Fusion of powers is a feature of some
parliamentary
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
forms of government where different branches of government are intermingled, typically the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive di ...
and
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
branches. It is contrasted with the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
found in
presidential,
semi-presidential and
dualistic parliamentary forms of government, where the membership of the legislative and executive powers cannot overlap. Fusion of powers exists in many, if not a majority of, parliamentary democracies, and does so by design. However, in all modern democratic polities the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
does not possess legislative or executive powers.
The system first arose as a result of political evolution in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
over many centuries, as the powers of the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
became constrained by
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
.
The term ''fusion of powers'' itself is believed to have been coined by the
British constitutional expert
Walter Bagehot
Walter Bagehot ( ; 3 February 1826 – 24 March 1877) was an English journalist, businessman, and essayist, who wrote extensively about government, economics, literature and race. He is known for co-founding the '' National Review'' in 185 ...
.
Pros and cons
One advantage of a fusion of powers, according to promoters, is that it is easier for the government to take action. There exists virtually no way for there to be a deadlock in the manner that can sometimes occur where the legislature and executive are separated. See, however, the
1975 Australian constitutional crisis
The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir ...
for a counter-example (regarding the dual executive nature of some parliamentary systems).
The disadvantage of a fusion of powers, paradoxically, is the power it gives to the executive branch, rather than the legislative branch. In a fusion of powers, the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a ...
must have the confidence of a majority in the legislature. If the majority is made up of members of one's own party, the head of government can use these supporters to control the legislature's business, thus protecting the executive from being truly accountable and at the same time passing any laws expedient for the government. A revolt by members of the government's own party (or, if the government is a
coalition
A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces.
Formation
According to ''A Gui ...
or
minority government
A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in t ...
, by supporting parties) is possible, but
party discipline, along with a tendency by many electorates to vote against
unstable governments, makes such a revolt unattractive and therefore rare.
Many states have responded to this by instituting or retaining
multicameral legislatures, in which all houses must pass legislation in the same form. The
responsible house
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive bran ...
is usually the most powerful and the only house with the actual power to terminate the government. Other houses, though, can often veto or at least delay controversial
bills, perhaps until the government's performance can be
judged by the electorate. They also provide additional forums for inquiry into the conduct of the executive. In addition, since the government's future is not at stake in other houses, members of the governing party or coalition in these houses can be freer to oppose particular government policies they disagree with. A second approach to curbing executive power is the election of the responsible house by some form of
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
, as in the case of
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
. This often, but not necessarily, leads to coalitions or minority governments. These governments have the support of the legislature when their survival is at stake but less absolute control over its proceedings.
A fusion of powers was specifically rejected by the framers of the
American constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
for fear that it would concentrate a dangerous level of power into one body. However, other countries reject the presidential system for the same reason, arguing it concentrates too much power in the hands of one person, especially if
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
and removal from office is difficult.
Examples
Australia
Australia has a partially Westminster-derived parliamentary system in which the executive branch is entirely composed of members of the legislative branch. Government ministers are required to be members of parliament—but the federal judiciary strictly guards its independence from the other two branches.
Canada
Canada, like other parliamentary countries using the
Westminster system, has a fusion between the executive and the legislative branches, with the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
and other
Cabinet ministers being members of Parliament. Senator
Eugene Forsey of
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
remarked that "in Canada, the
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
and the
House of Commons cannot be at odds for more than a few weeks at a time. If they differ on any matter of importance, then, promptly, there is either a new government or a new House of Commons." However, the two branches have distinct roles, and in certain instances can come into conflict with each other. For example, in June 2021, the
Speaker of the House of Commons directed a member of the public service to comply with an order of the House of Commons to share certain documents with the Commons, and the public servant has refused to do so. The federal government has announced that it will challenge the Speaker's ruling in the Federal Court.
Denmark
The
Danish government
The Cabinet of Denmark ( da, regering) has been the chief executive body and the government of the Kingdom of Denmark since 1848. The Cabinet is led by the Prime Minister. There are around 25 members of the Cabinet, known as "ministers", all of wh ...
relies on the
confidence of the parliament,
Folketing
The Folketing ( da, Folketinget, ; ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature ( parliament) of the Kingdom of Denmark—Denmark proper together with the Faroe Islands ...
et, to stay in power. If there is a successful
motion of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
against the government, it collapses and either a new government is formed or new elections are called. The executive branch thus relies on the legislative branch.
France
The current
French Fifth Republic provides an example of the fusion of powers from a country that does not follow the
Westminster system. Rather France follows a model known alternatively as a
semi-presidential system
A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has ...
or 'mixed presidential-parliamentary' system, which exists somewhere between
parliamentary democracies and
presidential democracies.
Israel
Israel has a Westminster-derived parliamentary system, in which the
Government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
is generally made up of members of the
Knesset
The Knesset ( he, הַכְּנֶסֶת ; "gathering" or "assembly") is the unicameral legislature of Israel. As the supreme state body, the Knesset is sovereign and thus has complete control of the entirety of the Israeli government (wit ...
, Israel's parliament. It is legally possible in Israel to appoint ministers who are not members of Knesset, but that is usually not done. By law, the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
and
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some countries, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president, ...
must be members of Knesset.
Sweden
The parliamentary system in Sweden has since its new constitution in 1974 instituted a fusion of powers whereby the principle of "popular sovereignty" serves as the guiding light of principle of government and forms the first line of the constitution.
United Kingdom
The United Kingdom is generally considered the country with the strongest fusion of powers. Until 2005, the
Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
was a full fusion of all branches, being
speaker in the House of Lords, a government minister heading the
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancel ...
and head of the judiciary.
See also
*
Constitutionalism
*
Constitutional economics
*
Mixed government
*
Parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over ...
*
Rule according to higher law
*
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive br ...
Notes
References
{{Constitution of Canada
Constitution of the United Kingdom
Political science terminology
Constitutional law
Separation of powers