Executive Power

Executive Power

 

in the bourgeois theory of state law, an independent power granted certain functions, as distinct from the legislative and judicial powers.

The term “executive power” was introduced by the English philosopher J. Locke, whose position was developed by the French philosopher Montesquieu. In the 18th and the 19th centuries the person vested with the executive power was the monarch and the administrative machinery was subordinated to him. In contemporary bourgeois states, executive power formally belongs to the government. In countries with parliamentary forms of government (parliamentary monarchy, parliamentary republic), exexutive power, according to the constitution, belongs to the head of state (president, monarch) and to the government, headed by the prime minister. In reality, however, the rights of the head of state in the area of executive power are exercised in his name by the government. In the so-called presidential republics, the head of state and the government is one and the same person—the president, who is legally considered the sole holder of the executive power.

According to bourgeois constitutional theories, the sole function of executive power is the execution of the laws adopted by the authority of the legislative power—the parliament. During premonopoly capitalism the theory of parliamentarism was dominant; its main principle was the political responsibility of the body of the executive power (the government) to the parliament. During the era of imperialism, a crisis of bourgeois parliamentarism took place, manifested by the narrowing of parliamentary power and the strengthening of executive power; in fact, the bourgeois state controls and directs the activity of the parliament: the bourgeois state not only determines the basic policy of legislative and other activities but also legislates itself by way of so-called delegated legislation.

The separation of powers and their opposition to the executive power are unknown to the state law of socialist countries, where the principle of a single state power is in force; this state power belongs to the working people through their elected representative bodies. The government formed by these bodies is the executive and administrative body of state power.

References in classic literature ?
The executive Power shall be vested in a President of the United States of America.
In the eyes of one the junction of the Senate with the President in the responsible function of appointing to offices, instead of vesting this executive power in the Executive alone, is the vicious part of the organization.
 LUNARIAN: Ah, the executive power is a part of the legislative.
We have to adjust the executive power because now certain parts of this power will be given to constituent units in various regions,' he said.
In accordance with the order, three million manats will be allocated to the Executive Power of Mingachevir City from the Presidential Reserve Fund envisaged in Azerbaijan's 2018 State Budget for replacement of roofs of 60 multi-apartment buildings and continuation of the necessary repair work.
In addition to the discussion and voting in the Generality of the Proposed Law on Repatriation of Financial Resources Domiciled Abroad, there are five more points on the agenda, especially the discussion and voting of the Draft Legislative Authorization Law authorized by the President of the Republic, as holder of the Executive Power, to legislate on the Deduction of the Premium of Investment in Seat of the Tax on the income of the Oil in the Contract of Services at Risk for Block 48.
Federalism could prevent the repeat of the Marcos dictatorship by 'dispersing' executive power, according to Southern Leyte Rep.
He also supported President Barack Obama using executive power to authorize drone attacks and foreign surveillance.
Zlate Lozanovski criticizes in Sloboden pecat that coordinator of VMRO-DPMNE MP group, Ilija Dimovski used analogy to urge the officials in executive power that they are not obliged to give answers to any questions, referring to the accusation for "mobbing" addressed by special public prosecutor following the attack and insults presented by VMRO-DPMNE MPs against Katica Janeva.
According to Geneina, the CAO is mandated to supervise the executive power and by allowing executive powers to exercise control over the agency, it will not be able to fulfil its tasks and duties.
Constitutionalism, Executive Power, and the Spirit of Moderation
Such claims of excessive executive power call to mind historical

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