On 28 May 1990, the founding of the Yemeni Republic was announced, and the political system in accordance with the constitution of the single government was based on several principles affirmed by the constitution. Among these are the following:

1- The people’s sovereignty, for the constitution stipulates: “People are the rightful owners of power and its source, and they exercise it directly through plebiscite and public elections practices it indirectly through legislative, executive, and judicial powers and through the local elected councils .

2- The separation of powers, combined with cooperation among them, for the constitution adopted the principle of flexible separation among the three general powers and affirmed the existence of a mutual supervisory and cooperative relationship among them, particularly between the legislative and executive powers . The truth is that the separation of powers principle is one of the main foundations and principles on which the Yemeni constitution was based and is considered one of the main distinctive characteristics of democratic governments where different powers have the legal right to practice each of their assigned functions. Yet modern democratic systems adopts in addition the principle of separation of powers based on the “limitation and balance” principle which permits the interference of powers in each others functions within the limits that suffice for each to supervise the other and in accordance with the nature of the system and the form of government .

Yet the principle of the separation of powers must not be understood as isolating them from each other, for this is an unrealistic interpretation and cannot be achieved. According to the constitution, each power must supervise the other two and must not overstep the power granted to them by the constitution—this principle also guarantees the non-dominance of an individual or group on the country’s capabilities and future .

By studying the Article of the constitution, the levels of the relationships between the three powers become clear, whereby each of them practices powers and jurisdictions toward the other two powers. This emerges as follows:

1- The Legislative Power’s Influence on the Executive Power
A- The parliament in its relationship with the President of the Republic practices the following jurisdictions:
1- The candidacies for the post of President of the Republic are submitted to the Speaker of Parliament, examined by the Presidency Association, and voted uncontested by the parliament prior to presenting them to the people for electing the President of the Republic who serves the constitutional pledge before parliament members.
2- Approving the decretal laws taken by the President of the Republic.
3- Accepting the President of the Republic’s resignation.
4- Practicing the functions of the government’s presidency in case the president’s post is vacant.
5- Directing an accusation of high treason accusation or of constitutional violation or of any act that damages the country’s independence and sovereignty to the President of the Republic and high-ranking government employees .

B- The parliament practices in its relationship with the government the following jurisdictions:
1- Granting a vote of confidence to the government through approving its program submitted within 25 days from the date of its formation—whereby the Prime Minister within 25 days at most from the formation of the Council of Ministers submits the government program to the parliament to acquire its confidence by the absolute majority of council members. If the parliament is not in its regular session, it calls for a special session. Council members as a whole can add to the government’s report. The government’s inability to acquire the above-mentioned majority vote is considered as withholding confidence from it .
2- Practicing supervisory activities over the government’s activities through:
- Directing instructions.
- Proposing a general topic for discussion.
- Forming committees of assigning on the parliament’s committees to investigate facts and examine the activities of the executive bodies belonging to the government.
- Directing questions.
- Interrogation .
3- Approving or rejecting draft laws submitted by the government.
4- Ratifying projects of development plans and the annual budget and closing accounts in addition to the government’s general policy set by the executive authority’s two branches.
5- Ratifying treaties and agreements ratified by the government.
6- Contesting confidence in the government following an interrogation of the Prime Minister or his deputy.
7- Directing a recommendation to the President of the Republic to arrest the Prime Minister or his deputies or ministers or their deputies .

It is noteworthy in this context regarding political responsibility that the government president does not shoulder a political responsibility (he is not interrogated except if being accused of high treason). As for the government or Council of Ministers, it does not shoulder a collective responsibility before the parliament, and every member of the council of ministers is considered individually responsible about the acts performed in his domain of specialization .

2- The Executive Power’s Influence on the Legislative Power
A- The President of the Republic practices in his relationship with the parliament the following:
1- Summoning voters to hold elections for the parliamentary council.
2- Summoning the parliament to assemble within two weeks from the date of declaration of election results. The President also ahs the right to call for the holding of an exceptional session.
3- Practicing the legislative functions in the parliament’s inter-session periods or during its dismissal by issuing decrees that have the force of law.
4- Requesting re-examination of any law issued by the parliament within 30 days from the date of being submitted to him (the cassation right).
5- Promulgating laws approved by the parliament and guaranteeing their publication in the official gazette, thus announcing the birth of a new law and issuing decrees enforced for it (the publication right).
6- Issuing a decree on ratifying treaties and agreements approved by the parliament and the laws he approves and that do not become enforced except if he ratifies them (based on that, the ratification is considered part and parcel of the legislative process) (the ratification right) .
7- The right to dismiss the parliament when necessary on the condition that a plebiscite is held on the reasons of dismissal, and this is considered on of the legislative power’s key supervisory tools—and is equivalent in its danger to the ministerial responsibility before the parliament, and it is on both that the balance between the legislative and executive powers rests .

