Konstruktywne wotum nieufności w Republice Federalnej Niemiec i III Rzeczypospolitej Polskiej

Abstract

The article is based on the premise that a constructive vote of no confidence is an institution of a political system which provides the best assurance for the stability of government and protection from governmental crises. The conditions and formal requirements of the procedure of a constructive vote of no confidence make it possible to protect a government from the consequences of the activity of an accidental negative majority. The paper aims to present and compare this procedure in the Federal Republic of Germany and Poland in terms of three main aspects: the conditions of its establishment, the actual procedure and the political consequences. A vote of constructive no confidence was introduced in Germany as a consequence of the negative experiences of the Weimar Republic, whereas in Poland it was the rational reasoning of the authors of the Constitution that provided for the procedure. The differences between the German and Polish procedures concern, among other things, the structure of the motion, the number of obligatory signatures under the motion, and the period from submission of the motion to the vote. The most fundamental political consequences of a vote of no confidence concern the strengthened position of the government and its leader, stabilization of the political system and enabling minority governments to be established. The paper concludes with the observation that a constructive vote of no confidence influences the political system and all its fundamental elements, protects the government and makes the parliamentary system more rational.