In this connection may be also noted the provision of § 55. of the Charter, stipulating that Government decrees (bye-laws) may be issued only on the basis of a law and within its terms. The power to issue orders “praeter legem“, as exercised, for instance, in France does not exist here. It is the duty of the Courts to see that this principle is duly observed (§ 102. of the Charter of the Constitution) and they have power to declare as null and void every decree or bye-law which does not conform to the law.
GOVERNMENTAL AND EXECUTIVE POWER.
This power in its highest aspects is shared between the President of the Republic and the Government. The election of the President is indirect, that is, he is chosen by the two chambers of Parliament assembled in united session. The President enjoys such governmental and executive power as is expressly assigned to him by the Charter of the Constitution or by other laws of the Republic; all other Governmental and executive power rests in the hands of the Government. The functions of the President as set out in § 64. of the Charter of the Constitution are very comprehensive and effective and enable the President to exercise a great influence on the direction of the affairs of the State, without at the same time burdening him with details. As the President of the Republic is not responsible at law for his political acts (except as set forth in § 67 of the Charter), governmental and executive power has been in principle placed in the hands of the responsible factors, that is, the Government. The Constitution expressly introduces the principle of collective responsibility of the Government (§ 75 and 78 of the Charter). A characteristic feature of our Constitution is the effort to secure that all the more important matters of government be settled in a Council of ministers, a cabinet meeting (§§ 80 and 81 of the Charter of the Constitution), the idea being to render it impossible for an individual minister to abuse his position. This effort, as evidenced by the Charter of the Constitution, to ensure a collective and corporate discussion and action in the affairs of government goes so far as to deny to ministers the right of appointing civil servants of the VII and VIII classes. These provisions, too, of the Constitutional Charter are a protection to minorities and aim at assuring an indisturbed and responsible conduct of the affairs of government.
Democratisation among us is not confined to legislative authority; one of our great tasks is the democratisation of the public administration, and to this work the foundations have been laid by § 86 of the Charter where it is laid down that the civic element shall as far as possible be represented in the subordinate offices of State. The law
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