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.
Baku City Executive Power Authority recommends entrepreneurs, heads of enterprises and organizations to ensure of meeting of greenery in front of their enterprises to modern day's requirements create and preserve new green corners, APA reports citing Baku City Executive Power.
Azerbaijan's Baku City Executive Power recommended that entrepreneurs, heads of companies and institutions, monitor the state of green spaces in the territories adjacent to their facilities, as well as create and protect green corners,Trendreports referring to the Baku City Executive Power.
In the framework of the Commission for the Application of the Investment Law (Comap), between January and November of 2018, 18 tourism projects were approved for an amount of 32.7 million dollars, indicated in the text of the Accountability Report sent by the Executive Power. Montevideo and Maldonado concentrated 61% of the projects financed.
Accumulating power at the top involves managing two major spheres of activity: politics and executive power. Politics in this country pits the ruler against the political parties, whether they are in acquiescent mode (like they were through the Musharraf years as they sat in his parliament) or in street-fighting mode (as they were in the Zia years).
(TAP) - "If the President of the Republic does not really wield the executive power, this must be taken into account in the future," President Beji Caid Essebsi said, alluding to an overhaul of the Constitution.
Undoubtedly, section 5 of the 1999 Constitution vests executive power of the Federation in the President.
is a valid exercise of [the President's] executive power,' state prosecutors told Judge Andres Soriano of Makati RTC Branch 148.
That marked a significant expansion of Abbott's executive power in a state with a comparatively weak governorship.

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