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.
 LUNARIAN: Ah, the executive power is a part of the legislative.
There was a time," said the devil, as if reciting some passage from a book - "there was a time when occurred an anarchy of five years, during which the republic, bereft of all its officers, had no magistracy besides the tribunes of the people, and these were not legally vested with any degree of executive power - at that time, Monsieur Bon-Bon - at that time only I was in Rome, and I have no earthly acquaintance, consequently, with any of its philosophy.
Given the importance of this issue in the 2016 presidential campaign it is clear that the American public is dissatisfied with President Obama's evisceration of meaningful immigration enforcement and his unconstitutional assertion of executive power to unilaterally change immigration policies.
He challenged that the government was opposed to IGAD proposed executive power-sharing which would see the rebel leader, Riek Machar, become either a prime minister or first vice president with shared executive powers.
In The Once and Future King, he offers a penetrating analysis of the dangerous growth of executive power in three predominantly English-speaking democracies: Great Britain, Canada, and the United States.
He added: "Executive power is unchecked and executive power has been misused.
Mersel Biljali said that in principle, the leaders of the Albanian parties must be part of the executive power and assume responsibility for what they promised to citizens.
I can't think of one incident, not one, where George Bush used executive power to rewrite legislation, or pass laws without review, process, or consent.
Aleksandra Mitevska reminds in Utrinski vesnik that the parliamentary debate on the 2014 budget which kicked off on Wednesday is a new important test for the relations between the political forces in the country and the approach of the executive power towards the legislative.
The draft also recommends that the government be the supreme executive power which controls all civil and military institutions.
While a temporary increase in executive power is customary during a time of war, many believe this era of persistent conflict has resulted in a permanent transfer of power to the executive branch.

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