The Question
I am looking for a country index of legislative re-election. I want to know which countries allow and which do not allow immediate legislative re-election. Can you help me?
 
Thanks.
 
Luis Guillermo Colín Villavicencio

Summary of responses
The responses noted that a ban on legislative re-election is not very common. The prohibition of re-election, such as in Mexico, may mean that parliamentarians have to leave shortly after warming up to the parliamentary process. It was also mentioned that a parliament can fall short of capacity and effective continuity in its processes with such practices.

Further, the link was made between ‘legislative re-election’ and ‘recall’, the latter being in use for example in California and being considered in several Canadian provinces. It was pointed out that good governance may be adversely affected if the use of recalls increases instability of elections and mandates. Similarly it was mentioned that continuity and stability is an essential element of building leadership within the ranks of political parties, looking towards fostering future top level leaders. 

A contributor noted that the term 'legislative re-election' does not convey which of the forms of re-election is being referred to. For instance, national presidential re-election is controlled by legislation in countries such as Kenya, Mexico and the USA, and while the lower level legislature in the USA has a more limited two-year term, they together with many others including Bosnia and Herzegovina and Kenya, have no limitations as to the number of terms one can serve.

Finally, the Tanzanian example was brought up, where incumbent members of parliament can be re-elected as many times as their political parties nominate them and voters elect them, but also that the competition within parties still produce turnover among members of parliament.

Examples of related ACE Articles and Resources
Encyclopaedia:

• Legislative Recall 
• Recall 
• United States: Total Recall - the election of Schwarzenegger in California 
• Mexico: Democratization Through Electoral Reform 

External Resources

• IPU
• Direct Democracy: The International IDEA Handbook  

Names of contributors
1. Martin Hallberg
2. Horacio Boneo
3. Atem Oben Henry Ekpeni
4. Monte McMurchy
5. Carl Dundas
6. Tihomir Vujicic
7. Mirimo Mulongo
8. Immaculate Njenge
9. Amon Emmanuel Chaligha
10. Juma Thomas Otieno

Hi Luis,

Thank you for your question. I think this is an interesting topic which merits discussion and from what I know there are not many countries that use explicit legislative prohibitions to re-election (Mexico and Costa Rica being two exceptions in this regard that I know of).

I hope the other experts in the network can provide more examples of countries which legislate on re-election.

With kind regards,

Martin

Hi Luis,

Send the question to the Inter Parliamentary Union (www.ipu.org).   I am sure they have all the basic information and most probably they will process it for you.  They are very nice people.

Anyhow, I fully agree with Martin that it is not very common.  The prohibition of reelection (even for one period) in the case of Mexico is quite unwise: parlamentarians have to leave shortly after they have learned how the Parliament works.

Best,

I agree with Martin and Horacio. This a very undemocratic and I think a nation and parliament in particular can fall short of capacity and effective continuity in its processes. If all elected have to leave, there is no evidence of continuity and follow up to produce the desired results.

Luis as indicated by Horacio, IPU can give you details on this topic.

Best

Legislative re-election which I consider as being another term/name for 'recall' which is being used in California allowing the [re] election of Schwartzeneger following the recall of the previous Governor. Electoral parliamentary recall is being considered for implementation in several of the Canadian Provinces [which I strongly do not support].

Legislative re-election or recall in my opinion deconstructs prescriptively the electoral process; as an election is the social policy instrument to regulate choice among competing interests allowing the successful entity to govern as the people made an electoral choice as to whom they preferred.

Good Governance Stability will be adversly affected if a recall/re-election is allowed to become a regulatory instrument ensuring that passion and/or short term anger/fear/irritation by the electorate is to be considered as a normative vehicle of governance implementation.

I as well would be most curious as to which countries/states/provinces allows recall/re-election.

Elections are all about choice and stability between elections is important ensuring that governance by the elected entity is granteed the opportunity to demonstrate capacity for 'good' governance.

Remember that in the lower house of Representatives elections are held every two years which by manner is considered as being a reasonable and rational method of the population exercising constraint of their representative[s] which unfortunately for a variety of other reasons is no longer considered as valid as witnessed by the PAC's who assist like minded elected officials with financial assistance so long as their issue is maintained.

I look forward to reading responses made by others.

Monte McMurchy

The term 'legislative re-election' is imprecise, as it does not convey which of the forms of re-election that is being contemplated. National presidential re-election is controlled by legislation in many countries -restricted to one term, as in  Mexico; two terms, as in the USA; or unlimited Terms, as in Uganda and Venezuela.

In some countries, the elected term of a particular Assembly may limited to a short period, for example, the House of Repesentatives in the USA (2 years), in most Commonwealth countries, the lower House may enjoy a 5-year term, or in a few cases, e.g Australia, 4-year term.

The incidence of re-call of a member of parliament, during the term of office, is some times legislated for, or stipulated in the country's Constitution.

There are also situations where the election legislation scheme requires re-election if there is a tie between two candiates at an election- national or by-election. 

In Bosnia and Herzegovina it is possible to conduct re-election in legislative bodies. Namely in the law there no limitations (number of mandates) to elected candidates in the legislative bodies to apply and become candidates at an elections.

Bonjour monsieur Luis,

Il y a certainement plusieurs pays dans les quels les parlementaires peuvent se représenter.

C'est le de la RD Congo mon pays et cela depend  d'une législation à une autre.Pour avoir la liste exhaustive  des pays qui pratiquent cela c'est mieux de contacter l'union inter parlementaire.

Dieudonné MIRIMO MULONGO

English translation from the facilitator

Dear Mr. Luis,

There are certainly several countries in which parliamentarians can rerun.

It is the case of the RD Congo, my country, and it changes from one legislation to another. To obtain an exhaustive list of countries following such practices, it is better to contact the Inter-Parliamentary Union (IPU)

Dieudonné MIRIMO MULONGO

The issue of re-election is one that is governed by the constitution of a given country. In Kenya for Instance, there is no limitation as to the number of times that a Member of Parliament can seek re-election. Indeed, we have members of parliament who have been in the house since the 1960. However, this is not the case for a president who has a term limit of two terms and the same for a governor (which is a new position in the constitution).

I believe therefore that this will depend from country to country.

Legislative re-election is common practice in Tanzania, like it is the case in many commonwealth countries. Incumbent members of parliament can be re-lected as many times as their political parties nominate them and voters agree. Members of Parliament turn over is however high because there is stiff competition within political parties especially within the ruling party. I think the final verdict should be left with the voters.

Re-election of any politician is a variable of many factors as colleagues have suggested. Probably you will benefit much from the sit Mr. Horacio has recommended.

My understanding of legislative re- election is that some are looking for ideals in regulation of terms of elective offices. That is right but let us think beyond idealism to realism which I tend to think democracy advocates. Having its basis on peoples power of choice, it is a finality for them to determine who leads/rules them as per the dictates of the constitution.

With the exception of the Chief Executives whose terms have been somehow controlled all over the world, legislative re- election may have its limitation on other elective offices. Continuity and stability is an essential element of building leadership required within the ranks of political parties in order to produce presidents and other cadres. These lower layers are nursery/kindergattens for top leaderships.

In Africa one may not be noticed in one term senate/governor/ parliamentary appearance even if you are holding the golden boot of leadership hence need for a bit more relaxed legislation for the nursery levels. Countries which have gone beyond our levels of identifying leaders even from outside the serving elected can embrace legislative re-election in its ideal form if they so wish.