Duration of Presidential Term
7.3.1 Overview
7.3.1.1 Definition
This section focuses on the necessity of a limitation of the duration of office of the President as Head of State and the possibility of re-election of the President and if re-elections should be limited to a certain number as well.
With regard to the duration of office it is important to differ between the two major models of the executive—the monistic and the dualistic executive system.[490] The monistic executive model includes monarchies and the presidential system. The dualistic executive model includes the parliamentary system. Not part of the analysis of this chapter are monarchies, because most of the monarchs serve as Head of State for a lifetime, unless they resign from their position. A monarch is never subject to re-election as its positions are gained by heredity. However, it is necessary to differ between the duration of office of a President in a presidential system and a President in a parliamentary system.
Not part of this analysis is a restriction of the term of the Prime Minister or a chancellor as Head of the executive.
Importantly, in countries with authoritarian Presidents, the President is usually equipped with (or increasingly building) a powerful presidential administration which employs the leaders in its fields and dominates politics and decision making. Cutting the budget of this administration is a painful but necessary measure to realign a President with its pre-authoritarian role. This aspect is also not part of the review below.
7.3.1.2 Purpose and Function of the Rule
The purpose and need of certain duration of office of President and a limit of the number of re-elections of a President is an essential democratic instrument in a constitution, which guarantees that a President does not abuse his power and that the legitimation by the public is based on regularly elections.
7.3.1.3 Historical Context
One of the oldest constitutions in the world is the US constitution which was adopted in 1787. The original constitution included a duration of office but no limitation of number of re-elections. However, this limitation of number of re-elections was implemented by the 22nd amendment to the US constitution in 1947 and this amendment included the limitation to only one possible re-election.[491] Therefore, the US President can serve for two consecutive offices in total, if elected when entering the office for the first time. Until the 22nd amendment there was an unwritten rule, that a President should only run for one re-election, but after the third and fourth re-election of Franklin D. Roosevelt in 1940 and 1944, politicians enshrined a barrier to further exemptions in 1947.
In modern times, most of the constitutions include clauses which limit the duration of office and the number of re-elections. Nearly all of these clauses were included based on negative experiences in the past. For example art. 54 Basic Law of Germany includes a certain duration of office and the possibility of only one re-election as a direct response to the experience made during the Weimarer Republik.[492]
In 2000 the French constitution was changed to decrease the duration of office of President from 7 years to 5 years and in 2008 the number of possible re-elections was limited to only one. This change in the constitution was made to join the legislative period of the President and the parliament.[493]
In many presidential or semi-presidential systems, however, Presidents do not step aside but cling on to their power. This applies in particular to some former Soviet republics such as Belarus (25 years), Kazakhstan (28 years), or Uzbekistan, Turkmenistan (27 years)[494] in the past to Latin American countries[495] and still today to many African countries: The length of stay in office were or are: Teodoro Obiang Nguema Mbasogo of Equatorial Guinea (40 years), Jose Eduardo dos Santos of Angola (38 years), Robert Mugabe of Zimbabwe (34 years), Paul Biya of Cameroon (44 years including PM).
At the time in 2015: Yoweri Museveni of Uganda (34 years), Blaise Campoare of Burkina Faso (27 years), Omar Hassan al-Bashir of Sudan (25 years), Denise Sassou Nguesso of Congo Rep. (22 years), Idriss Deby of Chad (22 years) Isaias Afwerki of Eritrea (21 years), Yahya Jammeh of Gambia (20 years), Paul Kagame of Rwanda (14 years) and Joseph Kabila of Congo DR (13 years).[496]Russia and Turkey have made provisions for their Presidents Putin (interruptedly in the presidential office since 2000) and Erdogan (in office since 2003) to serve many years in office and on 11 March 2018 China extended the two-period limit in its constitution to appoint President Xi Jinping for life, remarkably with only two delegates voting against the change and with three abstentions out of 2964 votes. In the preface of Writing Constitutions we have outlined that certain constitutions are not directly comparable in the book.
| 1. | Is a limitation of the duration of office at all required? | Necessity of regulation | |
| 2. | Which duration is advisable? | Temporal qualification | |
| 3. | Is a limit of re-election advisable? | Temporal qualification | |
| 4. | How many re-elections should be possible? | Temporal qualification | |
| 5. | Should there be exemptions from the limit of reelections? | Procedural qualification | |
| 6. | Eternal guarantee | Temporal qualification |
Fig. 7.4 Structural approach for drafting duration of office clauses
7.3.2 Structural Approach and Guiding Questions
The questions listed in Fig.
