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- Title
EL REFORZAMIENTO DEL GOBIERNO Y DE LA DERIVA PRESIDENCIALISTA DEL RÉGIMEN PARLAMENTARIO ESPAÑOL DURANTE LA PANDEMIA.
- Authors
GÓMEZ, DAVID PARRA
- Abstract
It is well known that the 1978 Constitution feared that the arrival of democracy would lead to a situation of political instability that would ultimately lead to its failure. This concern essentially had two consequences. On the one hand, that our parliamentary system responded to the English «prime ministerialism» model or the German «chancellor system», which personalises parliamentary confidence in the figure of the President of the Government --and not in the whole Cabinet--, to whom the Constitution confers a true primacy over his Ministers by granting him powers that other systems attribute, on the other hand, to the Government as a collegiate body. And, on the other hand, that the Constitution and, above all, the Regulations of the Congress of Deputies and the Senate include a series of institutional and legal pieces designed to consolidate governments and make them strong in their weakness, which have distorted in practice one of the essential functions of Parliament, that of controlling the Government, which has numerous «weapons» of dissuasion and defence to avoid this control. The health crisis provoked by Covid-19 has not only highlighted some of the main unresolved problems of Spanish democracy (such as the weaknesses of the social state, the bad behaviour of political parties, the serious imbalances in the territorial organisation of the state, and the deficient drafting of our crisis law, among others), but has also provoked or aggravated some of the main unresolved problems of Spanish democracy, It has caused or aggravated others, including the strengthening of the Executive Power (parallel to the decline of parliamentary legislative functions and control of the Government, which has gone so far as to be consented to by Parliament itself) and the presidentialist drift that had already characterised the Spanish parliamentary system. The purpose of this paper is to analyse some of the most significant examples of both trends.
- Subjects
CABINET system; POLITICAL parties; POLITICAL stability; UNITED States. Congress. Senate; EXECUTIVE power; COVID-19 pandemic
- Publication
Revista de Derecho Politico, 2023, Issue 116, p105
- ISSN
0211-979X
- Publication type
Article
- DOI
10.5944/rdp.116.2023.37154