Dissolution of parliament
The dissolution of a legislative assembly is the simultaneous termination of service of all of its members, in anticipation that a successive legislative assembly will reconvene later with possibly different members. In a democracy, the new assembly is chosen by a general election. Dissolution is distinct on the one hand from abolition of the assembly, and on the other hand from its adjournment or prorogation, or the ending of a legislative session, any of which begins a period of inactivity after which it is anticipated that the same members will reassemble. For example, the "second session of the fifth parliament" could be followed by the "third session of the fifth parliament" after the close of a session, but would be followed by the "first session of the sixth parliament" after a dissolution.
In most Continental European countries, dissolution does not have immediate effect – that is, a dissolution merely triggers an election, but the old assembly itself remains capable of functioning and continues its existing term, with its members remaining in office, until the new assembly convenes for the first time. In those systems, ordinarily scheduled elections are held before the assembly reaches the end of a fixed or maximum term, and do not require a dissolution.
In most Westminster systems, however, a dissolution legally ends the existence of the assembly, resulting in a temporary power vacuum, which may be filled in special circumstances by recalling the old assembly if need be. Because of this peculiarity, Westminster systems also have automatically-triggered dissolutions when the assembly reaches the end of a fixed or maximum term, since the act of dissolution itself is synonymous with the end of the assembly's term, and elections cannot be held in anticipation of a dissolution.
Early dissolutions may be possible in parliamentary and semi-presidential systems, to resolve conflicts between the executive and the legislature; either a "snap election" called by an executive seeking to increase its legislative support, or an election triggered by parliament withholding confidence and supply from the government. Some presidential systems also allow early dissolutions, usually by the legislature voting to dissolve itself, but sometimes by executive action in more authoritarian presidential systems, or, as in Ecuador's muerte cruzada, the president dissolving the legislature at the cost of facing a new election themselves.
In a bicameral legislature, dissolution may apply jointly or separately to the lower house and upper house, or may apply only to the lower house, with the upper house never fully dissolved. In a bicameral Westminster system, the expression "dissolution of parliament" typically refers to the dissolution of the lower house, just as "member of parliament" means member of the lower house.
Australia
The House of Representatives, but not the Senate, can be dissolved at any time by the governor-general on the advice of the prime minister. The term of the House expires three years after its first meeting if not dissolved earlier. The governor-general can dissolve the Senate only by also dissolving the House of Representatives and only in limited circumstances spelled out in the Constitution.There is a convention that the Governor-General only orders a dissolution on the advice of the prime minister. This convention was demonstrated in the dismissal of prime minister Gough Whitlam by Governor General Sir John Kerr in 1975. Kerr claimed that dissolving the House of Representatives was his duty and "the only democratic and constitutional solution" to the political deadlock over supply. Whitlam refused to advise Kerr to call an election, and Kerr replaced him with a caretaker prime minister, Malcolm Fraser. Fraser promptly advised a double dissolution, and Sir John acted in accordance with that advice.
Parliament of Victoria
Unlike the Commonwealth Parliament, the premier and governor of Victoria have very little discretion in dissolving the Parliament of Victoria. Both the Legislative Assembly and the Legislative Council are dissolved automatically twenty-five days before the last Saturday in November every four years. However, the governor can dissolve the Legislative Assembly if a motion of no confidence in the premier and the other ministers of state is passed and no motion of confidence is passed within the next week. Finally, the premier can advise the governor to dissolve both houses in the case of a deadlocked bill.Bangladesh
In Bangladesh, the dissolution of the Parliament is governed by Article 72 of the Constitution, which states that Parliament shall be summoned, prorogued, and dissolved by the President through public notification. The President exercises this power based on the written advice of the Prime Minister.Following the dissolution, general elections must be conducted within 90 days. The newly elected Parliament is required to convene within 30 days after the publication of election results.
A notable instance occurred on August 6, 2024, when President Mohammed Shahabuddin dissolved Parliament after Prime Minister Sheikh Hasina's resignation amid a mass uprising which led to the formation of an interim government tasked with overseeing the country until new elections could be organized.
