EXECUTIVE POWER

Executive power is vested in the President, who is also the Head of State. The President is elected by an electoral college composed of the members of both Houses, and the members of Provincial Assemblies. Pursuant to Article 41 of the Constitution, the validity of the election of the President shall not be called in question by or before any court or other authority. The President holds office for a term of five years, renewable once.

The President acts upon advice of the Cabinet or the Prime Minister, but may require them to reconsider such advice, before acting in accordance with it. The President acts in his or her discretion upon matters entitled to him or her by the Constitution. The validity of such acts may not be called into question on any grounds whatsoever Article 48(2) of the Constitution).

The President has the power to dissolve the National Assembly, on the advice of the Prime Minister (Article 58 of the Constitution), or in his or her own discretion, under certain circumstances.

The President is advised in his or her functions by a Cabinet, with a Prime Minister at its head, appointed in the president’s discretion among the members of the National Assembly (Article 91). The Prime Minister must obtain the confidence of the National Assembly. The Cabinet is responsible to the National Assembly, which may pass a vote of no confidence.