The censure motion: Constructive or obstructive?

Authors

  • Fernando Simón Yarza

Keywords:

Vote of no confidence, constructive vote of no confidence, parliament, parliamentarism, parliamentary control, parliamentary government, separation of powers, democracy, constitutional reform

Abstract

At the end of the Weimar Rrepublic, the political instability caused by the parliamentary inefficiency to grant a solid confidence upon the different governments led to the reconsideration of a classical parliamentary institution: the vote of no confidence. Ddeparting from those first reflections, Aarticle 67 of the Bbonn Bbasic Law established the so-called «constructive» vote of no confidence, a figure that was later adopted by Aart. 113 of the Spanish Constitution. Since then, this way of understanding the institution —an exception among the different Cconstitutional systems— has been defended alleging the serious problems that may be avoided. Nnevertheless, it has also been criticized for the serious burdens that puts before the task of overthrowing weak governments. Tthe following pages seek to examine the reasons for and against the constructive vote of no confidence and to reach a judgement upon the convenience of mantaining it.

Issue

Section

STUDIES