Executive power

Definition

Executive power refers to the authority granted to the executive branch of government to enforce laws and administer public policy. This power is primarily vested in a president or prime minister, who acts as the head of state and government, overseeing the execution of laws and the functioning of the administrative apparatus. In relation to judicial review, executive power can be examined through the lens of checks and balances, where courts have the ability to review actions taken by the executive to ensure they comply with the law and constitution.

5 Must Know Facts For Your Next Test

1. Executive power is primarily exercised by the president in a presidential system or by a prime minister in a parliamentary system.
2. This power includes appointing cabinet members, enforcing laws, conducting foreign affairs, and directing military operations.
3. The scope of executive power is often defined and limited by a constitution or statutory law to prevent abuse.
4. Judicial review plays a critical role in checking executive power by allowing courts to assess whether executive actions comply with legal standards.
5. Conflicts between executive power and judicial review often arise when executive actions are perceived to overstep legal boundaries, leading to significant court cases.

Review Questions

• How does executive power relate to the system of checks and balances within a government?
  • Executive power is an essential component of checks and balances as it allows the president or prime minister to enforce laws while also being held accountable by other branches. The legislative branch creates laws, while the judiciary interprets them. If the executive branch takes actions that exceed its authority or contradict existing laws, judicial review serves as a mechanism for the courts to check this power and uphold the rule of law.
• Discuss how judicial review impacts the exercise of executive power in a democratic system.
  • Judicial review significantly impacts executive power by ensuring that actions taken by the executive branch adhere to constitutional principles. When courts assess whether an executive action is lawful, they provide a necessary check against potential overreach or abuse of power. This relationship underscores the importance of an independent judiciary in maintaining democratic governance, as it holds the executive accountable for its decisions and actions.
• Evaluate the implications of expansive executive power on democratic governance, especially in light of judicial review.
  • Expansive executive power can pose challenges to democratic governance as it may lead to authoritarian practices if not properly checked. In such scenarios, if judicial review is weakened or ignored, there is a risk that the executive may act beyond its legal authority without facing consequences. This situation can undermine public trust in government institutions and erode democratic norms. Therefore, maintaining a robust system of judicial review is crucial for ensuring that executive power remains within constitutional limits and protects citizens' rights.

Related terms

Checks and Balances:

A system that ensures no one branch of government becomes too powerful by providing each branch with the ability to limit the powers of the others.

Judicial Review:

The power of courts to evaluate the constitutionality of legislative acts and executive actions, ensuring they do not violate constitutional provisions.

Separation of Powers:

The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.