7.4 arise with regard to the design of a standard regulating the duration of office.7.3.3 Details of the Clause Concerning the Duration of Office
7.3.3.1 Is a Limitation of the Duration of Office at All Required?
It is recommended to include a limitation of the duration of office of the President in the constitution.
A certain period of time for the duration of office of a President is the major difference between democracies, monarchies and dictatorships. Presidents in democratic states should be in power for only a limited amount of time, because the legitimation by the public can only be guaranteed in this way. Additionally, a limited duration increases the accountability of the president, motivates the President to develop a plan for the time of his office and forces the President to fulfil this plan and his intentions for the country within this time to reach certain defined goals.
7.3.3.2 Which Duration Is Advisable?
Which duration of office is suitable depends on the individual country and its political system (Table 7.16). The duration of office and therefore possible re-elections are closely linked to the election of the parliament (Table 7.17). It can be advisable to separate these two elections, however sometimes it is more useful to simultaneously hold parliamentary and presidential elections to guarantee political stability and to avoid a permanent election campaign. This question cannot be answered generally. It depends on the political system of a country and inter alia how the election of the Parliament is designed.[497]
In the presidential system this difference is necessary to avoid a negative influence of either election towards the other as the Parliament is a controlling body of the
Table 7.16 | | Length in different political systems
| Length of duration of office | Political System | Countries |
| 4 years | Presidential System | e.g. Romania (art. 81, 83), USA (art. 2 (1)), Brazil (art. 82), Argentina (art. 90), Ecuador (art. 144), Chile (art. 25), Colombia (art. 190), Egypt (art. 140), Ghana (art. 66 (1)), Iran (art. 114) |
| 4 years | Parliamentary System | e.g. Mongolia (art. 30 No. 2), Latvia (art. 35) |
| 5 years | Presidential System | East-Timor (art. 76 No. 2), Indonesia (art. 7), South- Korea (art. 70, Kazakhstan (art. 41), Cyprus (art. 43 No. 1), France (art. 6), Turkey (art. 101), Peru (art. 112), Bolivia (art. 168), South Africa (art. 88), Zimbabwe (art. 95), Tanzania (art. 40), Uganda (art. 105), Kenya (art. 136) |
| 5 years | Parliamentary System | e.g. Bangladesh (art. 50), India (art. 56), Nepal (art. 63), Lithuania (art. 78), Hungary (art. 10), Slovenia (art. 103), Czech Republic (art. 55), Malta (art. 48), Croatia (art. 95), Greece (art. 30), Poland (art. 127), Estonia (art. 79), Bulgaria (art. 93), Germany (art. 54), Albania (art. 88), Namibia (art. 29) |
| 6 years | Presidential System | e.g. Philippines (art. 7 [4]), Sri Lanka (art. 31), Taiwan (art. 47), Russia (art. 81), |
| 6 years | Parliamentary System | Singapore (art. 20), Finland (art. 54), Austria (art. 60) |
| 7 years | Presidential System | e.g. Cameroon (art. 6) |
| 7 years | Parliamentary System | e.g. Italy (art. 85), Ireland (art. 12), Israel (No. 2 Basic Law) |
| No limitation | Only monarchies or autocratic systems | Belarus (art. 81 implicit) after the 2004 amendment following the Beslan terrorist attack; |
President and the independence of the Parliament should not be influenced by presidential elections. In the parliamentary system this risk of influence is not as high as in the presidential system, but to strictly differ between the two powers a different time frame with regard to the duration of office should be implemented.
