Мемлекет басшысының резервтік өкілеттері

Executive power in some governments

In a parliamentary or semi presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state (or their representative) without the approval of another branch or part of the government. Unlike in a presidential system of government, the head of state (or their representative) is generally constrained by the cabinet or the legislature in a parliamentary system, and most reserve powers are usable only in certain exceptional circumstances.

In monarchies with either an uncodified or partly unwritten constitution (such as the United Kingdom or Canada) or a wholly written constitution that consists of a text augmented by additional conventions, traditions, letters patent, etc., the monarch generally possesses reserve powers. Typically these powers are: to grant pardon; to dismiss a prime minister; to refuse to dissolve parliament; and to refuse or delay royal assent to legislation (to withhold royal assent amounts to a veto of a bill, while to reserve royal assent, in effect, amounts to a decision to neither grant nor refuse assent, but to delay taking a decision for an undetermined period). There are usually strict constitutional conventions concerning when these powers may be used, and these conventions are enforced by public pressure. Using these powers in contravention of tradition would generally provoke a constitutional crisis. Most constitutional monarchies employ a system that includes the principle of responsible government. In such an order, the reserve powers are thought to be the means by which the monarch and his or her viceregal representatives can legitimately exist as "constitutional guardians" or "umpires", tasked with guaranteeing that Cabinet and parliament adhere to the fundamental constitutional principles of the rule of law and responsible government itself. Some constitutional scholars, such as George Winterton, have stated that reserve powers are a good thing in that they allow for a head of state to handle an unforeseen crisis and that the use of convention to limit the use of reserve powers allows for more gradual and subtle constitutional evolution than is possible through formal amendment of a written constitution. Others, such as Herbert Evatt, believe or believed that reserve powers are vestigial and potentially open to abuse. Evatt felt that the reserve powers could be codified and still serve their intended function in a responsible government system, there was speculation on the potential exercise of vice regal reserve power by Campbell, in dismissing the premier in the absence of a parliamentary motion of no confidence. Ultimately, Campbell was praised for his handling of the undesirable situation. These are among several exercises of the reserve powers in Australia in the 20th century at state and federal levels.

The reserve powers in Canada fall within the royal prerogative and belong specifically to the monarch, as the Constitution Act, 1867, vests all executive power in the country's sovereign. King George VI in 1947 issued Letters Patent permitting the governor general "to exercise all powers and authorities lawfully belonging to Us [the monarch] in respect of Canada." The reserve power of dismissal has never been used in Canada, although other reserve powers have been employed to force the prime minister to resign on two occasions: The first took place in 1896, when the Prime Minister, Sir Charles Tupper, refused to step down after his party did not win a majority in the House of Commons during that year's election, leading Governor General the Earl of Aberdeen to no longer recognize Tupper as prime minister and disapprove of several appointments Tupper had recommended. On the second occasion, which took place in 1925 and came to be known as the King–Byng affair, Prime Minister William Lyon Mackenzie King, facing a non confidence motion in the House of Commons, advised the Governor General, the Viscount Byng of Vimy, to dissolve the new parliament, but Byng refused. At the provincial level, on 29 June 2017 Lieutenant Governor of British Columbia Judith Guichon used her reserve powers to deny the request of Premier Christy Clark to dissolve the legislature and call a new election only 51 days after the recent provincial election. Clark had advised Guichon to dissolve the legislature as, in her view, the appointment of a Speaker would have resulted in frequent tie votes and an untenable position. Guichon refused this advice and instead asked John Horgan to form a government, becoming the new premier. No modern governor general has disallowed a bill, though provincial lieutenant governors have. Peter Hogg, a constitutional scholar, has opined that "a system of responsible government cannot work without a formal head of state who is possessed of certain reserve powers." Further, Eugene Forsey stated "the reserve power is indeed, under our Constitution, an absolutely
essential safeguard of democracy. It takes the place of the legal and judicial safeguards provided in the United States by written Constitutions, enforceable in the courts."

