History of state and law of foreign countries. The role of parliaments and the strengthening of government power (most important)

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History of state and law of foreign countries. The role of parliaments and the strengthening of government power (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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The role of parliaments and the strengthening of government power

Due to the growing unpopularity of the upper chambers, the order of their recruitment, the conservative force emanating from them, hostile to any and all changes, forced the ruling classes to change their orientation. The real counterbalance to "democratic recklessness" is the direct instruments of the bourgeois dictatorship: the court, the police, the army, the bureaucracy.

The actual fall of parliaments, however, took place gradually and far from everywhere. On the contrary, in a number of countries they are acquiring the right to legislative initiative, which they were deprived of not so long ago, the right to amend government bills, control over the government; here and there, remuneration of deputies is introduced, the publicity of parliamentary debates and the irresponsibility of deputies for criticizing the government are legitimized.

Political (party) opposition is recognized as an inevitable element of the parliamentary system. Governments are becoming more patient with criticism, especially when it distracts the public and parliament from the issues that really matter. The opposition has always had no more ability to pass the law than any influential newspaper. The consequence of the whole new situation is a cooling of interest in parliamentary debates - not only in the general public, the press, but also in the chamber itself.

To the extent that parliaments lost importance, governmental power increased. The drafting and editing of bills becomes its complete monopoly. When a draft law is submitted by a deputy, the French statesman noted Leroy, he does this most often without hope of success, with the sole purpose of reminding the voter of himself.

Governments have won for themselves the right to issue decrees, bypassing parliament. The latter authorizes the cabinet to issue resolutions on a certain range of cases, or allows it to do the same "in the development of the law", "in order to ensure the law." Accordingly, the law is edited in a more general form.

English statesman Muir states that "most of the public acts included in the code of laws are departmental directives, born in the administrative practice of officials." The same writes Leroy: "Parliament is lost in front of the administration in all cases when he is going to lead it"; the chamber enters into such relations with ministries, with bureaucratic offices, "which are becoming more and more 'intimate'"; the same links are established between Parliament and "private associations" whose opinion it solicits and which already "share with Parliament its sovereignty".

Most of the laws are provided with clauses that allow the government, ministries and just officials to act "at their discretion", that is, not to reckon or to reckon little with the law.

French law 1892 BC, for example, banned night work for teenagers under 18, as well as for women in certain industries. At the same time, the government was given the right to make “exemptions of a permanent nature.” The law allowed labor inspectors to temporarily cancel the weekly rest day and all those restrictions that were established for the length of the working day (“no more than 11 hours a day”). "If the law 1892 BC did not give the expected beneficial results, - said in a report at the Fifth Congress of the French Trade Unions (CGT) in 1900, - this should be attributed to the administrative regulations (i.e., government instructions) that were issued on this subject.

The House's control over the government becomes a sham. Just the opposite is observed: government control over the chamber.

Author: Selyanin A.V.

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