Although, Bangladesh’s constitution does not provide explicit provisions for an interim government following such a dissolution, leading to a constitutional crisis during the period. The interim government established a Constitutional Reform Commission to draft a new constitution and prepare for constituent assembly elections.
Belgium
In Belgium, dissolution occurs either by royal order or by law upon a Declaration of Revision of the Constitution. Since the First World War, elections have always been called with either of these actions, except for 1929. A third scenario, dissolution by law due to a vacant throne, has never occurred.Dissolution by law dissolves both the Chamber of Representatives and the Senate. A royal order originally could dissolve the Chamber, the Senate, or both. However, the last dissolution of one chamber only happened in 1884; both chambers were always dissolved together since then. With the 1993 constitutional reforms, only the Chamber could be dissolved, with the Senate being automatically dissolved as well. Since 2014 constitutional reforms, only the Chamber can be dissolved, as the Senate is no longer directly elected.
After dissolution, elections must be held within 40 days, and the new chambers must convene within three months.
Parliaments of the regions and communities cannot be dissolved; they have fixed five-year terms.
Brazil
Under the current constitution, there is no formal way to dissolve the Federal Senate or the Chamber of Deputies.Imperial Era
In May 1823, eight months after Independence, the first brazilian legislative experience began, with the installation of the General, Constituent and Legislative Assembly, with the task of drafting the country's first Constitution. Six months later, in confrontation with the Deputies, Emperor Dom Pedro dissolved the assembly, ordered the arrest and exile of some deputies and created a Council of State to draft the Constitution, which he signed in 1824.This was the first of the eighteen times that the legislature was dissolved, the Imperial Constitution and its quasi-parliamentary model formalized the Emperor's power to dissolve the Chamber of Deputies. During the Regency and reign of Dom Pedro II, the Chamber of Deputies was dissolved on several occasions, almost always when the clash between conservatives and liberals or between legislators and the reached a degree considered too high by the Emperor.
First Republic
After the Proclamation of the Republic, in 1889, a Constituent Congress was convened to prepare the first republican charter, which came into force in 1891. However, on 3 November of that year, the National Congress would be closed by President Deodoro da Fonseca, with the legislature reinstated after the attempt was deemed a coup and he resigned.Vargas Era
The legislature was closed twice by Getúlio Vargas. After the Revolution of 1930, as Head of the Provisional Government, Vargas dissolved the National Congress, the state legislative assemblies and the municipal chambers. Pressured by the failed Constitutionalist Revolution, Vargas was forced to call elections for a National Constituent Assembly.On 10 November 1937, now President of the Republic elected by the same National Congress, Vargas staged a coup d'état, establishing the Estado Novo. He closed the legislature and instituted a new, authoritarian Constitution. Despite the new charter determining the convening of a "National Parliament" with a appointed Federal Council and a Chamber of Deputies that could be dissolved, elections were never held.
Republican Parliamentarism
During the brief parliamentary experience from 1961 to 1963 as a way to allow the inauguration of President João Goulart under strong political and military opposition, the determined that "erified the impossibility of maintaining the Council of Ministers for lack of parliamentary support, proven in motions of no confidence, consecutively opposed to three Councils, the President of the Republic may dissolve the Chamber of Deputies".The then President of the Republic never exercised this attribution and the return to the presidential system stripped him of any competence to dissolve the Chamber of Deputies.
Military dictatorship
During the twenty-one years of the military dictatorship, the National Congress was "suspended" three times. Institutional Act No. 2 gave the President of the Republic the power to decree the recess of the two Houses of the National Congress, and during this period he had the prerogative to legislate.On 20 October 1966, President Castelo Branco decreed recess for a month, to contain a "grouping of counter-revolutionary elements" that had formed in the legislature "with the aim of disrupting public peace". On 13 December 1968, President Costa e Silva issued AI-5, an institutional act that began the most repressive and violent period of the dictatorship, closing the National Congress to combat subversion and "ideologies contrary to the traditions of our people ".
The last person to decree the closure of the legislature was President Ernesto Geisel, in 1977, through the "April package", after the National Congress rejected a constitutional amendment. Geisel alleged that the MDB had established a "minority dictatorship".