New Zealand's early governors, the predecessors of today's governors general, exercised considerable power, with exclusive authority over some matters such as foreign and Māori affairs. They also had a real choice in selecting premiers – parliaments of the period being composed of independent members who formed loose and shifting factions – and were not always obliged to act on the advice of their ministers. As New Zealand's political system matured, the Colonial Office increasingly instructed the governors to follow the advice of local ministers, and the powers of the office have continually shrunk. Important remnants of these early powers remain. The governor general has a number of reserve powers, which may be used on behalf of King Charles III. Sir Kenneth Keith describes the use of these powers as based on the principle that "The Queen reigns, but the government rules, so long as it has the support of the House of Representatives". The most visible reserve powers are the power to appoint a prime minister and the related power to accept a prime minister's resignation. This power is exercised every time a general election results in a change of government, most recently in 2023. It may also be exercised if a prime minister loses the confidence of Parliament and resigns instead of advising a dissolution of Parliament; the last such occasion was in 1911. Finally, it may happen if a Prime Minister is maneuvered out of their position by their own party, retires or resigns for personal reasons, or dies in office. Though the power of appointment is listed among the reserve powers, in fact the governor general abides by strict conventions, and has always appointed the leader of the dominant faction in the House of Representatives. The governor general retains the theoretical power to appoint as prime minister a member of the House of Representatives who clearly does not have the support of a majority of MPs, but no governor general has sought to use this power since New Zealand gained responsible government, though some cabinets in the 19th century proved extremely short lived. In earlier times, if a prime minister died, became incapacitated, or resigned unexpectedly, a governor general might be able to choose a temporary prime minister from among several senior ministers, while the governing party decided on a new leader who would then be duly appointed prime minister. Today, however, the practice of appointing – on prime ministerial advice – a permanent deputy prime minister, who becomes acting prime minister when needed, has largely removed even this discretion from the governor general. The governor general has a number of other legal powers. They may dismiss an incumbent prime minister and Cabinet, an individual minister, or any other official who holds office "during the King's pleasure" or "during the Governor General's pleasure". Others, such as Professor Philip Joseph, believe the Governor General does retain the power to refuse royal assent to Bills in exceptional circumstances such as the abolition of democracy. A similar controversial power is the ability to refuse to make Orders and regulations advised by the Government or by individual Ministers. There have been a handful of occasions when reserve powers were used, or at least considered. In the 1890s, Premier John Ballance advised the Governor to make several new appointments to the (since abolished) Legislative Council. Two successive Governors, the Earl of Onslow and the Earl of Glasgow, refused to make the appointments, until the Colonial Office intervened in Ballance's favour. This incident markedly reduced the discretionary powers of the Governor. Though these remained the same in law for the time being, later Governors and governments considered that there would be far fewer scenarios in which their use would be appropriate. Almost a century later, in 1984, there was a brief constitutional crisis. The outgoing Prime Minister, Sir Rob Muldoon, had just lost an election, but refused to advise the Governor General, Sir David Beattie, to make urgent regulations desired not only by the incoming Prime Minister, David Lange, but also by many in Muldoon's own party and cabinet. At the time, the option of Beattie dismissing Muldoon and replacing him, without waiting for Muldoon's resignation, was reportedly discussed. Muldoon eventually relented under pressure from his own cabinet, making the use of Beattie's reserve powers unnecessary.

A constitutional crisis occurred in Saint Kitts and Nevis in 1981, when the governor, Sir Probyn Inniss, used his reserve powers to refuse assent to a bill passed by the government of Sir Kennedy Simmonds, the country's premier. Inniss believed that the bill was unconstitutional, and would soon be struck down by the West Indies Associated States Supreme Court. The situation was resolved when Queen Elizabeth II, at the request of Simmonds, terminated Inniss's commission as governor.

The Constitution of Tuvalu provides, in article 52, that the Governor General exercises his powers "only in accordance with the advice of (a) the Cabinet; or (b) the Prime Minister [ ] except where he is required to act (c) in accordance with the advice of any other person or authority [ ] or
(e) in his own deliberate judgment (in which case he shall exercise an independent discretion)". In 2013, Governor General Sir Iakoba Italeli was requested by the Opposition to act without (and indeed against) the Prime Minister's advice. On 28 June, Prime Minister Willy Telavi's government had lost a crucial by election, which gave the Opposition a majority of one in Parliament. The Opposition immediately called for the government to reconvene Parliament, so that a motion of no confidence could be introduced, and a new government formed. Prime Minister Telavi responded that, under the Constitution, he was only required to convene Parliament once a year (for a vote on the budget), and was thus under no obligation to summon it until December. The Opposition turned to the Governor General. On 3 July, Italeli exercised his reserve powers in ordering Parliament to convene, against the Prime Minister's wishes, on 30 July. In the end, the Governor General dismissed the Prime Minister from office.

