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THE EXECUTIVE

1.1 THE EXECUTIVE

In Representative democracy, the executive is the second branch or organ of government, used to designate all those officers of the government, whose business is to execute, or put into effect, the law.

The pivot around which the actual administration of the state revolves and includes all officials engaged in administration.

The executives embrace the whole governmental organization with the exception of the legislative and the judicial organs and includes all officials, high and low (that is, the Head of the State, his principal advisers and ministers), as well as the whole body of subordinate officials through whom the laws are administered.

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1.1.1

Definition of Executive

Meaning of the term executive is to describe all those officers of the government whose business is to execute or put into effect, the laws.

The cabinet ministers in the parliamentary system of government are called as the political executive. Their appointments made by the Prime Minister and they hold top ministerial positions. They are the law maker and the law executer.

The top officers and civil servants are the non-political executive.

The executive includes the whole governmental organization (with the exception of the legislative and judicial bodies) and includes all officials, the Head of State, his principal advisors and ministers, and the whole body of subordinates officials. The main duty of the Head of Executive and the ministers (in Cabinet) is to formulate policy and to see that it is properly implemented. The implementation of policy is the main job of the permanent civil service (or bureaucracy) who actually runs the various departments of the government.

1.1.2
1.

Classification of Executive
Real and Nominal (Titular) Executive
In a parliamentary system, the Head of State performs ceremonial The real

Distinction is made between the Head of State and the Head of Government (Executive). duties.

The area of influence of a ceremonial head is very limited.

functionaries (real authority or power) are the political persons who make the government and are headed by the Prime Minister.

Presidential system is when the same person plays both the roles of Head of State and Head of Government (he combines the ceremonial and political responsibilities). For example, in the US, the President is both the Head of Executive and Head of State. All authority is concentrated in a single person.

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Figure 1: Nominal and Real Executive

(Source: A.R Moten & S.S Islam, p.169)

2.

Single and Plural (number of Chief Executive)

The single executive means that the executive power is vested in one person. Hence, the responsibility is undivided. Example; the President of the United States of America.

The Plural or collegial executive means that the executive power is vested not in one man but in a council of members. Each member is equal in status and none is subordinate to the other. For example, the executive of Switzerland.

Advantaged of single executive:

a. Secures the unity and integrity in the system which is essential for efficiency b. Decision-making is easy and prompt

Disadvantages of single executive:

a. The concentration of power in one hand may give rise to despotism

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Advantages of Plural/collegial executive:

a. Check and balance on the power as each of the executive is equal in status and power b. This system could be more efficient because wisdom lies in a multitude of counselors.

Disadvantages:
a. May destroy responsibility, wastes time and can be dangerous, especially in time of emergency when swift decision and action need to be made. b. Delay in making decisions

1.2.3

Methods in Choosing Executive

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1.

Hereditary Principle

This is associated with monarch form of government. The term of office is for life and succession goes from father to son. Hereditary monarchy is the result of historical conditions. For example Saudi Arabia and United Kingdom

2.

Direct Popular Election

The choice of the Chief Executive is by direct vote (election) of the people. It gives the people the right to elect their Chief Executive who should represent their will and gain their confidence.

Advantages:
The method is more in line with the modern ideas of popular government, as it link the responsibility of the executive directly to the people.

When the people themselves have to elect the Chief Executive, they will evaluate the merits and qualities of each candidate. The final selection or choice would be on the one whose ability and integrity they trust. This system stimulates interest in the public affairs,

therefore educating the people and presents an example of a government by the people.

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Disadvantages:
The masses (large number of people) are incompetent or do not have the ability to elect representative for such a high post (as Head of the Executive). They may be easily influenced by the appeals made by the candidates, who always try to play with emotions. popular choice does not mean it is always the best. Thus, the

A periodical election of the Chief Executive usually creates political tension and excitement in the country. Political rivalry and sometimes corrupt methods used by the party machines are responsible for public demoralization.

Popular election of the Chief Executive may produce a radical change in his character. If he is popular and gain the respect of the people, he may use his position and authority to damage or harm the party in power when there are cases of disagreement between the two.

3.

Indirect Election

It involves election by an electoral college (collection) that beforehand was elected by the people. The indirect election have the advantage of avoiding the heats of direct election and the choice of electing the executive head is left in the hands of persons who are better qualified (experienced) to judge. In the US, for example, the

President is elected by the members of an electoral college in which every state has as many representatives as it has members in both the Houses of Congress.

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4.

Election by the Legislature

The idea is those who are best qualified to use their judgment in public affairs should make selection. The advantages of this system are firstly, the members of legislature are likely to make better selection of candidates than the ordinary voters. Secondly, it is also free from the evils of popular election such as excitement and bitterness which generally accompany direct elections. And third, it establishes a close relation and cooperation between the executive and the legislature.

Unfortunately the members of the legislature who elect the top executive are not free form party politics and as a result they choose their own party candidate rather than the best one. Secondly the executive in this system cannot exercise his independent authority since he is appointed along party line and finally, such a method also seriously interferes with the normal functions of legislature.

