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TERMS FOR BOTH THE CHIEF EXECUTIVE AND THE LEGISLATURE THIS IS
ELABORATED IN PARAS 12-15 OF YOUR NOTE III. HOWEVER YOUR NOTE I
ALSO SEEMS TO ENVISAGE THAT THE CHIEF EXECUTIVE WOULD HAVE THE
POWER OF DISSOLUTION WE ARE UNCLEAR AS TO HOW THESE TWO
ARRANGEMENTS CAN BOTH BE MAINTAINED TOGETHER. YOU YOURSELF POINT OUT IN YOUR PARA 15 OF NOTE III THAT CERTAIN DIFFICULTIES ARISE. AND THAT THESE DIFFICULTIES WOULD REQUIRE FURTHER STUDY.
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WE EXPLAINED BRIEFLY IN PARA 1(F) OF OUR TELNO 1789 OUR VIEWS ON THE ADVANTAGES OF AN ARRANGEMENT WHEREBY THE TERMS OF CHIEF EXECUTIVE AND LEGISLATURE GENERALLY COINCIDED. WITH THE FORMER REQUIRED TO BE REELECTED WHENEVER A NEW LEGISLATURE WAS CHOSEN. WE NOTE THAT EXCO WOULD PREFER FIXED AND POSSIBLY STAGGERED TERMS. WE HAVE SOME MISGIVINGS ABOUT INTRODUCING THIS FURTHER COMPLICATION. GIVEN THAT THE COMPOSITION OF THE LEGISLATURE WILL ALREADY FOR GOOD REASONS BE A UNIQUELY COMPLEX ONE.
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MOREOVER IF THAT WAS TO BE THE PREFERRED ARRANGEMENT. IT IS DIFFICULT TO RECONCILE WITH THE POWER OF DISSOLUTION WHICH WOULD UPSET THE FIXED CYCLE. THE TERMS OF OFFICE OF MEMBERS OF THE GEC (WHICH MIGHT CHOOSE THE CHIEF EXECUTIVE AND PART OF THE
1.EGISLATURE) BECOME A FURTHER PROBLEM. IF TO REMOVE THIS DIFFICULTY WE CONCLUDE THAT THE CHIEF EXECUTIVE SHOULD NOT JUST HAVE THE POWER OF DISSOLUTION. DO CONSIDERATIONS OF BALANCE NOT SUGGEST THAT THE LEGISLATURE SHOULD ALSO FORFEIT ANY POWER OF DISMISSAL OR REMOVAL ? IF SO. THAT WOULD LEAVE THE POWER TO REFUSE SUPPLY AS THE ULTIMATE POWER OF ENFORCING THE EXECUTIVES' ACCOUNTABILITY TO THE LEGISLATURE.
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UNDER THE FIXED TERM SYSTEM THERE ARE RISKS OF CONSTITUTIONAL DEADLOCK (CF. US ARRANGEMENTS) AND POWER IS WEIGHTED IN FAVOUR OF THE LEGISLATURE. BECAUSE THE CHIEF EXECUTIVE CANNOT REMOVE THEM. HE MUST RELY ON A PRO-GOVERNMENT FACTION TO MANAGE GOVERNMENT BUSINESS TN THE LEGISLATURE. GIVEN THE POSSIBILITY THAT A CHIEF EXECUTIVE AND A LEGISLATURE WOULD BE STUCK WITH EACH OTHER. IN A POSSIBLY UNPRODUCTIVE PARTNERSHIP. TT WOULD SEEM WISE EITHER TO KEEP THEIR FIXED TERMS OF OFFICE
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