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Head of Government of Freice

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President of the Council for the Administration of Government
and
Head of the Government
Keomoru'lu oe te ma Kauio oe te ma Makrahore oe Kuwanaara
Keomoru'lu oe te ma Kuwanaara
National Emblem of Freice.png
Flag of Freice.png
Aniara Neileka in February 2022.png
Incumbent
Aniara Neileka
since 11 April 2022 (2022-04-11)
StyleThe Honourable
(formal, domestic)
Her Excellency
(diplomatic)
StatusHead of Government
Member of
ResidenceKaimo Potio, Sekapa
AppointerPresident of the Kivunna
Term length1 year, renewable
Constituting instrumentConstitution of Freice
PrecursorLeader of the Government Council[a]
Formation11 April 2022; 2 years ago (2022-04-11)
First holderAniara Neileka
DeputyVice President
Websitekuwanaara.faio/keomoru

The President of the Council for the Administration of Government and Head of the Government (Freician: Keomoru'lu oe te ma Kauio oe te ma Makrahore oe Kuwanaara ka Keomoru'lu oe te ma Kuwannara; lit. Overseer), alternatively and unofficially known as the Prime Minister or Head of Government, or the Keomoru'lu in Freician, is the head of government of Freice.

Freice, a Country of Riamo pursues a system comparable to presidentialism, whereby the prime minister is head of the executive branch and independent from the legislative branch. As head of government, they are the highest executive official, with extensive political responsibilities including chairing the Government Council, signing bills into law, administering Freice's external affairs policy, and representing Freice internationally.[1] The prime minister is an ex officio member of the Kivunna (the legislature), deviating from pure presidentialism, although they do not have a vote and cannot be removed by a vote of no confidence.[1]

The office was established with the passage of the Constitution of Freice in April 2022, which separated the positions of head of government and presiding officer of the legislature.[2] The creation of the post marks Freice's transition from a parliamentary to a presidential system of government. The prime minister is directly-elected every year. The first and incumbent prime minister is Aniara Neileka, who has served since 11 April 2022.[3] Neileka previously served as President of the Island Meeting from 20 January 2022.[4]

History

Pre-2022

On the passage of the first Freician constitution in 1972, the head of government was the president of the Assembly of Delegates, which combined the duties of government leader and legislative speaker.[5] The office was held alongside the position of Chair of the Senior Council, which served as the cabinet and executive body. With the granting of certain foreign policy powers to the Freician government in 1980, the president also discharged the duties of foreign minister de facto.

Under this system, the Freician government largely operated on a consensus basis. The president usually acted on the principle of unanimity in the Senior Council and in the wider Assembly, relying on a consent base of support to maintain their position within the assembly. This produced, based on the individual president, governments of varying stability.

Successive laws gradually increased the powers of the presidency. Initially, the president was largely restricted in their actions by what the Assembly approved. The Executive Powers (Leader of the Senior Council) Act 1978 gave the president the power to issue decrees in matters provided for by law, which were enforceable like acts of the Assembly.[6] The Government of Freice (Legislative Powers) Act 1981 reduced the powers of the Assembly in relation to the Senior Council, giving it (and therefore the president) the right to conduct relations with foreign governments in its own right, rather than as a committee of the Assembly.[7]

In the early 2000s, the presidency was given further powers akin to that of a traditional head of government. They were given greater powers in determining government policy and revoked the principle of first-amongst-equals that had governed the position since 1972.[8]

Post-2022

With the passage of the new constitution, the presidency was detached from the legislature, with the separate position of prime minister established. No longer was the position both presiding officer and head of government, nor elected as a member of the legislature. With this evolution, the office was no longer an intermediary between different factions within the legislature, as was largely the case before, but now enjoyed a more active role within government.[3] For the first time, it was described in law as the "head of the government of the state" rather than its previous role as the "presiding officer of the body of executive power" - a more ambiguous description.[9]