5.

Nominated Executive

Nominated executive exists in most cases in the colonies of some great powers. For example, the Governor General of Canada is a nominated executive. Another example is the Governor General of Australia is also nominated by the Queen of United Kingdom

1.2.4

Functions of the Executive

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1.

Internal Administration

The objective or goal of the state cannot be achieved unless there is internal peace and order. It is the duty of every executive to plan ways and methods in order to ensure the maintenance of peace within the country. It is also the duty of the

executive to implement policies and direct the execution of laws. This will need the division of the work of government into different departments and agencies in such a way as to ensure efficient and effect administration. It also coordinates the business of government. The department which is responsible for the maintenance of internal peace and order is call the Home Department of Department of Interior.

2.

External Administration

To ensure mutual peace and security, and to avoid all acts of aggression against one another, state adjusts their differences, if any, through diplomatic negotiations. In order to further or promote international goodwill and amity (friendship), treaties are concluded and representatives are appointed in foreign countries. The department which conduct foreign relations is called the Department of Foreign or External Affairs.

The conduct of the foreign relations includes the following: a. b. c. d. e. Sending and receiving diplomats Recognising a new state Establishing or withdrawing diplomatic relations Determining and implementing foreign policy Negotiating treaties and agreements

3.

Defense and War

The important function of the executive is to secure (protect) territorial integrity of the state and to protect the country from external aggression, and when needed, to wage (engage) in war. No country can wait for defense until war is declared. It must always be prepare to ward off the probabilities or war and to win, if it actually comes. The department, which is concern with the defense of the country and controls its military operations, is called the Defense and War Department.

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4.

Financial Functions

When money is to be spent, it must be obtained by some means or ways. Government meets their expenditure by taxing the people and by tapping other sources of income. The department, which makes provision of ways and means, is called the Finance Department or the Treasury. This department is the most

powerful because not only does it allocate money to the different departments but also it regulates and controls their expenditure through audit.

5.

Legislative Functions

In countries where there is a parliamentary government, the executive dissolves the popular house (usually lower house) and orders fresh elections. It can also convene or call for a special sessions of the legislature whenever necessary. The executive gives necessary information to the legislature regarding the needs of the country, either at the beginning of the session, or from time to time, during the continuance of the session.

In a parliamentary government, the real executive is part of the legislature. It controls the time schedule of the legislature and therefore provides the leadership element to the legislature. In law-making procedure, it is the executive to start and pilot all public Bills and see them through in the legislature. All Bills passed by the legislature must receive the assent of the executive head in order to become laws. He can also veto or refuse his assent. The executive is also granted the power of issuing ordinance and by-laws (administrative rules).

6.

Judicial Functions

The head of executive appoints the judges in most countries. Besides appointing judges, the executive has two important judicial powers:

a.

Granting pardon to a convicted person. The King of Malaysia has this power

b.

Granting amnesty to a group of persons, usually political offenders. President Jimmy Carter granted amnesty to the US military deserters of the Vietnam War.

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 The right of pardon or clemency is regarded as a natural and necessary part of executive function. It is intended to correct an error of judgment of the judiciary, which cannot be corrected (rectified) otherwise. Another reason is that a judge

decides the case on its merits and not on grounds of political expediency (suitability). Many persons may be convicted of political offences, but with the lapse of time, their detention may become unsuitable. By vesting the executive with the power of

pardon, the release of such persons can be ensured.

1.2.5

Comparison

between

Executive

in

Parliamentary and Presidential system

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1.2.6

Definition and Functions of the Civil Service

CIVIL SERVICE (NON-POLITICAL EXECUTIVE)

The permanent members of the government do the real work of administration. Those who actually run the department and implement the policies of government are known as members of the permanent civil or administrative service (also known as bureaucracy). They have a permanent status and tenure and are selected for the administrative capacity alone. They have no interest in party politics and do not go out of office when a ministry changes.

Permanency of tenure gives the Administrative Services security and specialization in their field of work. They provide to ministers and legislature all information needed for shaping and enacting policies on a multitude of subjects. They will see to it that whatever decisions are taken will be implemented expeditiously and efficiently. The term civil service covers the larger number of officials needed to run the machinery of government.

Characteristics of Bureaucracy (By Max Weber)

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 1. Specialization: Bureaucrats are specialized in their specific jobs. divisions of labor exist in the system. Clear

Each office has its own area of

competence. Each person has his own function or role to perform within specific limits.

2.

Hierarchy: Administrative officers are organized hierarchically. each official is under the supervision of a higher official.

It means,

3.

Formal: The organization operates through formal written rules. Employees know exactly what is expected of them.

4.

Skilled and Trained: Civil servants are appointed, not elected, on the basis of technical qualifications as determined by diplomas or examination.

Promotions are based on written policies which offer the civil servants a sense of security. 5. Fixed Salaries: Civil servants receive fixed salaries according to rank. The job is a career and the sole employment of the civil servant. bureaucrats cannot work elsewhere. So, the

6.

