Chapter 7: The presidential office: qualification, election and term

This chapter summarizes current constitutional design regarding qualification, election and term of a President. It is based on the review of national constitutions and seeks to establish a common ground for writing and amending constitutions. Item on a negative list for potential presidential candidate such as age restrictions, citizenship or residence requirements, education or religion are individually assessed as well as requirements of the oath of the president. Criteria for a “good” election clause are reviewed. Procedural elements of a direct or indirect presidential election are compared and the question is addressed what follows if none of the candidates obtains the required majority. Finally, the controversial duration of a presidential term is broken into components including possible re-elections after regular election into the office as well as the prohibition of non-consecutive re-election. This chapter forms part of Vol. I of Writing Constitutions.

https://doi.org/10.1007/978-3-030-94602-9_7