B- The government exercises the following:
1- Proposing a draft law or proposing amending it.
2- The right to issue by-laws and regulations which the constitution authorizes it to issue such as executive and essential by-laws.
3- Overlapping membership in the parliament and cabinet. This is considered one of the flexibility manifestations in the separation of powers and cooperation between them in the parliamentary system, where ministers may attend parliament meetings by virtue of their membership in the council, may participate in discussion of draft laws proposed to it, and defend government policy and vote on all the matters under discussion .

Despite the system being based on the adoption of the separation of powers, others view these powers as intertwined in one form or another, considering the parliament’s possession of strong privileges to a large extent. It is authorized to elect the Presidential Council, consisting of 5 members (in accordance with the 1991 constitution). It also grants and contests confidence in the government and votes on laws…and apart from that it has privileges that have been mentioned above. As for the government, it is responsible before the parliament and at the same time before the Presidential Council. If the parliament contests confidence in it, it is obliged to resign. As such, one may describe the Yemeni Republic’s governmental system as parliamentary with two executive branches, whereby the Presidential Council’s functions in essence are restricted to representational and regulatory. Theoretically, no law can be become effective or in force without referring to the parliament .

It must be noted in this context that the constitutional amendment in 1994 when the constitution of the single government has adopted the principle of collective presidency of the government represented in the Presidential Council consisting of 5 members elected by the parliament. The situation continued as such until the constitution was amended in 1994, whereby the constitution after being amended in paragraph A of Article 105 stipulated that “The President of the Republic is the country’s president in accordance with the constitution.” Article 107 revealed that this occurs over two phases. The first phase is by submitting the candidacies to the parliament to receive their enhancement, and he who is considered a candidate for the post is he who receives the vote of confidence of 10% of parliament members. The second phase is that of election of candidates directly by the people. This constitutional amendment in actuality strengthens the powers of the President of the Republic who is given sovereignty by the people by being placed a the same legislative level of the parliament and gives him influence whose source is the people .

4- The Republican Rule system is democratic and parliamentary. This becomes evident from a study of the constitution’s provisions. Its first Article stipulates: “The Yemen Republic is a sovereign independent Arab Islamic country”. In accordance with this text, most of the constitutional texts affirm the republican system. It is also democratic and parliamentary as affirmed by the third clause of the constitution on the “Regulating the Government’s Powers” report. The parliamentary system rule has pillars and distinctions whose presence is necessary. They may be summarized as follows :

A- That there should be a parliament elected by the people and possessing actual powers in legislation. This constitution has addressed this pillar in the first chapter of the third clause titled “Parliamentary Council”. This pillar is considered the main support for the parliamentary system . This constitution affirmed that the parliament is the government’s legislative power and the body that judges laws and approves the government’s general policy, including the general plan for economic and social development as well as the fiscal plan and closing account. The legislative power (represented by the parliament) practices guidance of and supervision over the executive council’s activities .

To actualize this pillar as well, the constitution stipulates in Article 26 that 301 members are elected by public direct secret equal ballot, and the republic is divided into electoral constituencies equal in terms of population number with an allowed difference of 5% more or less, and one member is elected for every constituency” .

B- The conditions that parliament members need to meet, indicated by Article 2-63 of the constitution as follows:
1- That he is a Yemeni.
2- That he is at least 25 years old.
3- That he reads and writes.
4- That he be morally and behaviorally upright, that he exercise religious duties, and someone to whom no court verdict has been issued whether regarding an offense of dishonor or lack od trustworthiness .

On reflecting on the above conditions, it becomes clear that the legislator expanded the sphere of those desiring to run for parliament. For example, the nationality condition does not specify an original nationality even though it does state a restriction with regard to naturalized citizens requiring the full passage of the specified legal period in the nationality law to prove the authenticity of the naturalized citizen’s loyalty and incorporation. The minimum age for the candidate was made to be 25 and only requires the ability to read and write. Of the important remarks to be made in this context regarding the 1997 elections is their huge difference from the 1993 elections, in the significant development regarding the level of elected parliament members. Numerous holders of high qualifications from different specializations succeeded in being elected to the parliament .

(C) The parliament member does not represent a specific department nor even the department that elected him but rather represents the entire people. Article 74 of the constitution stipulates: “The parliament members represents the entire people” .

