Structure And Organization Of Government: Executive and Judiciary

CONTENT

1. The Executive; Meaning, Functions and Types.
2. The Judiciary; Meaning, Functions, Independence of the Judiciary.

MEANING OF EXECUTIVE

This is the organ of government that is responsible for implementing government policies and is responsible for the day-to- day administration of the country. The executive arm of government is the same with administration or cabinet, the president or prime minister of a country, governors of states, ministers, the civil service, the armed forces, the police, etc, belong to the executive arm of government.

FUNCTIONS OF EXECUTIVE

• Implementation of Laws: The executive implements the laws made by the legislature. This is the primary function of the executive.
• Appointment of Top Officials: Ministers ambassadors, high commissioners and other important officials are appointed by the president with legislative endorsement.
• Giving Assent to Bill: Bills passed by the legislature require the assent of the president to become law.
• Preparation of Budget: The executive prepares the annual budget of the government which is presented to the parliament for approval.
• Maintenance of Law and Order: The law enforcement agent, the police are responsible for these functions.
• Provision of social amenities like good roads, schools, and electricity.
• Recommending Policy: The executive sends bills to parliament proposing ideas on government programmes and policies.
• Declaration of Wars: It can declare war, maintain peace and fight back foreign invasion.
• Defense of the country against external aggression.

TYPES OF EXECUTIVE

• Single Executive/Presidential Executive: This is a system whereby all executive powers of government are vested in the president. The president is the head of state, head of government and the commander-in chief of the armed forces. Examples of countries that practice this system include USA, Nigeria, Brazil, Chile, Tanzania, etc.
• Dual Executive/Parliamentary Executive: This is a system whereby one person is the head of state, while another person is the head of government. The head of state may be a monarch or ceremonial president, while the head of government is usually the prime minister. Countries that practice this system include Belgium, Italy, Sweden and Nigeria in the first republic.
• Collegiate Executive: It is a system in which a number of people form a council which rotates the chairmanship of the council and leadership of government in turns among its members. It was used during Olympio’srulership in Togo.

EVALUATION QUESTIONS

• Mention five functions of the executive as an organ of government.
• List and briefly explain the types of executive.

CONTENT: THE JUDICIARY

MEANING:

The judiciary as the third organ of government is responsible for the interpretation of the laws of the state and applies the existing law to individual cases. It refers to the system of courts and judges in a country. The Nigeria court system is headed by the Supreme Court which is the final court. The next is the court of appeal. Besides, we have the High court and Sharia as well as Magistrate Courts. The customary courts handle customary cases.

FUNCTIONS OF THE JUDICIARY

• Interpretation of law: The court interprets the laws of the state and applies the existing law to individual cases.
• Judicial Review: This is the responsibility of the judiciary to determine the constitutionality or otherwise of legislative enactments and executive decisions.
• Settlement of Disputes: the judiciary exercises power in settling disputes between different individuals or groups, individual and political institutions, and different political institutions.
• Punishment of Offenders: The courts have the power to punish those that have offended the laws of the land.
• Contribution to Law Making: In the process of interpreting the law and the exercise of the power of judicial review, the judiciary contributes to law making.
• Protection of Individual Rights: The judiciary is often described as the last hope of the common man. When the rights of citizens are infringed upon, they seek redress in the court of law.
• Prevention of Wrongful act: It serves as a watch dog on other organs of government. Legislative and executive excesses are redressed by the judiciary when brought before it.

INDEPENDENCE OF THE JUDICIARY

Independence of the judiciary refers to the ability of the courts to discharge their duties without undue external influence from other organs of government. The judiciary can only perform their role as an impartial arbiter and protector of individual rights, if it is independent of other organ of government.

Ways of Guaranteeing the Independence of the Judiciary

• Appointment of Iudges by Independent Body: If the judges are appointed by the chief executive, he may appoint those who will be loyal to him.
• Tenure of Office: Judges should be allowed to hold office for a specified period of time
• Promotion of Judges: Promotion of judges should be made by independent body and placed beyond the realm of politics.
• Immunity of Judges: Judges should be free from criminal and civil prosecution in the performance of their duties.
• Political Neutrality: Judges should not be allowed to take part in partisan politics.
• Remuneration: To prevent the executive from using payment of salaries and allowances to exert influence on judges, their remuneration should be paid from a consolidated fund.
• Extra Security: Security should be provided for the judges in and outside the courts so that they will not be intimidated.

EVALUATION QUESTIONS

• What do you understand by independence of the judiciary?
• Mention five ways by which the independence of the judiciary can be guaranteed.

GENERAL EVALUATION/REVISION QUESTIONS

1. What is the relevance of the executive organ in government?
2. What are the problems faced by the judiciary in the performance of its function?
3. Explain the procedure for constitutional amendment.
4. Highlight 5 features of socialism.
5. A. Define Capitalism B. State 5 differences between Capitalism and Socialism.

WEEKEND ASSIGNMENT

1. The judicial organ of government is the body which A. implements the law B. interprets the law C. make the lawD. enforces the law
2. The independence of the judiciary can be enhanced in all the following cases except where A. the salaries of judges are drawn from a consolidated fund B. judges are granted special immunity  C. the president is also the chief judgeD. there is adequate security for judges
3. Impeachment as an instrument of check on the executive is useful mainly in a A. Cabinet system B. Unitary system C. Presidential system D. federal
4. The head of the judiciary in Nigeria was A. the Chief Justice B. the Chief Judge C. Minister of JusticeD. Attorney General
5. The Appellate court in Nigeria is called——- A. Supreme court B. Appeal court C. High court D. Magistrate court

THEORY

1. What is the relevance of the executive organ in government?
2. State 6 functions of the judiciary as an organ of government.

READING ASSIGNMENT

TOPIC: SOME BASIC PRINCIPLES OF GOVERNMENT: Essential Government Pages 70-72