Impersonality: No civil servant owns his job. The official does not own his office. If one bureaucrat leaves a position then someone must be found to fill it. So, the bureaucracy is expected to provide equal treatment to the people.

7.

Control and Discipline: The official is subject to control and discipline. Promotion is based on the superiors judgment. Also the official can be

suspended, transferred or dismissed if the superior is not satisfied with his performance.

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Functions of the Bureaucrats:

1.

Administration: They execute and enforce the laws enacted by the legislature and the ordinances issued by the ministries. They translate the laws into action and bring the government into contact with the citizens.

2.

Policy Formulation: A policy is usually formulated by the cabinet but all details of the policy and all routine business connected therewith are left to various departments of the government. Every department prepares the draft of the scheme, works out the details, and consults the interest groups likely to be affected by it.

3.

Regulating: All the regulations of the government are updated by the civil servants. Numerous regulations are issued by various departments to control virtually every aspect of our life.

4.

Licensing: It enables the government to control the illegal activities of the individuals and organizations.

5.

Servicing: The civil sector involves the offerings of services to the citizens.

6.

Gathering Information: All bureaucracies gather information from various sources. The information is essential for making a policy decision.

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Principles of Politics Administration Dichotomy:

1. Public Administration officers cannot involve directly in any political activity

2.

Implementation of any development program and humanities should be done without prejudice

3.

Countrys resources should be distributed equally according to the constitution

4.

Politics should not be an excuse to manipulate resources

5.

Public policy should be done by the administrative machine that is not bias and prejudice

1.2.7

Executive in an Islamic Political System

According to A. Rashid Moten & S.S Islam (pg.177), In Islam, the executive branch is the nucleus of authority within a state. It is designated in the Quran and the Hadith as Ulul-Amr and Umara and is headed by the Amir (the leader) who is be elected from among the most respectable and most pious persons. The highest position in Islamic political system is Khalifah. Amir or Khalifah who is accountable to the Shura, which in contemporary terms can be called legislature. The word Khalifah comes from the Arabic word Khalafa, yakhlufu which means a ruler. The concept of Khalifah has three interactive compositions. First, a man is Khalifah over himself, that is he is the master of himself, he controls his being spiritually and physically towards the benefits of himself in accordance with the teachings of Islam. Second, he is a vicegerent towards others. He must perform justice and harmony upon other beings as Allah orders him to do so. Third, Khalifah governs under the command of Allah. This is the highest responsibility that Khalifah has, and he must acknowledge the oneness of Allah who is the Master of the Universe and the Master of all creatures. In order to be a Khalifah, one has to possess certain characteristics before being appointed as the ruler of the state. First, he must be a true Muslim prepared in all faculties, spiritually and physically. Second, he must have enough knowledge to make his judgment. Third, he must follow the rules of Allah, contained in the Quran and the Sunnah. Finally, he must have competence, that is the ability to encouorage his followers to submit before Allah.

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EXAMPLES
This is an example of questions that you typically find in a questionnaire where predetermined set of responses is given.

1.

The executive is the body that implement the law Yes No

2.

Which of the statement below explain about external function of the excutive a. To secure territorial integrity of the state and to protect the country from external aggression b. The executive is responsible for ensuring mutual interaction among states for peace and security c. The executive summons, adjourns and prorogue the session of its legislature d. The executive is required to keep an eye on the administration of courts

3.

Below are the foreign relations of the executive except; a. b. c. d. Establishing or withdrawing diplomatic relations Negotiating treatis and agreements Protect country borders from outside attack Determining and implementing foreign policies

4.

The Chief executive also can be inherited from father to son Yes No

5.

Malaysias head of government is both nominal and real executive Yes No

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 6. Impersonality in the civil service means that the organization operates through formal written rules. Employees should know exactly what is expected of them Yes No

7.

The executive also have power to grant pardon mainly to.... a. b. c. d. A convicted person Political offenders Religious groups Protesters

8.

Below are the characteristics of bureaucracy except; a. b. c. d. Specialization Impersonality Control and discipline Absentism

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CHECKLIST
At this point you should be able to: Differentiate between the Political executive and the non-political executive Understand the functions, methods of selection and the classification of executive Compare the executive in Parliamentary and Presidential System Understand the principle of politics administration dichotomy

ACTIVITIES
You have now reached the stage where you should be able to identify the various methods of observation. Try the following exercise so that you will become much clearer on the application of observations.

STUDY QUESTIONS
PART A: DEFINITION
Please define the following terms:

1. 2. 3. 4. 5.

Political executive Single and Plural executive Civil Service Real and nominal executive Hereditary principles

PART B: SHORT ANSWER

Answer the following questions:

1.

Elaborate on the differences between political executive and non-political executive

2. 3. 4. 5.

Explain functions of executive Differentiate executive in parliamentary system and executive in presidential system Identify the principles of politics administration dichotomy Elaborate on the methods in choosing executive

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