Gambar halaman
PDF
ePub

BURMA

Under Article 44 of the 1974 Constitution, legislative power is to be exercised by the People's Assembly or Pyithu Hluttaw alone. 1/ This is a unicameral body, consisting of representatives elected for a term of four years. Under the provisions of Articles 66 and 67, the Chairman of the Council of State is to be the President of the Republic, and the Council of State is elected from among its own members by the Pyithu Hluttaw, according to Article 64. 2/

The four-year term of the Pyithu Hluttaw established under the 1974 Constitution, whose members were elected in 1974, expired in March 1978. Elections were held in January 1978, with polling taking place over a period of 15 days, and the new Pyithu Hluttaw met on March 2, 1978, to elect the Chairman of the Council of State. 3/ The time interval between the election of the representatives and their taking office was therefore about two and a half months in 1978.

1/ The Constitution (Fundamental Law) of the Socialist Republic of the Union of Burma 14 (Washington, D.C., Law Library, Library of Congress, 1975).

2/ Id. at 19.

3/ Asia 1979 Yearbook 155 (Hong Kong, Far Eastern Economic Review, 1979).

BURMA 2

Although the next four-year term of the Pyithu Hluttaw was not due to expire until March 1982, the term of the preceding (1978-1982) Pyithu Hluttaw was reduced and new elections were held in October 1981. The new government was installed in November 1981. 4/ One justification was that this would enable the Central Organs of Power to be formed in advance, before March 1982 when the first session of the new Pyithu Hluttaw would convene. 5/

Prepared by Mya Saw Shin
Senior Legal Specialist
Far Eastern Law Division

Law Library, Library of Congress
October 1983

4/ Asia 1983 Yearbook 123 (Hong Kong, Far Eastern Economic Review, 1983).

5/ The Working People's Daily, Rangoon, March 17, 1981, P. 5.

CANADA

Following a general election in Canada, the successful

candidates in the 282 electoral districts in the country are summoned to Ottawa by the Governor General to sign the roll, take the oath of 1/ office, and assume their seats in the New Parliament. The Governor General, who is the Queen's representative in the country, exercises his royal prerogative of calling Parliament (which is composed of the House of Commons and the non-elected, largely honorary Senate) to session upon the advice of the individual he has appointed to be the prime minister. There is no fixed or established date for the summoning of Parliament, but this must be done within twelve months since the Constitution Act provides that Parliament must meet at least once a 2/ year. New prime ministers generally choose to delay the opening of Parliament for several months to give themselves a transition period. Former Prime Minister Clark took office shortly after the general election on May 22, 1979, and did not convene Parliament until October 9 of that 3/

year. This delay was widely criticized by the opposition parties for being untraditionally long and when Prime Minister Trudeau returned to office immediately after the general election of February 18, 1980, he

called Parliament into session only six weeks later on April 14 of that 4/

year.

1/ R. Dawson, The Government of Canada 344-345 (5th ed. 1970).

2/ 30 & 31 Vict. ch. 3, § 20.

3/ XIV Ottawa Letter 265 (Oct. 9, 1979).

4/ XIV Ottawa Letter 469 (Apr. 14, 1980).

[blocks in formation]

When a general election is called in Canada, the House of Commons is dissolved and ceases to exist. During the election period, the prime minister and his cabinet continue to govern the country. If the prime minister is unable to form a majority or minority government following the election, he will in accordance with convention resign immediately. If the outcome is in doubt, the prime minister may remain 5/ in office until Parliament is called and the issue resolved. Upon receipt of the prime minister's resignation, the Governor General will choose the leader of the new majority party or of a minority party who is supported by the majority of the House of Commons to be the new prime minister. After the last two elections, the prime ministers were both officially sworn in thirteen days later. In a crisis, or if either leader wished to speed up the transition, he could call on the Governor General at any earlier time following the return of the election results.

Prepared by Stephen F. Clarke
Senior Legal Specialist
American-British Law Division

Law Library, Library of Congress
October 1983

5/ P. Hogg, Constitutional Law of Canada 155 (1977).

THE ENGLISH-SPEAKING CARIBBEAN

The independent, English-speaking, and democratic states

in the Caribbean region (which include Antiqua, the Bahamas, Barbados, Belize, Dominica, Guyana, Jamaica, St. Christopher-Nevis, St. Lucia, St. Vincent and Trinidad and Tobago) all have parliamentary forms of government since they were all at one time colonies of the United Kingdom. In all of these countries, a prime minister who has been defeated in a general election is expected to follow the convention of resigning immediately. If a defeated prime minister fails to do so, he may be dismissed by the titular head of government (The Governor General or president). The new prime minister is sworn into office after a very brief interval which generally does not exceed two weeks and is then responsible for advising the titular head as to when Parliament should be summoned. New members of Parliament are sworn in at the opening session.

Prepared by Stephen F. Clarke
Senior Legal Specialist
American-British Law Division
Law Library, Library of Congress
October 1983

« SebelumnyaLanjutkan »