This page is part of the Australian Constitutional Information Site; Republic Issue pages

An Australian Republic - Thinking About the Drafting...

Extracts from the "Four Precedents", Topic 7:
Temporary replacement of President in the case of illness, incapacity, absence, etc

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 64 [Temporary Discharge]

(1) All of the Federal President's responsibilities, should he be prevented from their discharge, pass in the first instance to the Federal Chancellor. If the impediment lasts longer than twenty days or if pursuant to Article 60 (6) the Federal President is prevented from the discharge of his office, the President, the Second President, and the Third President of the House of Representatives acting as a committee shall undertake the responsibilities of the Federal President. The same applies if the position of the Federal President is continuously deficient.

(2) The committee entrusted with the exercise of the Federal President's functions according to Paragraph (1) decides by majority vote. Chairmanship of the committee and its public representation belong to the President of the House of Representatives.

(3) Is one or are two of the House of Representatives' Presidents prevented from the discharge of their responsibilities or is their position continuously deficient, the committee constitutes a quorum even without their participation; in the event of a tied vote, the President senior in rank has the casting vote.

Iceland

Article 8

If the Office of President of the Republic becomes vacant or if the President is unable to perform his duties because of a stay abroad, illness, or other reasons, the Prime Minister, the President of Althingi and the President of the Supreme Court shall exercise presidential authority. The President of Althingi shall preside at their meetings. In a divergence of opinion among them, the majority shall prevail.

Ireland

[Art 12, 3,1, cont.] [unless..] before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established to the satisfaction of the Supreme Court consisting of not less than five judges.

Article 14.

1. In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by a Commission constituted as provided in section 2 of this Article.

1. The Commission shall consist of the following persons, namely, the Chief Justice, the Chairman of Dáil Éireann (An Ceann Comhairle), and the Chairman of Seanad Éireann.
2. The President of the High Court shall act as a member of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unable to act.
3. The Deputy Chairman of Dáil Éireann shall act as a member of the Commission in the place of the Chairman of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the said Chairman is unable to act.
4. The Deputy Chairman of Seanad Éireann shall act as a member of the Commission in the place of the Chairman of Seanad Éireann on any occasion on which the office of Chairman of Seanad Éireann is vacant or on which the said Chairman is unable to act.

3. The Commission may act by any two of their number and may act notwithstanding a vacancy in their membership.

4. The Council of State may by a majority of its members make such provision as to them may seem meet for the exercise and performance of the powers and functions conferred on the President by or under this Constitution in any contingency which is not provided for by the foregoing provisions of this Article.

1. The provisions of this Constitution which relate to the exercise and performance by the President of the powers and functions conferred on him by or under this Constitution shall subject to the subsequent provisions of this section apply to the exercise and performance of the said powers and functions under this Article.
2. In the event of the failure of the President to exercise or perform any power or function which the President is by or under this Constitution required to exercise or perform within a specified time, the said power or function shall be exercised or performed under this Article, as soon as may be after the expiration of the time so specified.

Portugal

Article 132
Acting President

1. If the President of the Republic is temporarily unable to perform the duties or if there is a vacancy in the office before the installation of a newly elected President, the presidential functions shall be performed by the President of the Assembly of the Republic, or, if that person is unable to act, by his or her deputy.

2. The office of the President of the Assembly, or his or her deputy, are automatically suspended during the period when the holder of the office is acting as President of the Republic.

3. The President of the Republic, while temporarily unable to perform duties, shall maintain the rights and privileges inherent in his office.

4. The acting President of the Republic shall enjoy all of the honours and prerogatives of the office, but the rights available to him are those of the position to which he was elected.

Back to Thinking About the Drafting

Compiled by John Pyke, with a little help from DiDa!. Posted 24th December 2003.