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§ Note: this is background material. The final handbook is available online in PDF format.

The question of whether the legislature alone can vote no confidence in government closely relates to the degree of influence the legislative branch may exercise over the executive. The ability to remove the government or head of government from office through a vote of no confidence demonstrates a high degree power in the legislature.

Ability to Vote No Confidence
In some countries, the legislature is able to take a vote of no confidence and effect the removal of the government. Significantly, under some constitutions, a vote of no confidence may entail the dissolution of the legislature. Despite the political burden of such an arrangement, the empowerment of the legislature to vote no confidence in the government remains an indicator of power. More information

Provisions

The Constitution of the Republic of Kenya (1963, as Amended to 1997)Article 59(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 Political Constitution of the Republic of Peru (1993, as Amended to 2005) Article 130Within 30 days of assuming his functions, the President of the Council of Ministers attends Congress accompanied by the other ministers to expound and discuss the government’s general policy and the principal measures necessary for their implementation. For that purpose, a vote of confidence is taken.Article 132Congress implements the political responsibility of the Council of Ministers, or of the ministers individually, by means of a vote of censure or by defeating a vote of confidence. The latter may only be proposed upon a ministerial initiative.Any motion of censure of the Council of Ministers or of any of the ministers must be introduced by no fewer than 25 percent of the legal number of members of Congress. It is debated between the fourth and tenth calendar day following its introduction. Its approval requires the vote of over half the legal number of the members of Congress.The Council of Ministers or the censured minister must then resign.The President of the Republic accepts his resignation within the subsequent 72 hours.The defeat of a ministerial initiative does not obligate the minister to resign, unless its approval was made a question of confidence.Article 133The President of the Council of Ministers may introduce before Congress a question of confidence on behalf of the Council of Ministers. If confidence is denied, or if the President is censured, or if he resigns or is removed by the President of the Republic, a total crisis of the Cabinet is produced.
Constructive Vote of No Confidence
Some constitutions require the legislature to designate a new head of government before voting no confidence. This so-called "constructive" vote of no confidence provides for a greater degree of stability while still allowing the legislature to remove the head of government. More information

Provisions

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />The Basic Law of the Federal Republic of Germany (1949, as Amended to 2006)Article 67 [Constructive vote of no confidence](1) The Bundestag may express its lack of confidence in the Federal Chancellor only by electing a successor by the vote of a majority of its Members and requesting the Federal President to dismiss the Federal Chancellor. The Federal President must comply with the request and appoint the person elected.(2) Forty-eight hours shall elapse between the motion and the election.Article 68 [Vote of confidence; dissolution of the Bundestag](1) If a motion of the Federal Chancellor for a vote of confidence is not supported by the majority of the Members of the Bundestag, the Federal President, upon the proposal of the Federal Chancellor, may dissolve the Bundestag within twenty-one days. The right of dissolution lapses as soon as the Bundestag elects another Federal Chancellor by the vote of a majority of its Members.(2) Forty-eight hours must elapse between the motion and the vote. 

The Constitution of the Kingdom of Spain (1978, as Amended to 1992)Article 1011. The Government shall resign after the holding of general elections, in the event of loss of parliamentary confidence as provided in the Constitution, or on the resignation or death of the President.2. The outgoing Government shall continue as acting body until the new Government takes office.Article 1131. The Congress may implement the political responsibility of the Government by adopting a motion of censure by an overall majority of its Members.

2. The motion of censure must be proposed by at least one-tenth of the Members of Congress and shall include a candidate for the office of the Presidency of the Government.3. The motion of censure may not be voted until five days after it has been submitted. During the first two days of this period, alternative motions may be submitted.4. If the motion of censure is not adopted by the Congress, its signatories may not submit another during the same period of sessions.Article 1141. If the Congress withholds its confidence from the Government, the latter shall submit its resignation to the King, whereafter the President of the Government shall be nominated in accordance with the provisions of Article 99.2. If the Congress adopts a motion of censure, the Government shall submit its resignation to the King, and the candidate proposed in the motion of censure shall be deemed to have the confidence of the House for the purposes provided in Article 99. The King shall appoint him or her President of the Government. 

