Generally speaking, the executive branch of government executes the laws created by the legislative branch. The executive also has the responsibility to formulates policies and carry out certain reforms it deems necessary with the bureaucracy fully under the executive though oversight function by the legislature. While some executive policies may require legislation, others could just be by Executive Order of Mr President, for instance. The executive branch is sometimes divided into two parts, a head of state that performs ceremonial functions and the head of government as chief executive- usually designated as the Prime Minister. The power held by these two positions is not consistent depending on the practice of each individual nation. The Prime Minister is the chief executive and holds a great deal of power. In France, the President is the head-of-state and has a great deal of power over the executive. The Prime Minister has been likened to a junior partner in the executive. The Russian President, Vladimir Putin as of today has executive powers, but hitherto, he was the Russian Prime Minister with executive powers. It was indeed give and take he did with the immediate past Prime Minister of Russia, Dmitry Medvedev who initially was the Russian President, but with assigned executive powers. However, in the case of Nigeria, like the USA, both ceremonial and executive powers are performed by the President, etc. etc. The method for choosing the executive varies greatly. In some cases, such as in Britain, the head-of-state is a hereditary monarch and the chief executive is the Prime Minister chosen from the Parliament. The people, then, have no choice in the head-of-state and only a small segment of the population have a choice of the
Parliament (MP) from the majority party - each MP is elected in a local election). In Israel, the President is chosen by the Knesset and the Prime Minister is a Member of the Knesset. In the United States, the President is elected, indirectly through the Electoral College, by the people, while in Nigeria the President is elected directly by the people in a general election.
3.1.1 Types of Executive: Parliamentary and Presidential Executive
The parliamentary executive refers essentially to the prime minister in a cabinet system of government. He emerges as prime minister by virtue of his leadership of the majority party in government. Real executive powers are vested in the cabinet, consisting of the prime minister and a number of ministers. Hence the executive is the head of government but he/she is equal to other ministers. It is in this sense that the executive in a parliament system is referred to as first among equals. The executive holds office as long as he commands the majority in the parliament. A vote of no confidence by parliament forces the prime minister and his cabinet (ministers) to resign en bloc. The classical example of a parliamentary executive is Britain. A presidential executive is one who is both the head of state and head of government. He is elected by a majority of eligible voters across the country. Such an executive holds office for a fixed term, and can only be removed from office through a process of impeachment. Nigeria has a presidential
3.1.2 Functions of the Executive
i Policy formulation: The executive formulates policies that guide the general administration of the state.
ii Implementation of policies: The executive also executes or implements the laws made in the legislature or policies made by it (the executive) and ensure obedience to them.
iii Giving Assent to Bills: The head of the executive gives assent to bills before they become laws, but the president can veto any bill brought before him for signature which he does not support.
iv Initiation of Bills to the Legislature: The executive sometimes initiates and submits bills to the legislature to pass into law for the good governance of the country.
v Military Functions: It controls the armed forces and declares war against any external or internal aggressors. (The head of the executive arm of government is the commander-in-chief of the armed forces).
vi Maintenance of Law and Order: The executive uses the police to maintain law and order in a country through the enforcement of law and order.
vii Provision of Welfare Services: It is the executive that performs the main function of the government which is the provision of welfare services to the citizens.
viii Maintenance of External Relations: The executive maintains external relations, signs treaties, etc., with other countries especially friendly ones. In carrying out this duty, the executive normally visits other countries, attends world conferences and meetings such as that of the United Nations and also receives visiting heads of state or representatives of other countries such as ambassadors to his/her own country.
ix Making of Budgets: It is the executive that prepares the total proposed annual financial expenditure.
x Pardoning of Convicts: The executive, through the powers granted to it by the constitution, may reduce the sentence passed against a convict, or delay the execution of the sentence.
xi Granting of amnesty: The executive may, from time to time, grant an amnesty to certain categories of state offenders. This applies especially to political offences.
xii Inaugurating and Dissolution and of the Parliament: The executive has power, in some countries such as Britain and Nigeria, to summon and dissolve parliament.
xiii Appointment of Judicial Officials. The executive appoints the Chief Justice of the state, judges of the Supreme Court, and other high-ranking officials of the judiciary.
xiv Delegated Legislation: While the legislature makes the major laws, the executive is delegated the power to make minor laws like statutory orders, edicts, etc. in turn, the executive, in the exercise of delegated power, issues statutory orders and rules for the governance of the country.
xv General Administration: The executive carries out general administrative functions like recruitment of civil servants and exercising disciplinary control over them, creation of employment opportunities for the citizens, provision of food, shelter and
rendering of other essential services to the people of the country, etc.
3.1.3 Limitations to the Powers of the Executive President
In a presidential system, the president can be impeached by the legislature if he violates or abuses the provisions of the constitution.
He must present the list of his ministers, judges and ambassadors to the legislature for approval.
The term of the president is fixed by the constitution for a limited period.
The constitutional review power of the Supreme Court can declare null and void any unconstitutional action of the president.
As sometimes happens, the control of the legislature by another party other than that of the president acts as a strong check on the powers of the president.
SELF-ASSESSMENT EXERCISE
List and explain seven functions of the executive.