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The Governments of Europe

Note (Back) — Chapter XVI

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334. Powers: Participation in Law-making.—The President possesses powers which are numerous and, on paper at least, formidable. A first group pertains to the making of law. "The President of the Republic," says the constitutional law of February 25, 1875, "shall have the initiative of laws, concurrently with the members of the two chambers. He shall promulgate the laws when they have been voted by the two chambers; and he shall look after and secure their execution."[465] The concurrent power of initiating legislation, exercised through the Ministry, is something that is not possessed by the American President, who can do no more than suggest and recommend measures he deems desirable. The President of France, on the other hand, possesses only a suspensive veto. He may remand a measure of which he disapproves for fresh consideration by Parliament; but if it is re-enacted, by even a simple majority, it is incumbent upon him to promulgate it as law. If, however, the veto power is virtually non-existent, the President possesses an important prerogative in the right of issuing ordinances with the force of supplementary legislation. These may be not merely executive orders in matters of detail, such as are issued by the President of the United States, but sweeping injunctions deemed essential to the enforcement of the laws in general. The only limitation is that such ordinances must not contravene the constitution or any enactment of the chambers. The power is one which, rather curiously, rests upon no express constitutional provision, but simply upon custom. The right which the President possesses, with the consent of the Senate, to dissolve the Chamber of Deputies before the expiration of its term, thereby precipitating a general election, may also be made the means of exercising considerable influence upon legislative processes and achievements.

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