Legislatywa i egzekutywa w prezydenckich i półprezydenckich systemach rządów
The Legislative and Executive Powers under the Presidential and Semi-Presidential Systems of Government

Summary/Abstract: The article deals with the issue of the relationship between the legislative and the executive powers underthe presidential and semi-presidential systems of government. The starting point is the followinggeneral remark. While the presidential system is characterized by a consistent or complete separation ofpowers, the semi-presidential system — being typically mixed with a parliamentary system — treats theprinciple of division of powers in a less restrictive way, allowing — just like a parliamentary system —various kinds of exceptions to the rigid separation of powers. Consequently, in both of these systems therelationships between the legislature and the executive are arranged somewhat differently. Under thepresidential system these relationships are kept to a minimum, and the collision between the legislatureand the executive occurs episodically and mainly in the context of competition between them, whereasunder the semi-presidential system various kinds of contacts between the legislative and the executiveare acceptable and more frequent. While the presidential system is generated by competition betweenpowers, the semi-presidential (and parliamentary) systems is based on the idea of cooperation of powers.Thus, under the general idea of cooperation the legislature and the executive much more likely enterinto various kinds of arrangements (eg. a legislative initiative of the government, the procedure forholding the government politically responsible). It should, however, be noted that both described systemsof government in its pure form are rare. Clear presidential system is in fact the political system ofthe United States, while the proper semi presidential system exists in the French Fifth Republic. Allother systems, conventionally classifi ed as one or the other category, are in fact more or less departurefrom them and rather form a wide range of neo-presidential or para-presidential regimes.

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