Motion of Confidence

• Main Authors: Kai-ling Luo, 羅凱凌
• Other Authors: Shu-bin Liou
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/5hj5eg

碩士 === 東吳大學 === 德國文化學系 === 96 === The operation of Parliamentary system should be based on the stable relationship between the administration and the legislation, and the Parliament’s trust to the government is the important factor to making and breaking of government. A Motion of Confidence, inspired by the failure from the Weimar Republic, is to give the members of the Parliament a chance to show their political confidence in government. Its function is mainly giving the Chancellor the competence to deal with the crisis; that is, he can propose a Motion of Confidence against the constructive vote of no confidence proposed by the Parliament, as well as enhancing the executive competence and balance the power between the administration and legislation. The operating process of a Motion of Confidence is extremely complicated. By empowering the three constitutional organs- Chancellor, Bundestag(Federal Parliament) and Federal President—with various limits and responsibilities, the purpose of checking and balancing in the constitutional organs, thus, to build a stable political system. From the history of German politics, a Motion of Confidence embodies the Chancellor democracy, and also becomes a measure to prolong the Chancellor’s rein in power. However, this spillover effect generated by legal mechanism not only contradicts to the original purpose of establishing the constitution, but also might bring on the possibility of the violation of the constitution, which could have an impact on the core value of Democracy and constitutional state. Therefore, this article is to discuss the actual operation of a Motion of Confidence in Germany and whether the practice of legitimacy has its own limit and contradiction, as well as offer a solution to let the political behavior still have the power in decision-making, applying flexibly in political praxis. In addition to emphasizing on the positive side of Chancellor Democracy, the way of practicing a Motion of Confidence also should be restricted in case the Chancellor and the ruling party take advantage of it in the general election. For the political stability, the operation of a Motion of Confidence should be bounded within the framework of German democracy.