Transformation of the application of the concept of cohabitation in the modern parliamentary system (Comparative legal analysis on the example of France and Montenegro)

Abstract

Cohabitation is a specific relationship between different forms of government, in situations where certain state functions are performed by entities that are opposed in political, ideological, interest or some other line. At the same time, cohabitation is not the result of a coalition or similar agreement, but a consequence of the elections that "imposed" this form of cooperation. In other words, it is more a necessary form of collaboration than the desire of political actors to exercise power together.

In modern political practice, the most common form of cohabitation takes place between the executive, which bases its legitimacy on the parliamentary majority it won in the elections, on the one hand, and the president, who is elected in direct elections by citizens.The subject of the analysis is the transformation of this legal institute, which takes on certain elements that were not present in the original concept, but its application in practice has led to certain changes.

In this way, the scope, results and consequences of cohabitation in two different forms of parliamentarism are compared through comparative analysis: in Montenegro, whose organization of government can be called rationalized parliamentarism, and the Republic of France, where there is a special form of parliamentarism expressed through a semi-presidential system.