INTRODUCTION
Although the precise relationship between the
three functions of government will vary with the political system, certain
basic relationships are universal. The function of the legislature is to
generate and define law, or the authoritative decisions governing the
community. The executive is responsible for implementing or administering the
law; that is, it makes the law happen. The judiciary interprets the law,
particularly in light of disputes between branches of the government and/or
changes in the underlying understanding of what the role of the state should
be. Although there is the potential for overlap (e.g., both implementing and
interpreting the law have implications for what the law is, at least in
practice), the formal distinction of these powers is common to most political
systems. This paper seeks to explain the various functions of government using
the methodology of comparative politics.
DEFINITION OF TERMS
Government: Government may be defined as the agency or machinery through which the
will of the state is formulated, expressed and realized. This includes the sum total of the legislative, executive and
judicial bodies in the state, whether of the central or local government, of
all those who engaged in making, administering and interpreting law. Government
is the institution or aggregate of institutions by which an independent society
makes and carries out those rules of action which are necessary to enable men
to live in a social state, or which are imposed upon the people forming that
society by those who possess the power or authority of prescribing them.
Comparative Politics: Comparative
politics is a field and a method used in political science, characterized by an
empirical approach based on the comparative method. In other words comparative
politics is the study of the domestic politics, political institutions, and
conflicts of countries. It often involves comparisons among countries and
through time within single countries, emphasizing key patterns of similarity
and difference.
THEORITICAL FRAMEWORK
It was, however, Montesquieu who
systematically developed the theory of separation of powers in the 18th
century. France at that time was under the despotic rule of the Bourbon
monarchy. Louis XIV boasted, "I am the state." All powers were concentrated
in the hands of the king. This spelled the doom of the liberty of the
individual.
Montesquieu who was a champion of the dignity
and liberty of the individual raised his voice against the despotic rule of the
king. He realized that it was in the nature of authority to abuse itself.
"Constant experience shows us that every man invested with power is apt to
abuse it, and to carry his authority until he is confronted with limits."
This made him believe that moderation in exercise of governmental authority is
the essence of good government. He, therefore, advocated separation of powers
coupled with a device of checks and balances.
In the Spirit of Laws published in 1748, he
observed, "When the legislative and executive powers are united in the
same person or in the same body of magistrates, there can be no liberty. The
same monarch or senate would enact tyrannical laws and execute them in a
tyrannical manner." He argued that there would be no liberty if judiciary
was not separated from legislative and executive powers.
In his opinion, if judiciary were combined
with legislative power, the life and liberty of individuals would be vulnerable
to arbitrary control. If it is combined with executive powers, judges would be
oppressive and violent. He warned that there would be end of everything if the
same person or body exercised all the three powers.
While advocating that these three powers
should be exercised by different organs of the government, he favored these
organs checking and balancing one another. He believed that 'separation of
powers' and 'check and balance' among the three organs of government would best
safeguard the liberty of the individual.
FUNCTIONS OF GOVERNMENT
General
functions of government
Law-making: government is responsible for
making laws in a country. Laws are made to ensure peace and order in a society.
The legislature is the organ of government responsible for law making.
Provision of social amenities: amenities like
electricity, potable water, health centre etc are provided by the government.
These are necessities for human existence.
Maintenance of law and order: the maintenance
of law and order is the responsibility of government. This function is usually
performed by government agencies like police.
Defense of the country: government is
responsible for defending the country against external aggression; it is the
duty of armed forces of government to maintain the territorial integrity of the
state.
Protection of lives and property: government
is also responsible for protection of lives and property, for example any
person can seek the police protection if there need for it.Provision of employment:
job is also provided for citizens. This goes a long way in improving the
welfare of the people.
Formulation and implementation of policies:
formulation and implementation of policies are carried out to ensure the well
being of people. The executive arm is responsible for this functionPromotion of
economic activities: promotion of economic activities is done through the
provision of infrastructure, such as roads, railways, airports, etc this will
help encourage investors
External affairs function: government
maintains good relation with other countries . the head of state and ministry
of external affairs perform this function in Nigeria. Diplomats who represent
their countries in other countries further this noble role.
Administration of justice: the judiciary is
responsible for administration of justice. It settles dispute between
individuals and the government.