The first holder of the office, Aniara Neileka, assumed the position in an acting capacity on its founding. In accordance with the constitution, the office is elected by the people: "Only that individual who has been elected as their party's lead candidate shall assume the functions of the office on a permanent basis."[10] As such, the only permanent officeholders permitted by the constitution are those elected.[4]


President of the Council for the Administration of Government
and
Head of the Government
Keomoru'lu oe te ma Kauio ma pa te ma Makrahore oe Kuwanaara
Keomoru'lu oe te ma Kuwanaara
National Emblem of Freice.png
Flag of Freice.png
Aniara Neileka in February 2022.png
Incumbent
Aniara Neileka
since 11 April 2022 (2022-04-11)
StyleThe Honourable
(formal, domestic)
Her Excellency
(diplomatic)
StatusHead of Government
Member of
ResidenceKaimo Potio, Sekapa
AppointerSpeaker of the General Kiuva
Term length1 year, renewable
Constituting instrumentConstitution of Freice
PrecursorLeader of the Government Council[b]
Formation11 April 2022; 2 years ago (2022-04-11)
First holderAniara Neileka
DeputyVice-President
Websitekuwanaara.faio/keomoru

The President of the Council for the Administration of Government and Head of the Government (Freician: Keomoru'lu oe te ma Kauio ma pa te ma Makrahore oe Kuwanaara ka Keomoru'lu oe te ma Kuwanaara; Hoterallian: ), commonly known as the prime minister or Head of Government, is the head of government and chief executive of the Country of Freice, a Country of the Riamese Federation.

The president is appointed by the Speaker of the General Kiuva (the Freician legislature) and serves a term concurrent with that of the General Kiuva. He or she is responsible for presiding over meetings of the Council for the Administration of Government, which serves as the Freician cabinet, and for representing Freice overseas.

The first and current president is Aniara Neileka (MURO Alliance), who assumed office on 11 April 2022. She previously served as President of the Island Meeting (2022) and, before that, President of the Assembly of Delegates (2021), both of which were precursors to the modern office.

History

The first Freician constitution, passed in 1972, established the president of the Assembly of Delegates as head of the island's government, an office which combined the duties of chief executive and presiding officer of the legislature.[5] The office was held alongside that of Chair of the Senior Council, the cabinet. With the granting of certain foreign policy powers to the Freician government in 1980, the president also discharged the duties of foreign minister de facto.

The "1972 system" (Freician: Sunsama 1972) largely operated on a consensus basis. Successive laws gradually increased the powers of the presidency, including the right to issue decrees independent of other council members[6] and the power of the council (and therefore the president) to conduct relations with other states[7]. Nonetheless, convention provided for the continued need for unanimity among council members.

The 2021 Freician coup d'état replaced the 1972 constitution with a new Schedules of Government, which detached the executive from the legislative branch. This system was retained following the downfall of the coup government and the passage of a new constitution in 2022.[3] For the first time, it was described in law as the "head of the government of the state" rather than its previous role as the "presiding officer of the body of executive power" - a more ambiguous description.[9]

Role

The office is established in the Freician constitution, which states:

"The President of the Council and Head of the Government, hereafter the President, shall be chief executive and execute those powers, duties, and responsibilities required of them with the cooperation of the Council."[11]

The role of the president is similar to that of a prime minister, being the individual who leads the activities of the government and who represents Freice overseas and at a federal level. In this capacity, they are responsible for appointing members of the Council for the Administration of Government with the consent of the General Kiuva and for directing the activities of the government. Under the constitution, the president and the Speaker of the General Kiuva together discharge the duties of a head of state, including granting assent to laws, dissolving the General Kiuva, awarding honours, and giving pardons.[12]

Whilst the constitution provides for a collegial system of government, with the president acting "with the cooperation of the Members of the Council", in reality the president possesses authority over all other members.[13][14]