Besides that the duration should guarantee a continuous guidance of the state. This means that the President as Head of State should have enough time to guide and lead its country and that the President is not always distracted by other influences such as an election campaign. Therefore, the duration should not be too short to avoid steady changes to the office.
According to current best practice the duration should last between 4 up to 6 years. In some countries the duration of office is 7 years, but this duration might lead to a lack of democratic change and decreases the determination rights of the public.
In 2000 in France, the duration of office of President was decreased from 7 years to 5 years. The main arguments in favour of this constitutional amendment were that
Table 7.17 I I Length of duration of office
| Type/ main feature | Clause | Countries |
| 4 years | The President of the Republic shall remain 4 years in office. (Ecuador, art. 144) The Saeima shall elect the President for a term of 4 years. (Latvia, art. 35) | e.g. Ecuador (art. 144), Latvia (art. 35) |
| 5 years | The presidential term of office lasts 5 years. (Peru, art. 112) The term of office of the Federal President shall be 5 years. (Germany, art. 54) | e.g. Peru (art. 112), Germany (art. 54) |
| 6 years | The President of the Russian Federation shall be elected for 6 years by citizens of the Russian Federation by [...] (Russia, art. 81) The Federal President holds office for 6 years. (Austria, art. 60) | e.g. Russia (art. 81), Austria (art. 60) |
| 7 years | The President of the Republic is elected for 7 years. (Italy, art. 85) The President of the Republic shall be elected for a term of office of 7 (seven) years. (Cameroon, art. 6) | e.g. Italy (art. 85), Cameroon (art. 6) |
such a long duration could lead to political frustration and that the public could get the feeling that it has no real influence and cannot take any action against current politics because elections do not occur in a short period of time.[498] A longer duration is not advisable to avoid the possibility of abusing the office and to guarantee the legitimation by the public. However, these arguments are important for the presidential system in which the President is not only the Head of state, but also the Head of the executive.
7.3.3.3 Is a Limit of Possible Re-elections Advisable?
With regard to the question whether the number of re-elections of a President should be limited it is necessary to differ between two scenarios (Table 7.18). The first is the regular one that a President is elected for the office, serves for the defined duration of office and then stands for re-election. The second scenario is that a President is not elected for office, but steps in, e.g. in case a President dies or resigns and the vice President takes over the office; e.g. as Lyndon B. Johnson on 22 November 1963 when John F. Kennedy was assassinated. Lyndon B. Johnson did not stand for re-election in 1968 in the USA.[499]
Table 7.18 | | Number of re-elections in different political systems
| Number of re-elections | Political System | Countries |
| No re-election | Presidential System | e.g. Philippines (art. 7 (4)), South-Korea (art. 70), Cyprus (art. 43 No. 1), Chile (art. 25), Colombia (art. 190) |
| No re-election | Parliamentary system | e.g. Israel (No. 2 Basic Law), Malta (art. 48) |
| One re-election | Presidential system | e.g. USA (art. 2 (1)), East-Timor (art. 76 No. 2), Indonesia (art. 7), Sri Lanka (art. 31), Taiwan (art. 47), Kazakhstan (art. 41), Romania (art. 81, 83), France (art. 6), Russia (art. 81), Turkey (art. 101), Brazil (art. 82), Argentina (art. 90), Ecuador (art. 144), Peru (art. 111), Bolivia (art. 168), Egypt (art. 140), South Africa (art. 88), Zimbabwe (art. 95), Tanzania (art. 40), Ghana (art. 66 I), Kenya (art. 136), Iran (art. 114) |
| One re-election | Parliamentary system | e.g. Germany (art. 54), Mongolia (art. 30 No.2), Lithuania (art. 78), Ireland (art. 12), Hungary (art. 10), Slovenia (art. 103), Czech Republic (art. 55), Latvia (art. 35), Poland (art. 127), Austria (art. 60), Namibia (art. 29) |
| Two re-election | Parliamentary system | e.g. Croatia (art. 95) |
| Limitless re-election | Presidential system | e.g. Belarus (art. 81), Uganda (art. 105) |
| Limitless re-election/no rule in the constitution | Parliamentary system | e.g. Singapore (art. 20), Italy (art. 85) |
7.3.3.4 Limited Number of Re-elections After Regular Election into Office
The US constitution initially did not include a limitation of number of re-elections. However, before the 22nd amendment, which states, that “No person shall be elected to the office of the President more than twice” was ratified, an unwritten convention already allowed no President to remain in office longer than two consecutive terms.[500] The Italian constitution from 1947 does not include a limitation of number of possible re-elections, but it is an unwritten rule that no President to remain in office for more than one term. In contrast the French constitution was amended in 2008 and the number of re-election was limited to only one, prior to that amendment there was no limitation; however, none of the President of the Fifth Republic remained in office more than two terms. This amendment was made to limit the power of President. In France this was linked with other amendments to limit the power of the president, e.g. the allocation of high offices of state cannot be made by the President himself, the President needs approval from other commission.[501]
Generally, it is recommended that such important constitutional provisions are not governed by constitutional covenants, but are explicitly enshrined in the constitution.