THE
EXECUTIVE ARM OF GOVERNMENT
is the organ responsible for policy making and implementation of policies and
laws made in the country. The executive arm of government is the same with the
administration or cabinet, president or prime minister of a country, governors
of states, ministers, the civil service, the arm forces, police, etc, belong to
the executive arm of government. It carries out the day-to-day work of
government. In some countries, the executive may equally perform some legislative
and judicial function. For example, the president of the united state of
American has power from the constitution to pardon offenders. Also, he has
appoints top civil servant and judges to Supreme Court. However, the function
of the executive largely depends on the type of constitution operation in a
particular country. For example in a presidential system of government; as in USA,
is different from the parliamentary system of government in Britain.
There are different types of executive aim
the following should be considered
·
Single
and plural executive
·
Parliamentary
and non-parliamentary executives
In the single executives the control of executive
activities rest with one individual. The president of the united of American
has his ministers named by him and dependent on him, they are his advisers and agent,
not his colleagues. Plural executives; the president of Swiss confederation
(Switzerland) is the chairman of the federal council and exercises the usual
powers of a chairman. Other members of the council are his colleagues, not
agent or advisers. Parliamentary executives; this executive in Britain chosen
from parliament and holding office only so long as it command the confidence of
that parliament. Non parliamentary executives; the executive in the united stae
of American is chosen independently of the legislator and holding office for
fixed term.
Functions
of Executive
In the modern state a variety of functions
are performed by the executive, as stated below.
1. Administrative Function: The
administration function of the executive includes the following.
(a) Execution of Laws and Judicial Decision:
executive is entrusted with the responsibility to execute laws made by
the legislature, and decisions of the Judiciary coming in the forms of judgments
of courts.
(b) Maintenance of Law and Order: Another important function of the executive
is to maintain law and order. The police are mainly in change of this task.
(c) Policy-Formation: In respect of policy-making, the executive
has a crucial role. It prepares the blue-print of the policy which goes to the
legislature in the form of bill. The policy emerges after the bill is passed by
the legislature and the head of state gives assent to it.
(d) Appointment and Promotion: The political executive enjoys the power of
appointment, promotion, removal and suspension of civil servants.
2. Diplomatic function: It means
the conduct of foreign relations. The executive appoints diplomatic
representatives to foreign states and receives representatives from them.
Treaties and international conventions are negotiated and concluded by the
executive, often subject to the approval of one or both houses of the
legislature.
3. Military Function: The chief
executive, in most of the states, is made the supreme commander of the defense
forces. The power of waging war and concluding peace with any foreign state is
assigned to the executive. In times of emergency and grave national crisis the
chief executive may declare martial law and suspend the rights of citizens.
4.
Financial and Economic Function
(a) Budget-preparation: In almost all the countries, the budget or
the Annual Financial Statement is prepared by the executive and presented to
the legislature for approval.
(b)
Revenue-collection:
The executive prepares the sources of revenue of the government, collects
taxes, and after the approval of the budget spends money on various heads.
(c) Auditing: The auditing and accounting of public expenditure are done under the
supervision of the executive.
(d) Economic policy: The executive determines the economic policy of the
country. This policy is designed to expedite economic development and make the
country self- reliant. The executive prepares plans relating to production,
distribution and exchange of goods and resources.
5. Judicial Function: The chief
executive has the right of pardon or clemency. He may suspend, remit or commute
the sentence of a person convicted of an offence. This power is exercised in
exceptional cases. In most of the states the executive officials decide administrative
cases like tax evasions, industrial disputes, damages claimed against
government and encroachments. This is known as 'administrative adjudication.'
6. Constituent Function: The
constitution may require certain changes. It executive which determines what
changes are necessary in the constitution, and such changes. It also takes the
lead in piloting those constitutional amendments.
7. Legislative Function: The following are the legislative functions
of the executive from the stand point of comparative politics;
(a) Law-Making: Law-making is the main function of the legislature, contribution of the
executive to law-making is also significant. The executive pre legislative
proposals, sends them in the form of bills to the legislature, pilots and them
on the floor of the legislature and works hard for the passing of bills by the
legislature. A bill passed by the legislature, however, cannot be law unless it
obtains the Asser of the head of state. He has the power to veto a bill or send
it back to the legislature reconsideration.
