Executive (government)

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The executive is the part of the government that executes and enforces law and policy. The powers of the executive may be divided and vary depending on the specific government office. [1]

Contents

In parliamentary systems, the executive is usually called the 'government' (the legislature and judiciary are therefore not branches of the government), the top level of which is the cabinet or council of ministers lead by a prime minister, while in congressional systems the executive is one branch of the government, with executive power usually vested in the president.

Function

The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. They are usually laid out in a constitution. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. [2]

In political systems based on the separation of powers, government authority is distributed between several branches to prevent power from being concentrated in the hands of a single person or group. [3] To achieve this, each branch is subject to checks by the other branches; in general, the executive or the legislature can propose laws, the legislature can pass or block laws, laws are then enforced by the executive, and interpreted by the judiciary. The executive can also be the source of certain types of law or law-derived rules, such as a decree, executive order, or delegated legislation. For example, the U.S. federal legislative branch frequently delegates rulemaking (creation of regulations) to the U.S. federal executive branch. [4]

In states that are characterized to have unified state power, the executive performs both judicial and legislative duties, while under the fusion of powers, the executive gains legitimacy and is responsible to the legislature. [5] [6]

Political creation

Vanhanen II Cabinet in a session of the Finnish Parliament, 2007 Vanhasen II hallitus.JPG
Vanhanen II Cabinet in a session of the Finnish Parliament, 2007

In parliamentary systems, the executive is responsible to the elected legislature, and must maintain the confidence of the legislature. [7]

Parliamentary systems have a head of government which is distinct from the head of state. [8]

Members of the executive (ministers) are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems, the directly elected head of government appoints the ministers. Ministers can be directly elected by voters, such as in Switzerland at the cantonal (state) level. [9]

Internal organization and personnel

In a presidential system, the leader of the executive is both the head of state and government. [10] In some cases, such as South Korea, there is a Prime Minister who assists the President, but who is not the head of government but is the second in the chain.

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. [11]

See also

References

  1. ↑ Brown, Garrett W.; McLean, Iain; McMillan, Alistair (6 January 2018). The Concise Oxford Dictionary of Politics and International Relations. Oxford University Press. ISBN   978-0-19-254584-8.
  2. ↑ Martinez, Jenny S. (2006). "Inherent Executive Power: A Comparative Perspective" . The Yale Law Journal. 115 (9): 2480–2511. doi:10.2307/20455703. ISSN   0044-0094. JSTOR   20455703. Archived from the original on 2022-12-30. Retrieved 2022-12-30.
  3. ↑ "separation of powers". LII / Legal Information Institute. Retrieved 2026-10-14.
  4. ↑ "Legislative Branch". Regulatory Studies Center, Columbian College of Arts & Sciences. The George Washington University. Retrieved 2026-02-07.
  5. ↑ Takahashi, Kazuyuki (1990). "Contemporary Democracy in a Parliamentary System" . Law and Contemporary Problems. 53 (1). Duke University School of Law: 105–122. doi:10.2307/1191830. ISSN   0023-9186. JSTOR   1191830.
  6. ↑ Barber, N. W. (2021). "Realising the Separation of Powers". The United Kingdom Constitution. pp. 206–214. doi:10.1093/oso/9780198852315.003.0012. ISBN   978-0-19-885231-5.
  7. ↑ "Parliamentary system | Definition & Facts | Britannica".
  8. ↑ "Head of state | Role, Powers & Responsibilities | Britannica".
  9. ↑ Buchs, Aurélia; Soguel, Nils (2022-04-01). "Fiscal performance and the re-election of finance ministers–evidence from the Swiss cantons". Public Choice. 191 (1): 31–49. doi: 10.1007/s11127-021-00949-z . ISSN   1573-7101. S2CID   246371550.
  10. ↑ "The Executive Branch". The White House. Archived from the original on 20 January 2021. Retrieved 4 July 2015.
  11. ↑ "Executive Branch of Government in Canada". Parliament of Canada. Archived from the original on 2 May 2017. Retrieved 4 July 2015.