant be ammended ie federal particpation

france

• yes by intiative of the preident on pms proposal or by members of parl

• bill must be adopted by both chambers in identical terms then referdum

• gov bills bypass referduif 3/5ths majority of both chambers

human rights

us

• bill of rights + amendments

uk

• humanroghts act 1998 transposing echr + various sttautes

germany

• basic law chapter 1 fundamental rights

france

• preamble of consitution + declarations of the right of man and citizen

treaties

us

• monsism= treaties are supreme law of the land but only self executing treaties can be invoked directly in courts

• non self executing treaties require implementing legislation by congress

• consitution fed law and treaties ranked at same level

• seesinternation as part of national

• courts can review both treaty provisions and consitutionality

• supreme court can strike down statutes conflicting with self executing

• newer statutes may override older treaties if conflicts arrise

uk

• dualist= treaties dont auto ovveride national law and must be transposed into uk law to have effect

• hra transposed echr into domestic law

• courts may declare incompatiblity and interpret leg in light of hra

• treaties cannot override acts of parl

germany

• qualified monism= treaties can take precidence over ordianry law if ratified and self executing

• complex treaties need implementing leg

• echr can be directly invoked in courts

• court may review consitutionality and treaty complaince

• jus coge norms are directly applicable and binding

france=

• monism= treaties take precedence over national law once ratified and published

• consitution cannot be overriden if conflict the consituiton prevails

• must be ratified by parl before becoming binding

• self executing can be directly invoked

• courts can review statutes agsin treaties

• jus cogens binding

• complex may require enabling leg

• consititional council may be asked to verify comaptibility of proposed statutes with treaties before promul

supremacy

us

• consitution is supreme

• international federal treaties cn ovveride ordinary law if self executing but congress can pass later conflcting stautes

uk

• no single written consitution= all rules on same level = acts of parl supreme

• no eu law supremacy after brexit but gra 1998 still in froce

• before eu law supremacy as parl conferred rights

germany

• consitution is supreme

• international law is allowed if compatible and ratified

• eu int law supremacy recognised with limits

france

• consitution is supreme

• int treaties may overrid ordinary law if ratified

• consituion allow trasnfer of competences to international organisations but no europe specific clause

referenda

us

• no federal referdum but is state referndum if consitutions allow

uk

• parlaiment free to call binding or non bidning refernda

• brexit was binding scotland was not bining

germany

• only for restructing state terrioties

• rare usually handled at lander level

france

• president may call referdum

• consitution allows referndum to approve leg or consitutional ammendments

war emergenies and disasters

us

• president is commander in cheif and congress aproves military budget

• special legislation grants president extra ordinary powers

• no detailed cosnitutional rules

uk

• delaring war is a royal perogratve

• government informs parlaiment

• emergency powerd act regulates emergencies

• parlaiment may extend power 4 monts for doaster/ emergency

germany

• state of defence in basic law

• internal emergencies reguated

• deployement abroad requires parl info/approval

• extra ordinary powers exist fo states of emergency that are regulated in advance

france

• president may declare emergency and excercse eceptional powers

• powers granted to executive in cases of crisis subject to limits