THE LEGISLATOR
The major function of legislator as an organ
of government is law making. it is also the centre of discussions about
policies, programmes and ides and the place where important decisions are made.
The legislature is often referred to as the parliament, national assembly and
in some countries it may be called the congress as in the U.S.A and in other
countries, the chamber of deputies. Countries with one legislative body are
said to have unicameral legislature, whereas those with two legislatives bodies
have bicameral legislature. for example in Nigeria there are two houses , house
of senate and house of representatives. In Britain, the two houses are called
houses of lords and commons.
FUNCTIONS
The various functions performed by the
legislature in general may be discussed as follows:
1. Law-Making: The
real and legitimate function of the legislature is to make, amend and repeal
laws. It makes new laws to meet the changed needs of society. Old laws which
are not suitable to the new conditions are amended. Laws which have become
obsolete in character are repealed. Modern state is a positive or welfare
state. Consequently the work of the legislature has increased enormously. Its
legislative activities have now been expanded to various fields like education,
social welfare and economic regulation and planning. It may delegate subordinate
legislative powers to the executive authorities.
2.
Control over Finances: All the legislatures of the world have got an
undisputed control over the national purse. It is the crux of democracy that
parliament controls the finance. No money could be spent or raised by the
executive without the previous consent and approval of the parliament. In fact
no money can be withdrawn from the Consolidated Fund of the state without
authorization of parliament. Every year budget containing the estimated
expenditure and income of the ensuing year is placed before it. It passes the
budget in two parts—the Appropriation Act and the Finance Act.
3.
Executive Functions of the Legislature: in terms of the relationship, the legislature is a law making body yet
it performs certain other functions as well. It is so because the government
possesses an organic unity and the functions of one organ must overlap the
others. The legislature under the parliamentary system of government controls
the executive through the vote of no-confidence, interpolation (asking
questions) and adjournment motions. Under this system of government, the
executive is responsible to the legislature.
4.
Control over Public Administration: The Parliament determines the structure and organization of the public
administration and provides funds to maintain it. It creates different state
services, lays down rules and regulations of service, determines the
distribution of powers between various agencies of administration and provides
institutional devices for recruitment, and training of personnel of administration.It
asks for appointment of the Commissions like Gorewala Committee and
Administrative Reforms Commission to enquire into the administrative structure
and make recommendations for improvement and re-organization.
5.
Judicial duties of the Legislature: Certain legislatures perform some judicial functions. The House of
Lords, for example, is the highest court of appeal in the U.K. The Senate of
America is the highest court of impeachment for high public officials. In
India, impeachment of the President is to be conducted by the Parliament. It
determines the judicial structure in the country and may effect changes
whenever it deems fit. In India, legislature might confer judicial or
semi-judicial functions on the executive. The legislatures try their own
members and decide contested elections.
6. Ventilation of grievances: A legislature acts as an agency for ventilation of the grievances of
the people. A legislature is a place where every interest and shade of opinion
can have its case presented. Parliamentary debates and discussions throw a
flood of light over different issues of public importance. The proceedings of a
legislature are flashed in the newspapers. Thus a legislature on the one hand,
acts as a vehicle for the expression of public opinion, and on the other, acts
as an organ for the formation of public opinion. It secures redress of
grievances of the people against the executive.
7. Electoral Functions: Many legislatures perform certain electoral functions. The Parliament
of India, for example elects the Vice- President of the Indian Republic. It
also takes share in the election of the President. In Switzerland, members of
the legislature elect the Federal Council, the Judges, Chancellor and even the
General of the Army. It makes election laws, determines dates of general
elections and mid-term elections.
8 Constitutional Functions: Legislatures in different countries of the world have some share in
effecting constitutional amendments. The Parliament of India, for example, has
a dominant share in making constitutional amendments. The U.S. Congress can
propose amendments to the Constitution. The British Parliament can singly amend
the constitution. It is at once a law making body and a Constituent Assembly.
9. Planning: In every Welfare
state, legislature adopts plans for economic development. They not only regulate
economy by way of fiscal, financial, banking and tariff policies, but allow the
government agencies to enter into the industrial field.
THE JUDICIARY
The judiciary constitutes the arm of
government that interprets the law of the state and applies the existing law to
individual cases. In any modern state, the liberty of individuals depends upon
the fairness of court in providing protection against the tyranny of
overzealous members of the government. (Domingo 2000),
In Nigeria, for example , the judiciary is
made up of a large number of court high
courts, ranging from the supreme court , appeal court, high court and down to
the magistrate and customary courts, the judiciary consists of judges who are honest and impartial wit sound knowledge.
Administration of justice is the primary
function of the judiciary. However, the judiciary performs certain other
function too. These functions may be judicial in character but some of these
functions are non-judicial in nature. Following are some of the judicial and
non-judicial functions performed by the judiciary.
(1) Judicial Functions: Firstly, when a
dispute is brought before a court, it is the responsibility of the court to
'determine the facts' involved. The usual manner in which the courts determine
the facts is through evidence given by the contestants. Once the facts have
been established, the court proceeds to decide what law is applicable to a
particular controversy or circumstance. Herein the judiciary becomes the
interpreter of laws, which is the prime function of the judiciary. So the major
task of the judiciary is to 'determine' the facts of laws and to apply them to
particular circumstance.
(2) Law-making Functions: Secondly, the
judiciary while interpreting the existing laws also performs the role of
lawmaker. It may sound surprising, but 'judge-made' laws are common to all
systems of jurisprudence. Such occasions arise when the provisions of the
existing laws may be ambiguous, or sometimes two or more laws of a particular
government appear to be in conflict under a given circumstance.
(3)
Guardianship of the Constitution: Thirdly, in federal States like India, the
U.S.A. and Switzerland, the judiciary is the guardian of the Constitution.
Chief Justice Hughes of America once said, "We are under a union but the
Constitution is what the judges say it is". In federal States conflict in
jurisdiction and authority frequently occurs, as there are several law making
and executive authorities, each showing its power to the Constitution. In the
circumstances, the judiciary becomes the umpire and regulates the legal actions
of the States and Central governments. In case the laws made by any of these
law-making bodies conflict with the constitutional provisions, the judiciary in
the above mentioned States is empowered to declare the relevant legislation
illegal. Indian courts on several occasions have declared laws of the Union as
well as the State laws illegal.
(4) Advisory Jurisdiction: Fourthly some national judiciaries possess
advisory jurisdiction. For instance, the President of India may seek the advice
of the Supreme Court of India on any proposed legislation. However, there is no
such provision in the U.S.A. The Canadian Supreme Court is also obliged under
constitutional provisions to tender advice to the Governor General.
(5) Protector of the Fundamental Rights: Fifthly, the
judiciaries also act as the defenders of the individual's right. Such role of
the judiciary is important as it prevents the individual's rights from being
violated. An individual need not wait until harm is done to him. If he had,
sufficient reasons to believe that attempts would be made to violate his
'rights' he could approach the courts for protection. Then the courts would
issue orders prohibiting such attempts until the rights of the parties were
determined. Judiciary is the watchdog of rights and liberties of the people. In
India, the Supreme Court is empowered to protect the Fundamental Rights of the
citizens.
(6) Supervisory Function: Sixthly, higher
courts are often assigned the task of supervision over the lower courts. The
Indian High Conn responsible for the supervision of their respective state
judicial systems.
(7) Non-Judicial Function: Lastly, the
judiciary in some countries may perform a number of non-judicial functions.
Courts may undertake the administration of property in cases where the
ownership of property in question is in dispute. Courts also assume
responsibility for handling the affairs of minor children or lunatics. Courts
may be authorized to issue and cancel certain licenses. Courts also may be
authorized to grant citizenship to aliens.
RELATIONSHIP
AND SIMILARITIES WITH THE TECHNIQUES OF COMPARATIVE POLITICS
Though
the three arms of government have three respective functions, but there functions
are still interrelated to each other, no organ is independent of each other
instance;
The constitutional power of impeachment of
the president granted the legislature, makes the executive arm of government
dependent and subordinate to the legislature. The legislature under the parliamentary system of
government controls the executive through the vote of no-confidence,
interpolation and adjournment motions. Under this system of government, the
executive is responsible to the legislature. It continues in office so long as
it enjoys the confidence of the majority in the legislature.(Blonde,
J., 1973),
The power to veto acts of parliamentary
granted the president who is the head of executive to be part of the law making
body-the legislature and this acts as a violation of the theory of separation
of powers because of powers and independence of these organ.
