The choice, as authors have put it, is therefore between certainty and clear and
effective governing, on one hand, and a representative parliament with negotiations
between majority-seeking parties, on the other hand. In practice, many states have
sought variations of the two systems in order to try to benefit from the advantages of
both approaches.
8.3.4 Final Comment
In practice, electoral systems show the narrow link between politics, political
parties, and constitutional law. We have noted before that politicians and politics
decide the many choices left open by constitutional law. Here we note that political
parties are very much involved in elections and the effects and outcome of
elections. Constitutional law cannot be fully understood without a comprehension
of politics, the political situation, and history. Similar constitutional systems may
have different effects and lead to different outcomes and stability or success than
others. Legal instruments may be copied, but political practice, political parties,
political culture, customs and the interplay with other legal and constitutional
agents, and (legal) education are a lot more difficult, if not impossible to copy,
and yet these other aspects codetermine the success or failure rate of a constitutional
model. In time, a constitutional model may have to change in its political and
factualmodus operandidue to changed circumstances. Sometimes institutions
remain the same in name but change drastically in how they operate.
The British Queen may be the Head of State and possess a variety of prerogative powers,
but this description does not do justice to constitutional law and politics in the UK, which
sets out that the Queen operates as the Queen in Parliament and that she may only act upon
the recommendation of the Prime Minister.
The study of constitutional law therefore shows that, as have many examples
given in this chapter, what are required are a comprehension of constitutional law in
action and an understanding of the mechanisms of power, control, accountability,
personality, and nonstate agents such as political parties.
Recommended Literature
Ginsburg T, Dixon R (eds) (2011) Comparative constitutional law. Elgar, Cheltenham
Heringa AW, Kiiver P (2012) Constitutions compared, 3rd edn. Intersentia, Antwerpen
188 A.W. Heringa