Selection and qualifications

The president of the Council is directly elected by double simultaneous voting for a renewable one-year term. Each party or other recognised electoral group may nominate an individual to be their candidate for president (formally Kaitaidatano Ainuaheruma Raioa, "Leading Executive Candidate"). The candidate who's party wins the most seats is elected president.[15] Previously, the prime minister was directly elected in a two-round system; this only occurred once before a constitutional amendment replaced the system.[16]

A candidate for president is required to be at least eighteen years of age, be a Freician national, be registered to vote, and be a permanent resident of Freice for at least three years at the time of the election.[17]

List of prime ministers

Prime Minister Took office Left office Party Notes
1 Aniara Neileka in February 2022.png Aniara Neileka
(1982-02-03) February 3, 1982 (age 42)
April 11, 2022 Incumbent   MURO Alliance [c]

See also

References

  1. 1.0 1.1 "Council > President". Government of Freice. Retrieved 14 April 2022.
  2. "Meeting approves constitution draft". Radio and Television Freice. Retrieved 2 April 2022.
  3. 3.0 3.1 3.2 "Meeting approves constitution draft". Radio and Television Freice. Retrieved 3 April 2022.
  4. 4.0 4.1 "Neileka elected President". Radio and Television Freice. Retrieved 20 January 2022.
  5. 5.0 5.1 "Constitution Act 1972" (PDF). Government of Freice. Retrieved 7 June 2018.
  6. 6.0 6.1 "Executive Powers (Leader of the Senior Council) Act 1978" (PDF). Government of Freice. Retrieved 19 December 2015.
  7. 7.0 7.1 "Executive Powers (Leader of the Senior Council) Act 1978" (PDF). Government of Freice. Retrieved 16 December 2015.
  8. "President seeks additional powers". Tama Adune oe Faio. Retrieved 12 January 2017.
  9. 9.0 9.1 "Freice ends political conflict". Santa Elisa Live. Retrieved 4 April 2022. Cite error: Invalid <ref> tag; name ": Description" defined multiple times with different content
  10. "Constitution of the Country of Freice - Section 32(2)" (PDF). Government of Freice. Retrieved 15 April 2022.
  11. "Constitution of the Country of Freice - Section 4, Part 31(1)" (PDF). Government of Freice. Retrieved 21 April 2022.
  12. "Freice: What does the head of government do?". Riamese Broadcasting Corporation. Retrieved 23 April 2022.
  13. "Constitution of the Country of Freice - Section 4, Part 33(1)" (PDF). Government of Freice. Retrieved 21 April 2022.
  14. "Freice: PM Aniara accused of overstepping constitution". Riamese Broadcasting Corporation. Retrieved 19 October 2022.
  15. "Constitution of Freice - Section 32(2)". Kivunna. 19 June 2022. Retrieved 29 September 2022.
  16. "Results of the Election of President of the Council, June 2022" (PDF). Electoral Council of Freice. 10 June 2022. Retrieved 13 June 2022.
  17. "Qualifications and requirements for election to the position of head of government" (PDF). Government of Freice. Retrieved 13 April 2022.

Notes

  1. As head of government; incumbent also previously held the position of presiding officer of the legislature.
  2. As head of government; incumbent also previously held the position of presiding officer of the legislature.
  3. Acting from 11 April to 10 June 2022.

External links

Powers and Responsibilities

Executive powers

The prime minister, according to the Constitution of Freice, is responsible for "directing the day-to-day governance of the State"[1] The prime minister is Freice's chief executive and leads the executive branch. In this capacity, they appoint ministers to the Government Council, with the advice and consent of the Kivunna, and may request their removal.[2]

The prime minister is responsible for overseeing the organisation of the island's government. As such, they may issue directives establishing new positions in the Government Council. However, they may not dissolve any position without the consent of the Kivunna. Under the constitution, the prime minister is also empowered to propose constitutional amendments (along with the Kivunna).[3] Ministers in the government are accountable to the prime minister, as well as the Kivunna, and work to implement the prime minister's policies.