The undemocratic act of allowing the
unelected members of the judiciary to declare executive actions and laws made
by the legislature as unconstitutional, makes mockery of the theory of
separation of powers and independence of these organs.
The president who is the commander in chief
of the arm forces and who can declare war in this capacity against another
country can be incapacitated by the legislative refusal of 2/3 majority
required by the president.
The application of judicial procedure by the
legislature in the process of impeachment tantamount to usurpation of judicial
function by the legislature thereby making the theory of separation of powers a
hoax.
By the power of approving the executive nominees
and budgets given to the legislature therefore, participate in the executive
function thereby rendering the theory of separation of power unrealizable.
The principle of checks and balances also
violate the theory of separation of powers by the fact that the president names
all federal judges and approved by the legislature.
The power of approval of all treaties
concluded by the executive granted to the legislature makes the legislators to
participate in the executive function of policy making and execution which neglect
the theory of separation of powers.
Through the exercise of purgative of mercy by
the president, the president interferes with the function of the judiciary
which is detrimental to the theory of separation n of power.
Also the executive has the power to control
the bills of these various bodies before such bill becomes laws. It can equally
reject laws made by these bodies. In fact there are standing committees in the
executives that examine most of statutory instrument of these bodies laid before
the president.
The laws court exercise control over rules
and regulation made by these organization. This is to make sure that these rule
are made according to the provision of the constitution. Similarly, the
judiciary can declare unconstitutional some of the law made by the other arms
of government.
The executive have influence in the area of
making law, through its power of initiating the bill to the legislature. And also the issue of power pardon (the purgative
of mercy) has added to the growth of the power of the executive. The judiciary
and the legislature depend on the executive to effect their decisions
Emergency period that requires speed in areas
of decision making and implementation, the president will set up a body which
will both perform the legislative and executive functions. Also policies implemented by the executive
and which was decided at the part levels sometimes erode the power of the
legislature.
The President
appoints members of the Federal Judiciary, including Federal Judges, Supreme
Court Justices, the Attorney General, and Federal Prosecutors (they all must be
confirmed by the Senate). His power to appoint judges has an important,
long-term impact on the country. The President also controls the Justice
Department, which lets him decide to some extent what laws to enforce strongly
or weakly. Finally, the President has the power to grant clemency, which means
he can over-rule the verdict and/or sentences in a court trial. Types of
clemency include pardon, reprieve, amnesty, commutation, or remission.
CONCLUSION
This comparison has help pointing out the
interrelationship between the functions of the three arm of government. The
principle of separation of powers draws lines that divide the powers held by
distinct branches at a single level of government. Each branch has its own
powers, though some powers are shared among them. The system of separation of
powers is designed to reduce the risk that a single branch might act
independently and abuse its power.
Separate functions and powers are assigned to
each of the three branches of the national government. Congress, the
legislative branch, makes laws. The president, head of the executive branch,
carries out those laws. The judicial branch (the courts) monitors the executive
process that administers the laws. The legislative branch makes the
laws, the executive branch enforces laws, and the judicial branch interprets
laws, No branch can carry out its functions/powers without some cooperation
from the other branches. This cooperation prevents excesses in policy that
might result if a single branch were in complete control.
REFERENCES
Blonde, J.,
(1973), Comparing Political System, London, Weidenfeld and Nicolson.
Domingo, P.,
(2000), Judicial Independence: The Politics Of The Supreme Court In Mexico, 32 J. Latinamerican Studies 705.
Elias, T. O.,
(1961), Government And Politics In Africa, London, Asia Publishing Houseerika Moreno,
Brian F. Crisp, &Matthewshugart (Eds), (2003), The Accountability Deficit
In Latinamerica, Democratic
Accountability In Latinamerica (Scottmainwaring& Christopher Welna.
Hathaway J,
(2005) The Rights Of Refugees Under
International Law ;Cambridge University Press, Cambridge,
Johari, J. C.,
(2007), Principles Of Modern Political Science, New Delhi, Sterling Publishers Private Limited.
Laski, H. J.,
(1967): “Judiciary” In E. R., A. Seligman (Ed): New York, Encyclopedia Of The
Social Sciences, Vol. Vii.
Rapheal, D. D.,
(1976), Problems Of Political Philosophy, London, Macmillan Press Ltd.
No comments:
Post a Comment