The Government of the Republic (Esperanto: Respublika Registaro) is the executive branch of the Republic of Bijan. The Government is led by the Chief Minister of Bijan and staffed by additional ministers, who are appointed by the President on the proposal of the Chief Minister.
Duties and functions
The Constitution of Bijan vests the following responsibilities in the Government of the Republic:
- to implement foreign and domestic policies;
- to coordinate the work of government institutions
- to execute laws passed by the House of Representatives
- to submit draft laws to the House of Representatives
- to prepare an annual budget, and a report on its implementation
- other duties given to the Government by the Constitution and laws.
The Government consists of the Chief Minister and Ministers. The constitution places no upper limit to the number of members of the Government, though a functional minimum of three members is required (the Chief Minister and two Deputies).
The Ministers direct government ministries, which are established and abolished by the House of Representatives. Ministers without portfolio are permitted, but are not common.
The President appoints, reassigns and dismisses from office the Ministers serving in the Government, upon the proposal of the Chief Minister. The Chief Minister may make changes to the Government at his or her will, provided he or she maintains the support of a majority in the House of Representatives.
There is no requirement for members of the Government to be drawn from the membership of the House of Representatives, though they almost always are by convention. When members of the House of Repesentatives are appointed to ministerial positions, their service in the House is suspended and their seats are filled by alternates. Ministers have the right to sit in the House of Representatives and speak during sessions, but may not vote.
The process of Government formation is triggered by the resignation of a sitting Government. Within fourteen days of the Government's resignation, the President of the Republic must nominate a candidate for a new Chief Minister, who from that point is referred to as the Chief Minister-designate. By convention, the President designates the parliamentary leader of the party or coalition of parties that has the greatest representation in the House of Representatives. The Chief Minister-designate has fourteen days from his or her nomination to present a proposal for a new Government to the House of Representatives. This proposal must include the names of the specific individuals and the ministerial positions they will fill.
If the House approves the Chief Minister-designate's proposal by a simple majority, he or she then presents the members of the new Government to the President of the Republic within seven days, at which time the President swears the new Government into office. Only upon the entry into office of a new Government does the resignation of the old Government take effect.
In the event the President's first Chief Minister-designate refuses or fails to seek approval to form a Government, the President may choose a second Chief Minister-designate. If the second Chief Minister-designate is unable to form a Government, the right to select a Chief Minister-designate transfers to the House of Representatives.
Resignation and dismissal
The constitution requires that the sitting Government must resign upon the convocation of a new membership of the House of Representatives following an election. When the party or coalition that formed the Government prior to the election again commands a majority following the election, often the same Ministers are reappointed to the same offices they previously held, and the process of forming a Government is largely perfunctory. Despite this, however, the Government must formally resign and be reappointed according to the constitutional process.
The Government of the Republic also resigns upon the resignation or death of the Chief Minister, regardless of when during the term of the House of Representatives this may occur. Finally, the Government must resign when the House of Representatives expresses no confidence in the Government or in the Chief Minister. As stated above, the President discharges the outgoing Government upon the entry into office of the new Government.
Vote of no confidence
The House of Representatives may express a vote of no confidence in the Government as a whole, in the Chief Minister or an individual Minister. A no confidence motion cannot be introduced into the House unless one-fifth of the membership is in favor. A minimum of two days must elapse after the introduction of the no confidence motion before it can be debated and voted on in the House, unless the Government itself requests a speedier decision.
If the House expresses no confidence in the Government or in the Chief Minister, the Government shall resign. The outgoing Government may request that the President call an early election to the House of Representatives within three days of the expression of no confidence. If the House expresses no confidence in a Minister, the Speaker of the House must notify the President, who then discharges the Minister from office.
An vote of no confidence on the same grounds cannot be raised within three months of a previous vote of no confidence.