In addition, the parliament member is independent during his representation of the college of electors, for the amended Article 74 r.ot.s.d.l.a.n.m. revealed that membership in the parliament is not held by any restriction or any condition stated by the constitution .

(D) The timing of the parliament’s duration—the constitution specified the council’s duration as four years, whereby Article 64 states that the “Parliament’s session is four solar years that begin from the date of its first meeting”. The call for electing a new parliament at least 60 days before the end of the present parliament’s session .

(E) The parliament’s bodies—the constitution gave the parliament the right to set its by-laws, which cover its operation and that of its committees. The by-laws that have been set cover the parliament’s operation and specify the bodies and jurisdictions of each. The parliament’s principal bodies are: the Speaker of Parliament, the Association of the Council’s Presidency, and the committees .

3- The Parliament’s Committees So that the parliament achieves the effectiveness required for making decisions regarding draft law, committees were founded to divide work among them based on jurisdiction.

Committees have much importance in the parliament. This importance stems from their focus on different fields enabling thorough and accurate study of topics in their frame of work. Specialized and deep discussion occurs within committees and not the parliament hall. This is why permanent committees are considered the heart of the parliament, for in addition to being specialized, their mission is to study proposed legislation and to recommend either approving it or rejecting it. Committees’ decision is considered one of the main factors in determining the future of a draft law—for when the specialized committee submits to the parliament a report supportive of the draft law, there is a high possibility that it will be approved, and rarely does the draft law succeed without the specialized committee’s approval .

The parliament has formed 17 specialized committees based on its by-laws, which are issued by Law no. 5 of 1990. The number was increased to 19 with the new by-laws issued by Law no. 43 of 1997 .

The fact is that committees play a major and important role. It is with them that the larger part of the legislative and supervisory process resides. The topics proposed to the parliament are referred to the committees, and parliaments’ activity is usually concentrated in the committees’ activities, for committees are the active instrument to operate any legislative institution, even though the activities of the parliament’s committees, as some parliament members themselves assert, are restricted and limited with respect to legislation by around 90% and the remainder of that activity is devoted to supervisions. These members attribute this to the following :
- First: The lack of accumulation of experience in activating the parliament’s committees.
- That the parliament does not practice the constitutional right that stipulates that the parliament is permitted to resort to the aid of specialized local or foreign experts for help in activating committees’ work and benefiting from them.
- The unavailability of financial resources, for it is not possible for committees to play their supervisory role if they do not act field-wise and inspect facts and figures in light of the documents available tot hem, starting from the proposed government program and ending in the documents submitted to it by the government every at different times whether on the five-year plan or the fiscal plan.

Despite this, supervision unfortunately remains limited inside the parliament .

(F) The parliament’s jurisdictions—The parliament practices three principal functions. These are: the political, legislative and fiscal functions .

Regarding the legislative function, it becomes evident that it considers the true jurisdiction to be the parliament’s…and comprises the right to approve the draft laws referred by the government to the parliament or proposed by parliament members through mass organizations. The legislative process consists of three phases:
1- Ballot.
2- Deliberation and recommendations.
3- Ratification and promulgation.

Legislation represents the three phases collectively. It is known that ballot is the first legislative act since prior to it the draft law has not legal status. As for after the government or one of the members propose it, it becomes presented before the parliament and the parliament must examine it through its committees to approve it as is or amend or reject it .

Some experts believe that the best of laws are those proposed by the government because it has the technical means and capabilities to practice this function better than parliament members .

Moreover, the draft laws proposed by parliament members undergo procedural restrictions from which draft laws proposed by the government are exempted. In accordance with the text of the constitution, each draft law “proposed by the government” must be referred to: one of the parliament’s committees to examine it and submit a report regarding it. Yet regarding draft law proposals submitted by parliament members, these are not referred to that committee except after being examined before a special committee to express its view of the appropriateness of the parliament’s examination of them. Another favoritism given to draft laws proposed by the government is that the constitution stipulates also in Article 84 of it that every draft law proposals proposed by any parliament members and rejected by the parliament may not be proposed again in the same session. This means that this restriction has no effect on draft laws proposed by the government and that any such law proposed to the parliament and rejected by has no restrictions from being requested by the government to the parliament once again in the same session .

Yemen has witnessed three parliaments since the declaration of the unified country on 22/5/1990 until now:
- The first was founded during the period from 27/5/1990 to 28/2/1993.
- The second was elected on 27/4/1993.
- The third was elected on 27/4/1997 .