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The executive is the branch of government exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law.
In political systems based on the principle of separation of powers, authority is distributed among several branches (executive, legislative, judicial)—an attempt to prevent the concentration of power in the hands of a single group of people. In such a system, the executive does not pass laws (the role of the legislature) or interpret them (the role of the judiciary). Instead, the executive enforces the law as written by the legislature and interpreted by the judiciary. The executive can be the source of certain types of law, such as a decree or executive order. Executive bureaucracies are commonly the source of regulations.
In the Westminster political system, the principle of separation of powers is not as entrenched as in some others. Members of the executive, called ministers, are also members of the legislature, and hence play an important part in both the writing and enforcing of law.
In this context, the executive consists of a leader(s) of an office or multiple offices. Specifically, the top leadership roles of the executive branch may include:
In a presidential system, the leader of the executive is both the head of state and head of government.In a parliamentary system, a cabinet minister responsible to the legislature is the head of government, while the head of state is usually a largely ceremonial monarch or president.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
The separation of powers is a model for the governance of a state. Under this model, a state's government is divided into branches, each with separate, independent powers and responsibilities so that powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is the trias politicamodel. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems, where the executive and legislative branches overlap.
Legislation is law which has been promulgated by a legislature or other governing body or the process of making it. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation", while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare or to restrict. It may be contrasted with a non-legislative act which is adopted by an executive or administrative body under the authority of a legislative act or for implementing a legislative act.
The Government of Colombia is a republic with separation of powers into executive, judicial and legislative branches. Its legislature has a congress, its judiciary has a supreme court, and its executive branch has a president.
A presidential system is a democratic and republican government in which a head of government leads an executive branch that is separate from the legislative branch. This head of government is in most cases also the head of state, which is called president.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.
Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was published on January 30, 1788 under the pseudonym Publius, the name under which all The Federalist Papers were published. James Madison was its actual author. This paper examines the separation of powers among the executive, legislative, and judicial branches of government under the proposed United States Constitution due to the confusion of the concept at the citizen level. It is titled "The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts".
Fusion of powers is a feature of some parliamentary forms of government, especially those following the Westminster system, where the executive and legislative branches of government are intermingled. It is contrasted with the European separation of powers found in presidential and semi-presidential forms of government where the legislative and executive powers are in origin separated by popular vote. Fusion of powers exists in many, if not a majority of, parliamentary democracies, and does so by design. However, in all modern democratic polities the judicial branch of government is independent of the legislative and executive branches.
The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power is vested in its citizens, who exercise it directly through the election of government representatives. Decisions related to changes in constitutional status or to an alteration of borders are subject to a vote of the citizens of Armenia exercised in a referendum. There are 117 articles in the 1995 constitution. On November 27, 2005, a nationwide constitutional referendum was held and an amended constitution was adopted. The constitution was amended again in a national referendum on December 6, 2015 that changed the political structure from a semi-presidential system to a parliamentary republic.
The Government of Malaysia officially the Federal Government of Malaysia is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is based in the national capital of Kuala Lumpur. Malaysia is a federation of 13 states operating within a constitutional monarchy under the Westminster parliamentary system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land.
The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.
The President of Honduras officially known as the President of the Republic of Honduras, is the head of state and head of government of Honduras, and the Commander-in-chief of the Armed Forces. According to the 1982 Constitution of Honduras, the Government of Honduras consists of three branches: Executive, Legislative and Judicial. The President is the head of the Executive branch, their primary duty being to "Execute and enforce the Constitution, treaties and conventions, laws and other legal dispositions." The President is directly elected for a four year term.
The Federal government of Mexico is the national government of the United Mexican States, the central government established by its constitution to share sovereignty over the republic with the governments of the 31 individual Mexican states, and to represent such governments before international bodies such as the United Nations. The Mexican federal government has three branches: executive, legislative, and judicial and functions per the Constitution of the United Mexican States, as enacted in 1917, and as amended. The executive power is exercised by the executive branch, which is headed by the president and his Cabinet, which, together, are independent of the legislature. Legislative power is vested upon the Congress of the Union, a bicameral legislature comprising the Senate and the Chamber of Deputies. Judicial power is exercised by the judiciary, consisting of the Supreme Court of Justice of the Nation, the Council of the Federal Judiciary, and the collegiate, unitary, and district courts.
The Ministry of Justice of Azerbaijan is a governmental agency within the Cabinet of Azerbaijan in charge of regulation of the justice system, overseeing the public prosecutor, maintaining the legal system and public order and instituting law reforms.
A cabinet is a body of high-ranking state officials, typically consisting of the top leaders of the executive branch. Members of a cabinet are usually called cabinet ministers or secretaries. The function of a cabinet varies: in some countries it is a collegiate decision-making body with collective responsibility, while in others it may function either as a purely advisory body or an assisting institution to a decision making head of state or head of government. Cabinets are typically the body responsible for the day-to-day management of the government and response to sudden events, whereas the legislative and judicial branches work in a measured pace, in sessions according to lengthy procedures.
The conception of the separation of powers has been applied to the United Kingdom and the nature of its executive, judicial and legislative functions. Historically, the apparent merger of the executive and the legislature, with a powerful Prime Minister drawn from the largest party in parliament and usually with a safe majority, led theorists to contend that the separation of powers is not applicable to the United Kingdom. However, in recent years it does seem to have been adopted as a necessary part of the UK constitution.
Separation of powers in Singapore is founded on the concept of constitutionalism, which is itself primarily based upon distrust of power and thus the desirability of limited government. To achieve this, the Constitution of the Republic of Singapore splits the power to govern the country between three branches of government – the legislature, which makes laws; the executive, which executes them; and the judiciary, which enforces them. Each branch, while wielding legitimate power and being protected from external influences, is subjected to a system of checks and balances by the other branches to prevent abuse of power. This Westminster constitutional model was inherited from the British during Singapore's colonial years.
The Provisional Constitution of the Federal Republic of Somalia is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. The Provisional Constitution was adopted on August 1, 2012 by a National Constitutional Assembly in Mogadishu, Banaadir.
A divided government is a type of government in presidential systems, when control of the executive branch and the legislative branch is split between two parties, respectively, and in semi-presidential systems, when the executive branch itself is split between two parties.