The disadvantages of an unlimited number of possible re-elections are the possibility of abusing the power of office to become a hidden monarch of a democratic state with life-long service, the risk that no goals or objectives are reached within a limited amount of time and for new candidates it is even more difficult to win against the serving president, as it is easier to influence an election campaign while in office. Besides that this guarantees that there will be a definite change in the position and this minimizes the risk that a President stays in office even when they are not any longer capable to fulfil the duties due to age or state of health.
The President being not only Head of State but also the leader of the executive it is indispensable that the constitution of a country guarantees that the President cannot abuse his power. In a parliamentary system the President is more a symbol figure with limited power, but still it is important that the person in office changes to ensure that political change can occur and a democracy remains agile.
However, it can be considered not only to limit the number of consecutive re-elections, but also the possibility to return to office after someone else serves as president. The most famous example is probably the rotation between Wladimir Putin and Dimitri Medvedev in Russia.[502] Wladimir Putin was President for two terms, then he became Prime Minister and Dimitri Medvedev was appointed president. But already after one term of office, Wladimir Putin was again elected President due to the fact the Russian constitution previously only limited the number of consecutive re-election, but not the overall number.[503]
The advantages of solely a limitation of consecutive re-elections are that a person, who already knows the country and its politics, can still be an active part in politics and could run for the office of President again and again is legitimated by election. However, the disadvantages are that a person could try to influence the succeeding President how this President should run the country for example on base of a mutual agreement that after one term the former President resumes office again. This possible risk is even higher when the former President holds another office during this legislative period, for example the former President is appointed Prime Minister.
In case a country intends to only limit the number of consecutive re-election, it might be advisable to consider that a former President can only run for re-election after one term and in this term the former President is not allowed to hold any other political office in this country, to guarantee that there is no influence of the former President upon the next one.
This guarantees that no one can return to office who already served as president. In many constitutions this is not regulated and therefore increases the possibility that this regulatory gap may be abused.
7.3.3.5 Limited Number of Re-election After Not Being Elected into Office
In the constitutions in force around the world there are different consequences that follow when the ruling President dies or resigns from office. One solution is that a new President is elected and in the time until this election the vice-president or another constitutional body serves as interim President and remains in office until a new President is elected.[504] Another solution is that the vice-president automatically assumes the office of President. In this case someone assumes the office without being elected and lacks democratic legitimacy. In this constellation it is advisable to include a regulation in the constitution which regulates the consequences, e.g. if the limited number of re-election still applies or if a different rule should come into force.
7.3.3.6 How Many Re-elections Should Be Possible?
The predominant regulation in worldwide constitutions foresees the possibility of only one consecutive re-election. However, most of the constitutions do not include a regulation or clarification that states that after serving as President another re-election after a period of time or another President is not possible. To guarantee a political change only a limited number of possible re-elections should be allowed, which is especially important for the presidential system to avoid any abuse. Furthermore, it should not be possible to be re-elected into office after another person serves as President to increase the chances that political change occurs and different people can try to run for presidency. In some countries a re-election is not possible at all. In a parliamentary system in which the President does not have as much power as he is not the executive the consequences of just one term of office are not as severe as in a presidential system. In a presidential system a President could struggle to fulfil its goals and further develop the country in such a short period of time. However, one advantage of only one term in office is that the ruling President is not dealing with an election campaign at the end of his time in office and therefore the President can fully focus on his duties until the very end of the duration of office often however the President will co-campaign for a desired successor (Table 7.19).
