Council of State (Carucere)
Council of State Konsey Deta | |
|---|---|
 Coat of arms of Carucere | |
| Type | |
| Type | |
| History | |
| Founded | August 12, 1972 |
| Leadership | |
Vice President | |
Members | |
| Seats | 11 |
| Meeting place | |
| Hall of State, Jameston, Carucere | |
| Constitution | |
| Constitution of Carucere | |
The Council of State (Papotement: Konsey Deta), is an executive body which serves as the collective de jure head of government of Carucere. While the President of Carucere is the leading political figure within the Council of State as de facto head of state, it is the Council as a whole that serves as the highest executive authority in Carucere.
The number of members on the Council of State typically varies, but it always includes the President of Carucere, Vice-President, and Premier. The Council of State formally exercises executive power in Carucere, such as the authority to formulate policies and draft measures. The Council oversees the administration of the country through its supervision of the Cabinet, which consists of the heads of government ministries. The Council also serves as an unofficial upper house to the Senate. Although the President is the permanent presiding officer of the Council and is the highest ranking state official, they are primus inter pares within the Council which operates through consensus decision-making.
Role
Carucere has a de-facto fusion of a presidential and a collegiate system, inspired by the Montecaran College of State. While the President decides the direction and priorities of the Government as the permanent presiding officer, ultimately their de facto power relies on a supportive Council of State and is not directly attributed to the post of president. Nevertheless, the President wields significant political influence as de facto head of state and as leader of the Council. Traditionally the President and the rest of Council operates "above" ethnic partisanism, representing the entire country instead of the members own ethnic communities.
As the main executive organ, the Council defines the collective political and policy direction of the executive branch and oversees the Cabinet to ensure the implementation of policy as determined by the body. Each member is responsible for the business of the entire Council, as well as for the conduct of the government and the federal administration as a whole. The Council of State has some legislative powers such as the authority to enact decrees with the full force of law, although all decrees requires an enabling act from the Senate for it to take effect. The Council is the main source of legislation proposed to the Senate. All bills must be approved by the Council of State for it to become law. The Council of State has the authority to veto laws, although the Senate can override this by a two-thirds majority vote. They may also refer the law for review by the Constitutional Council if the Council votes to doubt its constitutionality.
The Council has the ability to appoint the Premier and other members of the Cabinet; however, the Senate must approve the election by a majority vote. As a result the Premier named by the Council must be supported by the Senate, or the candidate will be denied. The Council of State has the discretionary power to dissolve the Senate when they see fit, such as when the Council of State is unable to govern due to the Senate's disapproval.
Composition
The exact number of members that preside on the Council of State has varied since its creation. The Constitution of 1972, mandated the inclusion of seven high ranking government officials but gave no limit to the number of delegates the President may appoint. The offices of the mandated members arose by convention during the Presidency of Jean Preval, who included the top highest ranking members of the Cabinet. In 1995, the Senate limited the number of delegates the President may appoint to five; as a result the maximum number of delegates that could serve on the Council of State is twelve. A year later, the Constitutional Council ruled that the President required the consent of the Senate to appoint the members of the Council. These changes have led to greater checks on the authority of the President.
Today the Council consists of the following members:
- President of the Council of State
- Vice-President and Chairman of the Council of State
- Four members of the Cabinet.
- Minister of Defense and Home Affairs
- Minister of Foreign Affairs
- Minister of Finance, Economic Planning and Development
- Minister of Justice
- Premier of Carucere
- Other delegates appointed by the President.
Current members
Powers & Duties
To perform their duties, the Council of State are given the following powers:
- to promulgate laws (wielded solely by the President).
- to veto laws, decree-laws, regulatory decrees and other Government decrees.
- to refer a law for review by the Constitutional Council if the Council of State doubts its constitutionality.
- to declare war.
- to hold a referendum regarding issues of national importance.
- to issue decrees with the full force of legislation. However decrees can be overridden if the Senate passes conflicting legislation.
- to submit legislation to the Senate.
- to issue medals and honors for serving the nation.
- to issue pardons.
- to declare a state of emergency suspending all laws or enacting a state of martial law.
- to regulate and join treaties, alliances, and other agreements coming from foreign states according to the Constitution.
- to appoint the Premier and other members of the Cabinet.
- to appoint senior public officials.
Operation
Meetings
Election
Under the current electoral law, candidates for President of the Council of State are required to have a certain number of signatures from the public or endorsements by five Senators to stand for election. A candidate can stand individually or form a electoral coalition with additional candidates. On election day, the public elects presidential electors to form an electoral college who in turn elects the President and the Vice-President. After their election, the President appoints the other members of the Council with the approval of the Senate.