Posted by Chester Morton / Saturday 25 February 2017 / No comments
Why the powers of the executive has been increasing in recent times
The executive arm of government is that which is charged with
responsibility of formulating policies and implementing same for the smooth
administration of the state.
The concept of Separation of Powers postulates
that the three arms of government namely, the Legislature, the executive and
the judiciary must be independent in personnel, functions and powers. However,
in recent times the powers of the executive have increased tremendous to the
disadvantage of the other two organs and reasons have been assigned for this
state of affairs.
REASONS FOR THE
INCREASE
Presidential power of appointment
One of the reasons why the powers of the executive have
increased in recent years is the power of the president to appoint ministers of
state. The modern executive powers, exercised by the president, give him or her,
the power to hire and fire ministers and government functionaries. He or she
also has the power to appoint ambassadors or High Commissioners and judges.
Such appointing power has helped to increase the powers of the executive.
Power of prerogative of mercy
The modern executive has been granted power under the
constitution to grant pardon to convicted criminals. Though under many
circumstances, the president must act in consultation with other statutory
bodies, the final decision lies with him or her. This power to grant mercy to
those convicted by the law has also increased the powers of the modern
executive.
The power of veto
Another cause of the increased powers of the executive is the
power of veto that is exercised by the president. The constitution has granted
powers to the president to veto a law passed by parliament but which, in the
candid wisdom of the president is not good for the state under current
circumstances. In other words, that law which has been vetoed by the president
cannot become law.
Powers of emergency
In times of crisis, where a state of emergency is declared,
the executive arm of government is granted wide discretionary powers to take
the necessary measures to contain the emergency. Under such circumstances, the
executive assumes certain powers that are not available to it under normal circumstances.
This exercise of discretionary powers in times of emergencies has increased the
powers of the executive against the other arms of government.
The exercise of delegated legislations
For several reasons, the Parliament of a country has to
delegate some of its powers to other bodies to make laws on its behalf. Such
powers are delegated through Acts of Parliament to other bodies who then are
able to role together the powers of the executive, legislature and the
judiciary into one. Such powers are exercised by extensions of the executive
arm of government at the local levels. This has also helped to increase the
powers of the executive in modern times.
Quasi-judicial functions
There are times when the executive arm of government performs
certain quasi-judicial functions for the state. This sometimes happens when a
tribunal is established to adjudicate a matter in ministries, departments and
agencies. The executive is most of the times a member of these tribunals and
this allows it to exercise judicial powers. This has also increased the powers
of the modern executive.
SAMPLE QUESTIONS
1. Explain six of the factors that have contributed to the
increase in the powers of the executive arm of government in recent years.
