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■ Immunity from Dissolution
§ Note: this is background material. The final handbook is available online in PDF format.
The extent to which a legislature is vulnerable to dissolution directly affects its institutional autonomy. Higher degrees of immunity from dissolution afford legislators greater freedom from outside influences. Therefore, a high level of immunity from dissolution is an indication of legislative power. While some legislative bodies are completely immune from dissolution, others face the possibility of dissolution to varying degrees.
No Dissolution
Some legislatures cannot be dissolved under any circumstances. This is often not written in a particular constitutional provision. Instead, the absence of a provision creating the possibility of dissolution indicates legislative immunity from dissolution. 
Provisions
ArgentinaThe Republic of TurkeyThe Republic of East Timor
Self-Dissolution
Under some constitutional provisions, a legislature has the power to vote to dissolve itself. For instance, such a provision may be used to terminate a continuous deadlock.
Provisions
The Constitution of Turkmenistan (1996, as amended 2004)
Article 63:
The Mejlis may be dissolved early: 3. By a resolution of the Mejlis, adopted by a majority of no less than two-thirds of the established number of deputies (self-dissolution);
Legislative Action Triggers Dissolution
Under some constitutions, dissolution is triggered by an action taken by the legislature. For instance, some legislatures are dissolved immediately upon introducing an amendment to the constitution.
Provisions
The Coordinate Constitution of the Kingdom of Belgium (1994, as Amended to March 26, 2005) Article 195: The federal legislative power has the right to declare that it is necessary to amend a constitutional provision as it designates. After this declaration, both Chambers are automatically dissolved.
Legislative Action Triggers the Possibility of Dissolution through Another Institution
According to some constitutional provisions, legislative action or inaction triggers the ability of another institution, often the executive, to dissolve the legislature. The legislative behaviours commonly at issue in such provisions include voting no confidence in government and failing to form a government.
Provisions
The Constitution of the Republic of Estonia (1992, as Amended to 2005) Article 89:The Riigikogu shall nominate a candidate for Prime Minister who shall present the membership of a government to the President of the Republic. If the membership of a government is not presented to the President of the Republic within fourteen days after the transfer to the Riigikogu of the right to nominate a candidate for Prime Minister, the President of the Republic shall declare extraordinary elections to the Riigikogu.
Article 97(4):If no-confidence is expressed in the Government or the Prime Minister, the President of the Republic may, on the proposal of the Government and within three days, declare extraordinary elections to the Riigikogu.
Article 105: The Riigikogu has the right to submit a bill or other national issue to a referendum.The decision of the people shall be made by a majority of the participants in the voting.A law which is passed by a referendum shall promptly be proclaimed by the President of the Republic. The decision of the referendum shall be binding on all state institutions.If a bill which is submitted to a referendum does not receive a majority of votes in favor, the President of the Republic shall declare extraordinary elections to the Riigikogu.
Article 119: If the Riigikogu has not passed the state budget within two months after the beginning of the budgetary year, the President of the Republic shall declare extraordinary elections to the Riigikogu.The Political Constitution of the Republic of Peru (1993, as Amended to 2005) Article 134The President of the Republic has the power to dissolve Congress if the latter has censured or denied its confidence to two Councils of Ministers.…Congress may not be dissolved in the final year of its mandate. Once Congress is dissolved, its Standing Committee, which cannot be dissolved, maintains its functions.The parliamentary mandate may not be revoked in any other form.Under a state of siege, Congress may not be dissolved.
Dissolution under the Exclusive Control of External Forces
The question of dissolution may lie completely beyond the control of the legislature. In some countries, a national referendum may compel legislative dissolution. More commonly, however, dissolution occurs by decision of the executive. In some countries, the executive is free to dissolve the legislature under any circumstances. In others, the possibility of dissolution by the executive may arise only under defined circumstances. It is also possible that an executive's decision to dissolve the legislature requires the support of a national referendum. A Practical Limit to Dissolution by the Executive: Finally, it is important to note that in some countries the dissolution of the legislature entails the removal of the president or prime minister from office. On a practical level, this system acts as a deterrent to unnecessary dissolution and therefore indicates a slightly greater level of legislative autonomy than other legislatures that are vulnerable to dissolution by independent decision of the executive.
Provisions
The Constitution of the Republic of India (1950, as Amended to 2005) Article 85(2):The President may from time to time - (a) prorogue the Houses or either House, (b) dissolve the House of the People.
The Constitution of the Republic of Kenya (1963, as Amended to 1997) Article 59(2) The president may at any time dissolve Parliament. (3) If the National Assembly passes a resolution which is supported by the votes of a majority of all the members of the Assembly (excluding the ex officio members), and of which not less than seven days’ notice has been given in accordance with the standing orders of the Assembly, declaring that it has no confidence in the Government of Kenya, and the President does not within three days of the passing of that resolution either resign from his office or dissolve Parliament, Parliament shall stand dissolved on the fourth day following the day on which that resolution was passed.
The Constitution of the People’s Republic of Bangladesh (1972, as Amended to 2004)Article 57(2) "If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President shall, if he is satisfied that no other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly."
Constitution of the Oriental Republic of Uruguay (1966, as Amended to 1996)Article 148 The disapproval may be individual, plural, or collective, but in all cases it must be adopted by an absolute majority of the votes of the full membership of the General Assembly, at a special and public session. However, a secret session may be decided upon whenever circumstances so demand. Individual disapproval is one that affects one Minister; plural disapproval one that affects more than one Minister; and collective disapproval is one that affects a majority of the Council of Ministers. Disapproval adopted in accordance with the foregoing articles shall mean the resignation of the Minister, the Ministers, or the Council of Ministers, as the case may be. The President of the Republic may veto the vote of disapproval whenever it has been adopted by less than two-thirds of the full membership of the body. In such case the General Assembly shall be convoked into special session to be held within the next ten days. If after the first call the number of Legislators in the General Assembly necessary to meet do not attend, a second call shall be made, in not less than twenty-four hours nor more than seventy-two hours after the first call, and if the necessary number again is not present, the act of disapproval shall be considered revoked. If the General Assembly maintains its vote by less than three-fifths of its full membership, the President of the Republic, within the next forty-eight hours, may, by express decision, retain the censured Minister, Ministers, or Council of Ministers, and dissolve the Chambers.
The Constitution of the Republic of Latvia (1922, as Amended to 2005) Article 48 The President shall be entitled to propose the dissolution of the Parliament. Following this proposal a national referendum shall be held. If in the referendum more than half of the votes are cast in favor of dissolution, the Parliament shall be considered dissolved, new elections called, and such elections held no later than two months after the date of the dissolution of the Parliament. Article 50 If in the referendum more than half of the votes are cast against the dissolution of the Parliament, then the President shall be deemed to be removed from office, and the Parliament shall elect a new President to serve for the remaining term of office of the President so removed.
The Constitution of the Republic of Yemen (1994) Article 100The President of the Republic my dissolve the House of Representatives in his discretion only when necessity may so arise and after the grounds for the dissolution are put to a referendum.
The Constitution of Botswana (1966, as Amended to 2002) Article 91(2) "Subject to the provisions of this Constitution, the President may at any time dissolve Parliament." Article 32(1) "Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament."
