An Australian Republic - Thinking About the Drafting...
Extracts from the "Four Precedents", Topic 4:
Term of legislature and President's power to dissolve it
This is one of the supplementary pages to Thinking About the Drafting. The purpose of these pages is explained in Four Precedents - Introduction.
Austria
Article 27 [Term]
(1) The legislative period of the House of Representatives lasts four years, calculated from the day of its first meeting but in any case until the day on which the new House of Representatives meets.
(2) The newly elected House of Representatives shall be convened by the Federal President within thirty days after the election. The latter shall be so arranged by the Federal Government as to enable the newly elected House of Representatives to meet on the day after the expiry of the fourth year of the legislative period.
Article 29 [Dissolution]
(1) The Federal President can dissolve the House of Representatives, but he may avail himself of this prerogative only once for the same reason. In such case the new election shall be so arranged by the Federal Government that the newly elected House of Representatives can at the latest meet on the hundredth day after the dissolution.
(2) Before expiry of a legislative period the House of Representatives can vote its own dissolution by simple law.
(3) After a dissolution pursuant to Paragraph (2) as well as after expiry of the period for which the House of Representatives has been elected, the legislative period lasts until the day on which the newly elected House of Representatives meets.
Iceland
Article 24
The President of the Republic may dissolve Althingi. A new election must take place before 45 days have elapsed since the dissolution was announced. Althingi shall convene not later than ten weeks after its dissolution. Members of Althingi shall keep their mandate until election day.
Ireland
Article 13,2....
2. Dáil Éireann shall be summoned and dissolved by the President on the advice of the Taoiseach.
3. The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.
Portugal
Article 133
Powers [of the President] with regard to other organs
The President of the Republic has the following powers in relation to other organs:
.....
e. To dissolve the Assembly of the Republic, subject to the provisions of Article 172, after receiving the opinions of the parties represented in the Assembly and of the Council of State;
Article 171
Legislative term
1. The legislative term lasts for 4 legislative sessions.
2. In the case of a dissolution, the newly elected Assembly shall start a new legislative term, the length of which shall be increased, at the beginning, by the time needed to complete the legislative session current at the date of the election.
Article 172
Dissolution
1. The Assembly of the Republic may not be dissolved during the 6 months immediately following its election, or during the last half-year of the term of office of the President of the Republic or during a state of siege or a state of emergency.
2. A decree of dissolution made in contravention of paragraph 1 shall have no legal validity.
3. A dissolution of the Assembly does not affect the continuance in the office of the Deputies or the powers of the Standing Committee until the first meeting of the Assembly after the ensuing election.
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Compiled by John Pyke, with a little help from DiDa!. Posted 24th December 2003.