Ways to expand presidential competence

Publication type Article
Status Published
Occupation: Tenured Professor, NRU HSE
Affiliation: National Research University Higher School of Economics
Address: Russian Federation, Moscow
Journal nameGosudarstvo i pravo
EditionIssue 11

The article analyzes the main directions (they can be called forms) in which the competence of the president is expanded in the system of presidentialism. Expansion of the competence of other public-power institutions is also possible, but (for various reasons) not to such an extent. The increase in the power of the president’s powers does not contradict the Constitution by itself. On the contrary, any state occasionally finds itself in situations where unconventional decisions and methods are needed. And this is mainly expected of the president, who is elected in a general election and occupies a central place in the system of state authorities. However, the natural expansion of presidential competence poses the danger of an authoritarian evolution of the head of state. It is therefore necessary to look particularly closely at what new powers the president acquires in the course of expanding his competence.

Keywordspresident, competence, delegation of authority, “hidden (implied) powers”, legislative powers, authoritarian potential
Publication date29.11.2022
Number of characters58816
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1. Alekseev A.S. On the question of the legal nature of the monarch's power in a constitutional state. Yaroslavl, 1910. P. 68 (in Russ.).

2. Bernam U. The US legal system. Issue 3 / scientific ed. V.A. Vlasikhin. M., 2006. p. 63, 64, 66, 369 (in Russ.).

3. Dugi L. Constitutional Law. The General theory of the state / transl. from Frants. A.S. Yashchenko, V.A. Krasnokutsky and B.I. Syromyatnikov; with a preface to Russ. transl. P. Novgorodtsev and the author. M., 1908. P. 632 - 635 (in Russ.).

4. Krasnov M.A. President in economics: the effect of “competency gravity” // Social Sciences and modernity. 2014. No. 1 (in Russ.).

5. Kucherenko P.A. The role and place of the President's inalienable and implied powers in the constitutional and legal system of the United States of America // Herald of the RUDN. Ser. Legal sciences. 2010. No. 3. P. 58–60 (in Russ.).

6. Makkoy D. George Washington / transl. from English by S. Samuilova. M., 2015. P. 47 (in Russ.).

7. Rimini R. A brief history of the USA / transl. from English by O. Aleksanyan. M., 2018. P. 61 (in Russ.).

8. Startsev Ya. Yu. Institutionalization of the implicit powers of the President of the Russian Federation and their role in the functioning of presidential power // Social network of scientific cooperation “Academia.edu”. URL: https://www.academia.edu/4933655 / (accessed: 08.10.2018) (in Russ.).

9. Tleubaev Zh.S. Hidden powers of the President of the Russian Federation // Bulletin of the Chelyabinsk State University. Right. Issue 32. 2012. No. 27. p. 37 (in Russ.).

10. Federalist. Political essays by A. Hamilton, J. Madison and J. Jay / transl. from English; under the general ed., with a preface by N.N. Yakovlev, comment by O.L. Stepanova. M., 1994. P. 160, 161 (in Russ.).

11. Schlesinger Jr. A.M. Cycles of American History / transl. from English. M., 1992. P. 399, 418, 429 (in Russ.).

12. Schoenbrod D. The Delegation Doctrine: Could the Court Give it Substance? // Michigan Law Review. 1985. Vol. 83. Issue 5. P. 1249.

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