Table 7.19 | | Prohibition of non-consecutive re-elections
| Type/main feature | Clause | Countries |
| No re-election for a consecutive period | The President may not be re-elected for the consecutive period (Chile, art. 25 II) | Chile (art. 25 II) |
| No re-election for a consecutive term; but re-election possible after one constitutional term | There is no immediate re-election. A former President may run again following at least one constitutional term (Peru, art. 112) The President may be re-elected or may succeed each other for only one consecutive term. If the President has been re-elected, he cannot be re-elected for this position but with the interval of one term (Argentina, art. 90) | Peru (art. 112), Argentina (art. 90) |
| No re-election for any other period | The President shall not be eligible for any re-election (Philippines, art. 7 IV) The term of office of the President shall be 5 years, and the President shall not be re-elected. (South Korea, art. 70) | Philippines (art. 7 IV), South Korea (art. 70) |
| Limited consecutive re-election | Re-election for a consecutive term shall be permitted only once (Germany, art. 54 II) One and the same person may not be elected President for more than two terms running (France, art. 6 II) | Germany (art. 54 II), France (art. 6 II), Russia (art. 81 III) |
| Limited consecutive re-election and any other re-election | No person shall hold office as President more than two terms, whether or not the terms are consecutive (Bangladesh, art. 50 II) No person shall be elected to the office of the President more than twice [...] (USA, Amendment 22) | Bangladesh (art. 50 II), USA (Amendment 22) |
| Only duration of office limited in the constitution; no regulation regarding re-election | / | Italy (art. 85), Belarus (art. 81) |
7.3.3.7 Should There Be Exemptions from the Limit of Re-elections?
The question arises whether an extension of the duration of office should be permitted and an equivalent exemption clause included in the constitution (Table 7.20).
Table 7.20 | | Exemptions from the limit of re-election
| Type/Main feature | Clause | Countries |
| Extension of the duration of office in case of a state of defence | A term of office of the President due to expire during a state of defence shall end 9 months after the termination of state of defence (Germany, art. 115h) | Germany (art. 115h) |
| Constitution includes a regulation limiting the number of possible re-elections, but exemption for the current president | One and the same person may not be elected the President of the republic more than two times in a row. The present restriction shall not extend on the first President of the republic (Kazakhstan, art. 42 V) | Kazakhstan (art. 42 V) |
| Limitation of number of re-elections but exemption in case someone fills up vacancy in the office of president | No person may hold office as President more than two terms, but when a person is elected to fill vacancy in the office of president, the period between that election and the next election of a President is not regarded as a term (South Africa, art. 88 II) | South Africa (art. 88 II) |
In some constitutions the duration of office is extended in cases the state of emergency is imposed or a state of defence occurred.[505] However, every exemption increases the potential risk that a President abuses this extension of office, avoids re-election and the legitimatization by an election. Therefore, these exemptions, if any, should be limited for severe occasions such as attacks. In addition, the state of emergency or the state of defence should be determined by another political organ of the country besides the president, e.g. the Parliament to avoid any abuse.
Exemptions with regard to the number of re-elections should be avoided. As mentioned before this requires a clear distinction whether only the number of consecutive re-elections is limited or re-elections in general. One possible exemption of the number of re-election proposed is a limit to the number of re-elections that should not apply in a presidential system, when the Parliament initiates re-elections. In this case the ruling President could try to be re-elected and the limitation of possible re-elections does not apply.[506] This exemption however is highly vulnerable to abuse. It will depend on the specific presidential system, but in case Parliament and President are elected simultaneously and the President enjoys the majority support in parliament, the President has the power to influence Parliament to his advantage. If this exemption is included in a constitution it is unavoidable to make clear, whether this possibility can be used repeatedly or only once, perhaps solely limited to a sever political crisis. Another option could be that in case someone fills a vacancy of the office of President due to death or resignation of the current president, than the period between filling the vacancy and the next regular election is not regarded as a term.[507] Again, this could be abused if an opponent is forced out of office early. Therefore, more of these exemptions are recommended.
