Executive (government)
Under the doctrine of theย separation of powers, theย executiveย is the branch of aย governmentย charged with implementing, orย executing, theย law. Theย de factoย most senior figure in an executive is referred to as theย head of government. The executive may be referred to as theย administration, inย presidential systems, or simply as theย government, inย parliamentary systems.
Executives under different systems
- Inย presidential systemsย executive authority is exercised by a president who is alsoย head of state. The president will not usually be designated by theย legislature, and may instead be elected directly or (in the case of theย President of the United States) indirectly, by an electoral college. Under presidential systems the legislature and the executive are formally distinct, and it is usually expressly forbidden for the president and other executive officers to be members of the legislature.
- Inย parliamentary systemsย executive authority is exercised by aย cabinetย headed by an official with a title such asย prime ministerย orย premier. Theย prime ministerย is usually designated by the lower house of the legislature, and the cabinet and prime minister may be removed at any time by aย vote of no confidenceย in the legislature. Under a parliamentary system the head of state is oftenย notionallyย the head of the executive but is bound, by either law or custom, to always actย on the adviceย of the cabinet or prime minister. Under such systems the distinction between the legislature and executive is necessarily not clear cut, and it is usually an express requirement that members of the executive also hold seats in the legislature.
- In aย semi-presidential systemย executive power is shared between the head of state and a premier.
Role of the executive
It is usually the role of the executive to:
- Enforce the law. To achieve this the executive administers the prisons and the police force, and prosecutes criminals in the name of the state.
- Conduct the foreign relations of the state.
- Command the armed forces.
- Appoint state officials, including judges and diplomats.
- Administer governmentย departmentsย andย public services.
- Issueย executive ordersย (also known asย secondary legislation,ย ordinances,ย edictsย orย decrees).
Mostย constitutionsย require that certain executive powers may only be exercised in conjunction with theย legislature. For example, often the consent of the legislature is required to ratifyย treaties, appoint important officials, or to declare war. In theย United Kingdom, however, the executive is exempt from most such limitations under theย royal prerogative.