The prime minister is also Commissioner-in-Chief of the Freice Police Service, a position akin to the commander-in-chief of the armed forces. This is not a rank and does not enable the prime minister to wear a uniform, but is rather a largely ceremonial position that enables them to appoint the Commissioner of Police with the approval of the Kivunna.

Legislative powers

As Freice's regional head of state, the prime minister is responsible for granting assent to all bills passed by the Kivunna. The prime minister may withhold consent (effectively veto a bill) by returning it to the Kivunna for amendments.[4] If they do not return the bill to the Kivunna or grant assent within ten days of it being presented to them, the bill automatically becomes law.[5][2]

The prime minister is responsible for calling the Kivunna into session, which they must do within one month of its election.[6][7] They also have the limited power to prorogue and dissolve the Kivunna, which they may only do under certain circumstances: when it has reached the end of its term, or when it has elected to dissolve itself.[8]

The prime minister makes formal reports to the Kivunna on the operations of government, and makes an annual address to the legislature announcing the government's program for the next year. This is done on the invitation of the President of the Kivunna.[2]

Judicial powers

The prime minister's role within the judiciary is largely limited to appointing its members. Judges of the Court of Appeal and the High Court are appointed by the prime minister on the advice of the Judiciary Appointments Council and with the consent of the Kivunna. The council recommends individuals, with the prime minister at liberty to choose any person from this list.[2]

Whilst the prime minister does not possess the power to issue commutations, pardons, or paroles in their own right, they have the ultimate right to accept or reject any recommendations made by the minister of justice.[9] The prime minister is empowered to do so when the Kivunna approves any proposal for clemency.

Succession

The Constitution of Freice outlines the process of succeeding to the premiership in the event that the prime minister leaves office prior to the conclusion of their term or is otherwise unable to exercise their duties. Succession to the office is on a temporary basis under the constitution, with each successor serving as acting prime minister only.

There is no defined second-in-line; in the event of a vacancy in the office, the Government Council meets to nominate one of their own number to serve in an acting capacity. This nomination is made to the President of the Kivunna, who must approve the nomination.[10] If this is not possible, the President of the Kivunna may convene a sitting of the Kivunna to elect an acting prime minister.[11]

List of prime ministers

Prime Minister Took office Left office Party Notes
1 Aniara Neileka in February 2022.png Aniara Neileka
(1982-02-03) February 3, 1982 (age 42)
April 11, 2022 Incumbent   MURO Alliance [a]

See also

References

  1. "Constitution of the Country of Freice - Section 4, Part 2(a)" (PDF). Government of Freice. Retrieved 21 April 2022.
  2. 2.0 2.1 2.2 2.3 "Freice: What does the prime minister do?". Riamese Broadcasting Corporation. Retrieved 19 April 2022.
  3. "Constitution of the Country of Freice - Section 4, Part 31(2)" (PDF). Government of Freice. Retrieved 15 April 2022.
  4. "Constitution of the Country of Freice - Section 3, Part 21(6)" (PDF). Government of Freice. Retrieved 21 April 2022.
  5. "Constitution of the Country of Freice - Section 3, Part 21(7)" (PDF). Government of Freice. Retrieved 21 April 2022.
  6. "Freice constitution: separation of powers comes to Freice". Riamo News. Retrieved 4 April 2022.
  7. "Constitution of the Country of Freice - Part 4, Section 28(3)" (PDF). Government of Freice. Retrieved 21 April 2022.
  8. "Dissolution of the Kivunna Act, 2022" (PDF). Government of Freice. Retrieved 18 July 2022.
  9. "Constitution of the Country of Freice - Part 4, Section 28(2)(h)(iv)" (PDF). Government of Freice. Retrieved 21 April 2022.
  10. "Constitution of the Country of Freice - Part 4, Section 34(2)" (PDF). Government of Freice. Retrieved 21 April 2022.
  11. "Constitution of the Country of Freice - Part 4, Section 34(3)" (PDF). Government of Freice. Retrieved 21 April 2022.

Notes

  1. Acting from 11 April to 10 June 2022.

External links