The Constitution of the Republic of Poland (1997)Article 1541. The President of the Republic shall nominate a Prime Minister who shall propose the composition of a Council of Ministers.2. The Prime Minister shall, within 14 days following the day of his appointment by the President of the Republic, submit a program of activity of the Council of Ministers to the Sejm, together with a motion requiring a vote of confidence. The Sejm shall pass such vote of confidence by an absolute majority of votes in the presence of at least half of the legal number of Deputies.3. In the event that a Council of Ministers has not been appointed pursuant to paragraph 1 above or has failed to obtain a vote of confidence in accordance with paragraph 2 above, the Sejm, within 14 days of the end of the time periods specified in paragraphs 1 and 2, shall choose a Prime Minister, as well as members of the Council of Ministers as proposed by him, by an absolute majority of votes in the presence of at least half of the legal number of Deputies. The President of the Republic shall appoint the Council of Ministers so chosen and accept the oaths of office of its members.

 

Limited Ability to Vote No Confidence
Some legislatures are limited in their ability to vote no confidence in the government. For example, a legislature may be able to vote no confidence in individual ministers but not in the government as a whole. More information

Provisions

<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />Constitution of the Republic of Namibia (1990, as Amended to 1998)Article 29 Term of Office

(1) (a) The President's term of office shall be five (5) years unless he or she dies or resigns before the expiry of the said term or is removed from office.(b) In the event of the dissolution of the National Assembly in the circumstances provided for under Article 57(1) hereof, the President's term of office shall also expire.(2) A President shall be removed from office if a two-thirds majority of all the members of the National Assembly, confirmed by a two-thirds majority of all the members of the National Council, adopts a resolution impeaching the President on the ground that he or she has been guilty of a violation of the Constitution or guilty of a serious violation of the laws of the land or otherwise guilty of such gross misconduct or ineptitude as to render him or her unfit to hold with dignity and honour the office of President.Article 39 Vote of No ConfidenceThe President shall be obliged to terminate the appointment of any member of the Cabinet, if the National Assembly by a majority of all its members resolves that it has no confidence in that member. 

The Political Constitution of Colombia (1991, as Amended to 2005) Article 135Each chamber [of Congress] will have the following powers:9. Propose a motion of censure with respect to ministers for matters related to functions for which they are responsible. Should it come to that, the motion of censure will have to be moved by at least one-tenth (1/10) of the members who make up the respective chamber. The vote will be taken between the third (3rd) and tenth (10th) day following the termination of the discussion, in plenary session, with the respective ministers attending. Approval of the motion will mandate an absolute majority of the members of each house. Once the motion is approved, the minister will be relieved of his/her position. If it is rejected, no other motion of censure may be proposed concerning the same issue unless justified by new facts. 

 

No Ability to Vote No Confidence
Some legislatures do not have the power to vote no confidence in the government and thereby effect the removal of government by itself. More information

Provisions

The Constitution of the Republic of Ecuador (1998) Article 167.The President of the Republic shall cease in his function and leave his post vacant in the following cases:1. Because of termination of the period for which he was elected.2. Because of death.3. Because of a resignation accepted by the National Congress.4. Because of physical or mental disability, legally proven and declared by the National Congress, that impedes the exercise of his post.5. Because of removal from office after a political trial.6. Because of abandonment of the post, declared by the National Congress.Article 176.The ministers of State shall be freely appointed and removed by the President of the Republic and shall represent him in matters corresponding to the ministry in their charge. They shall be responsible for acts and contracts that they complete in the exercise of this representation.The number of ministers, their denomination and the matters of their competence shall be determined by the President of the Republic.

The Constitution of Eritrea, 1997Article 41Election and Term of Office of the President1. The President shall be elected from amongst the members of the National Assembly by an absolute majority vote of its members. A candidate for the office of the President must be nominated by at least 20 percent vote of all the members of the National Assembly.2. The term of office of the President shall be five years, equal to the term of office of the National Assembly that elects him.3. No person shall be elected to hold the office of President for more than two terms.4. When the office of the President becomes vacant due to death or resignation of the incumbent or due to the reasons enumerated in Sub-Article 6 of this Article, the Chairperson of the National Assembly shall assume the office of the President. The Chairperson shall serve as acting President for not more than thirty days, pending the election of another President to serve the remaining term of his predecessor.5. The term of office of the person elected to serve as President under Sub-Article 4 of this Article shall not be considered as a full term for purposes of Sub-Article 3 of this Article.6. The President may be removed from office by two-thirds majority vote of all members of the National Assembly for the following reasons:a. violation of the Constitution or grave violation of the law;b. conducting himself in a manner which brings the authority or honor of the office of the President into ridicule, contempt and disrepute; andc. being incapable of performing the functions of his office by reason of physical or mental incapacity.7. The National Assembly shall determine the procedures for the election and removal of the President from office.

 

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