7.3.4 Eternal Guarantee
As the duration of office and the possible number of re-elections is a core regulation in a democratic system these provisions should not be altered easily or even perhaps be unalterable. In 2017 in Africa several presidents, who consumed in office for the maximum amount of time allowed by the constitution, tried to extend their duration of office by increasing the number of possible re-elections by either changing the constitution, holding a referendum or simply changing the interpretation of the constitution to find loopholes.[508] Sometimes these initiatives succeeded, sometimes not.[509]
In Cameroon President Paul Biya served for 37 years in 2020. However, the constitution of Cameroon includes a limit of only one re-election. This limit was abolished via a constitutional amendment.[510] In 2002 President Muluzi of Malawi tried to amend the constitution to allow a second re-election, but Parliament voted against the amendment and Muluzi had to cease running for a third period of office.[511] In May 2006, the Nigerian senate voted against the abolishment of the limit of possible re-elections, even though the senators would have benefited from this change.[512]
These cases indicate that a strong Parliament and a public opinion can influence these manoeuvres by ruling Presidents.
However, after unsuccessful attempts to change the constitution presidents at times try to find different solutions, e.g. by choosing the successor or by interpreting the constitution in a different way. In 2014 in Burundi President Nkurunziza attempted to run for a third term of office by interpreting the constitutional clause differently than anyone before. In his first election in 2005 Nkurunziza was elected by Parliament and not by public vote, Burundi was in a transition after the end of the civil war. However, the constitution states that the President is elected by universal direct suffrage for a term of 5 years renewable only once.[513] Nkurunziza argued that his first term of office cannot be counted as a term in accordance with the constitution. He called upon the constitutional court to decide this question and the court decided in favour of the President.[514] The main risk again is that a ruling President can try to abuse his power and remain in office forever.[515]
In the introduction under Sect. 7.3.1.3 reference has also been made to Xi Jinping, the Chinese President who was appointed for lifetime in 2018.
These incidents show that there is a need to safeguard the constitutional regulations regarding the duration of office and the number of possible re-election. Some constitutions include an eternal guarantee which includes not all clauses but the most important ones within a constitution. In general, those regulations are included which are essential for a functioning democracy and provide a great risk to be amended to abuse power and to harm the democracy. The major advantage of such a clause in a constitution is that the clause including the eternal guarantee cannot be changed as well, therefore this is one of the most effective ways to minimize the risk that a constitution can easily be changed. Besides that, the example of Burundi as mentioned before demonstrates that it is important to find an unambiguous wording which cannot be interpreted in many different ways as this might cause legal uncertainty and could lead to a political crisis.[516]
The author is of the opinion that appointments for life—if they ever have been at all—are no longer timely in an age where people in many nations easily reach the age of 90 years. Even the Catholic Church has come to realise that it may have a problem with its tradition to appoint a successor to the pope only once the incumbent has deceased.
7.3.5 Conclusion
It is essential to include duration of office of President in a constitution. However, there is no certain perfect length. The chosen duration depends on the political system of the country, the power of the President and other factors such as the legislative period of the parliament. Therefore, the exact duration can only be found by taking the entire constitution and system into consideration.
The possibility of re-election should be limited as well to guarantee that a political change will occur and that no President remains in office nearly forever. It is highly important to clarify in the constitution whether only a consecutive re-election is limited or re-election in general and what happens if a President resigns from office early and if in this case different rules apply for the new incoming President taking over the office. Any exemptions from these provisions should be limited to avoid abuse. However, there is no perfect number of re-elections. This number should be based on the experience made in the past and what will be suitable for the country to guarantee political stability, a strong and good leadership and the possibility to create political change by fair and effective election with regard to the president. But preferably only one or at most a maximum of two re-elections should be permitted and included into the constitution and a limitation that no re-election after having been President for the maximum term should be allowed.