Unlike most other constitutional monarchs, the Emperor of Japan has no reserve powers. Following Japan's defeat in World War II, the Emperor's role is defined in Chapter I of the 1947 Constitution of Japan, as decided by the foreign powers that had defeated the country. It states that sovereignty rests with the Japanese citizenry, not the Emperor who is merely the symbol of the State and the unity of the people.

The Yang di Pertuan Agong (the elected supreme federal ruler, commonly glossed as “King”) has no reserve powers. Article 40 of the Malaysian constitution specifies only three powers of the Agong: to reject a request to dissolve Parliament, to convene a meeting of the Conference of Rulers; and to appoint the Prime Minister, whom he has no power to dismiss.

Much like the Emperor of Japan, the King of Sweden does not have any constitutional responsibility for the governance of the Realm, with strictly ceremonial and representative functions remaining. Under the 1974 Instrument of Government, the supreme executive authority is the Government (composed of the Prime Minister and other cabinet ministers), which is responsible to the Riksdag. The King, however, is not subordinate to the Government and thus could play an independent role as moral authority, but the prevailing convention, expressed in the preparatory works of the 1974 Instrument of Government, is that the King should stay away from anything which could reasonably be interpreted as partisan politics or criticism of the Government in office.

Reserve powers can also be written into a republican constitution that separates the offices of head of state and head of government. This was the case in Germany under the Weimar Republic and is still the case in the French Fifth Republic, the Italian republic, and the Republic of Ireland. Reserve powers may include, for instance, the right to issue emergency legislation or regulation bypassing the normal processes. In most states, the head of state's ability to exercise reserve powers is explicitly defined and regulated by the text of the constitution.

The President of Bangladesh must consult with the Prime Minister for all decisions except the appointment of the Prime Minister and the Chief Justice. However, the President has the authority to dissolve the government or parliament, grant pardon to criminals,

During the regime of the caretaker government, the President's power expanded dramatically; In 1962, the Council of State ruled itself incompetent to judge measures of a legislative nature issued by the President under Article 16. In his book, Le Coup d'État permanent (The Permanent Coup), François Mitterrand criticized Article 16 for allowing an ambitious politician the opportunity to become a dictator. However, he made no move to put away his reserve powers after he himself became president.

The German constitution limits the powers available to the President to prevent a situation in which the executive could effectively rule without legislative approval, which was the case in the Weimar Republic. In particular, the president cannot rule by decree. However, in case of a "legislative emergency" the German President can accept legislation without approval of the "Bundestag" (parliament). Article 81 of the German constitution states the possibility that the President can by this means keep a government capable of action even in case of loss of a constructive majority in the Bundestag. Furthermore, the German President can dissolve the Bundestag (parliament) if the Chancellor loses a motion of confidence and asks the President to do so. The German President has exercised this right three times since the founding of the Federal Republic in 1949. President Gustav Heinemann dissolved the Bundestag at the request of Chancellor Willy Brandt in 1972, and in 1982 President Karl Carstens did so at the request of Chancellor Helmut Kohl. Both Brandt and Kohl were reelected with larger majorities. Most recently, on 1 July 2005, President Horst Köhler dissolved the Bundestag at the request of Chancellor Gerhard Schröder. Schröder unexpectedly lost the election that followed. The President has the right to refuse his signature to laws passed by the parliament (veto) in certain circumstances. These may be formal errors in the law making process or violations of the Basic Law inherent to the new law. This reserve power has been used 8 times as of May 2013. See the German Wikipedia entry :de:Bundespräsident (Deutschland). The President nominates the first candidate for Chancellor put to vote in the Bundestag. The president can also dissolve the Bundestag if no candidate won the absolute majority of the members of parliament after three votes. The President has the right to pardon criminals for federal crimes with the countersignature of a member of the cabinet. The refusal of a pardon does not need a countersignature.