Motion of Confidence
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A Motion of Confidence is a motion of support proposed by a government in a parliament or other assembly of elected representatives to give members of parliament (or other such assembly) a chance to register their confidence in a government. The motion is passed or rejected by means of a parliamentary vote (a Vote of Confidence). Governments often propose a Motion of Confidence to replace a Motion of No Confidence proposed by the opposition.
Defeat of a Motion of Confidence in a parliamentary democracy generally requires one of two actions:
Where a Motion of Confidence has been defeated (or a motion of no confidence passed), a head of state is often constitutionally empowered (should they wish) to refuse a parliamentary dissolution if one is requested, forcing the government back to the resignation option.
A Motion of Confidence may be proposed in the government collectively or in any member thereof, including the prime minister. In Germany, a Motion of Confidence is sometimes added as an amendment to another piece of legislation.
A Motion of Confidence may also be used tactically to humiliate critics of a government (often from the inside of the governing party or parties) who nevertheless dare not vote against the government. By forcing them to vote for the government notwithstanding their public criticism, the proposer of the motion may hope to silence or embarrass critics. It may also be used to unite a divided party or government by creating a sense of 'one for all, all for one' loyalty, bonding a divided government together against the opposition.
However, tactical Motions of Confidence are dangerous, as they may backfire catastrophically against those who use them, if they have misjudged the willingness of their opponents to call the proposer's bluff and vote against the motion.
Finally in some cases, the government may intentionally lose a motion of confidence to accelerate elections.
Contents
[edit] Examples of defeats by Motions of Confidence
[edit] Examples of how constitutional rules work
[edit] Bunreacht na hÉireann: Ireland's Constitution
[edit] Article 28.10
The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann unless on his advice the President dissolves Dáil Éireann and on the reassembly of Dáil Éireann after the dissolution the Taoiseach secures the support of a majority in Dáil Éireann.
Where a Taoiseach seeks a dissolution in such circumstances, the following article comes into play.
[edit] Article 13.2.2
The President may in his absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.
[edit] The Basic Law: the Constitution of the Federal Republic of Germany
The German Federal Chancellor can propose a Motion of Confidence to the Bundestag. Article 68 of the German Basic Law allows that procedure:
[edit] Article 68
After the failure of such a Motion of Confidence the Chancellor can ask the President to dissolve the Bundestag or to call the Legislative State of Emergency (Gesetzgebungsnotstand). This is one of the rare cases in German constitutional law where the president has real power to decide whether to do as asked. If the president refuses the chancellor's request, no dissolution will take place.
Until 2008 there have been five motions of confidence since the founding of the Federal Republic in 1949:
