Holding the Executive to Account in the 21st Century: Prerequisites and Mechanisms
Muhammad Mohsin Iqbal
June 17, 2009
State
A state is a political association with effective dominion over a geographic area. It usually includes the set of institutions that claim the authority to make the rules that govern the people of the society in that territory, though its status as a state often depends in part on being recognized by a number of other states as having internal and external sovereignty over it. In sociology, the state is normally identified with these institutions: in Max Weber's influential definition, it is that organization that has a "monopoly on the legitimate use of physical force within a given territory," which may include the armed forces, civil service or state bureaucracy, courts and police.
According to the Article 7 of the Constitution of Islamic Republic of Pakistan ""the State" means the Federal Government, [Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess."
Country
In political geography and international politics a country is a geographical entity, a territory, most commonly associated with the notions of state or nation. In common usage, it is used casually in the sense of both "nation" (a cultural entity) and "state" (a political entity). Definitions may vary. It is sometimes used to refer to both states and some other political entities, while in some occasions it refers only to state. It is not uncommon for general information or statistical publications to adopt the wider definition for purposes such as illustration and comparison.
There are dozens of non-sovereign territories which constitute geographical countries, but are not sovereign states. Several states have overseas dependencies, with territory and citizenry separate from their own. They are sometimes listed together with states on lists of countries.
Nation
One of the most influential doctrines in history is that all humans are divided into groups called nations. It is an ethical and philosophical doctrine in itself, and is the starting point for the ideology of nationalism. A nation is not a state, and while traditionally monocultural, it may also be multicultural in its self-definition. The term nation is often used as a synonym for ethnic group (sometimes "ethnos"), but although ethnicity is now one of the most important aspects of cultural or social identity, people with the same ethnic origin may live in different nation-states and be treated as members of separate nations for that reason. National identity is often disputed, down to the level of the individual. Almost all nations are associated with a specific territory, the national homeland. Some live in a historical diaspora, that is, mainly outside the national homeland. A state which explicitly identifies as the homeland of a particular nation is a nation-state, and most modern states fall into this category, although there may be violent disputes about their legitimacy. Where territory is disputed between nations, the claims may be based on which nation lived there first. Especially in areas of historical European settlement (1500-1950), the term "First Nations" is used by groups which share an aboriginal culture, and seek official recognition or autonomy.
Legislation
Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body. The term may refer to a single law, or the collective body of enacted law, while "statute" is also used to refer to a single law. Before an item of legislation becomes law it may be known as a bill, which is typically also known as "legislation" while it remains under active consideration. In some jurisdictions, legislation must be confirmed by the executive branch of government before it enters into force as law. Under the Westminster system, an item of legislation is known as an Act of Parliament after enactment. Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed and enter into force is generally a matter of the legislative priorities of government. Those who have the formal power to create legislation are known as legislators, while the judicial branch of government may have the formal power to interpret legislation.
Executive
In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the "government", but this usage can be confusing in an international context. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to interpret them (role of the judiciary): in practice, this separation is rarely (if ever) absolute. The executive is identified by the Head of Government. In a presidential system, this person (the President) may also be the Head of State, whereas in a parliamentary system he or she is usually the leader of the largest party in the legislature as is most commonly termed the Prime Minister.
Judiciary
In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the disputes. The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law.
Role of the Executive
The exact role of the executive depends on the constitution of the country. Not all of the following functions need be exercised by the central executive, particularly in federal countries: they may instead be exercised by local government. The main function of the Executive Branch is to do what it is instructed to do by Legislation produced by the Legislative Branch: the Executive Branch collects taxes and customs duties as instructed by the Legislative Branch and uses the money appropriated by the Legislative Branch to pay the salaries of government employees and other government expenditure. As instructed by the Legislative Branch; it assures the internal and external security of the state as by maintaining a police force and armed forces when instructed to do so by the Legislative Branch according to its rules. The Executive Branch acting by and with the advice and consent of the Legislative Branch is also responsible for executing the regulating legislation drafted by the Legislative Branch to guide the many sectors of the economy, notably
the Military
the labor force (e.g. by enforcing labor laws)
agriculture
transportation
energy provision
housing and construction (e.g. by issuing building permits)
commerce in general (e.g. by enforcing minimum standards, and notably by issuing a currency)
The Executive Branch may provide health and education services: regulating these areas as instructed by the Legislative Branch and operates nationalized industries, and promotes research and culture.
Relation to the legislature
While the legislature is responsible for approving the laws of a state, it does not usually, on its own, have the capacity to enforce them, notably in terms of employees and other infrastructure. The necessity to enforce a law if it is to be effective imposes a degree of cooperation between the legislature and the executive: the legislature may vote "free beer for all", but the executive would be in its role to ask "who pays the brewer?" In many countries the executive has the power to veto some or all types of legislation, or at least to delay their approval by insisting on a longer debate of the consequences. Under the Westminster system, the Prime Minister and other ministers are members of the legislature, and in other parliamentary systems the executive is usually headed by the party or parties which control a majority in the legislature. This gives the executive some control over the legislation, which is passed, but this control is rarely absolute in a democracy.
In general, the legislature has a supervisory role over the actions of the executive, and may replace the Head of Government and/or individual ministers by a vote of (no) confidence or a procedure of impeachment. On the other hand, a legislature which refuses to cooperate with the executive, for example by refusing to vote a budget or otherwise starving the executive of funds, may be dissolved by the Head of State, leading to new elections. The legislature usually delegates some legislative power to the executive, notably to issue regulations or executive orders which complete a piece of legislation with technical details or points which might change frequently (e.g. fees for government services). The executive may also have powers to issue legislation during a state of emergency.
Relation to the Judiciary
The Executive Branch acts by and with the advice and consent of the Legislation made by the Legislature and thus is subject to the Legislative Branch. (except in a dictatorship). The judiciary acts as a competent administrator to ensure compliance with the laws crafted by the Legislative Branch. The laws which apply specifically to the executive are known as administrative law, although this should not be taken to imply that the executive is exempt from other laws such as human rights or the rules of war. The Executive Branch may be challenged in court for failure to comply with the decisions of the Legislative Branch. The idea of judicial review: is that the competent administrators in the judiciary have the responsibility to review compliance with Legislation wherever there is a party claiming injury. The Legislature Branch has the responsibility to supervise the execution of its laws and the compliance of the judiciary and the Executive branch with them.
The Legislature makes decisions and the Judiciary and the Executive Branch enforce its decisions with the help of the forces funded by the Legislature to enforce its laws (e.g. police force, prison service). The Legislative Branch is responsible for providing funding for courthouses, establishing and paying the salaries of judges: The Executive Branch is responsible for getting them built and staffed as instructed. The competent administration of the judicial system is the responsibility of the justice minister, also referred to as the attorney general. The Legislative Branch makes laws and the Executive branch executes them as instructed. In the Department of Justice the Attorney General oversees the staff responsible for taking legal action in the public interest, for example enforcing Civil Rights, Public Safety, policing corporations, prosecuting them as any other criminal and protecting the interests of those who cannot defend themselves (e.g. children or the mentally handicapped). The authority to perform these functions is delegated by the legislature to be both the executive Branch and the judiciary as required. The executive is responsible for the day-to-day management after the Legislature decides to provide the necessary infrastructure and pay the necessary salaries.
Most countries have safeguards to protect the independence of the judiciary from the executive, such as the impossibility of the executive to dismiss a judge. Similar safeguards may apply to other categories of government employees, in order to allow them to conduct their functions without undue political pressure. In return, judges and government employees may be expected not to take part in active politics themselves. In the United States the Congress has all the power and the sole responsibility of removal by means of impeachment.
Prerequisites and Mechanisms
In Pakistan, the Executive is accountable by the Parliament. The different forms of accountability of Executive are as under:
The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.
The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
Vote of no confidence against Prime Minister.
Oral and written questions of parliamentarians.
Matters of public importance
Calling Attention Notice
Adjournment Motions
Committees
Examination of the Budget/Finance Act by Parliament
A state is a political association with effective dominion over a geographic area. It usually includes the set of institutions that claim the authority to make the rules that govern the people of the society in that territory, though its status as a state often depends in part on being recognized by a number of other states as having internal and external sovereignty over it. In sociology, the state is normally identified with these institutions: in Max Weber's influential definition, it is that organization that has a "monopoly on the legitimate use of physical force within a given territory," which may include the armed forces, civil service or state bureaucracy, courts and police.
According to the Article 7 of the Constitution of Islamic Republic of Pakistan ""the State" means the Federal Government, [Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess."
Country
In political geography and international politics a country is a geographical entity, a territory, most commonly associated with the notions of state or nation. In common usage, it is used casually in the sense of both "nation" (a cultural entity) and "state" (a political entity). Definitions may vary. It is sometimes used to refer to both states and some other political entities, while in some occasions it refers only to state. It is not uncommon for general information or statistical publications to adopt the wider definition for purposes such as illustration and comparison.
There are dozens of non-sovereign territories which constitute geographical countries, but are not sovereign states. Several states have overseas dependencies, with territory and citizenry separate from their own. They are sometimes listed together with states on lists of countries.
Nation
One of the most influential doctrines in history is that all humans are divided into groups called nations. It is an ethical and philosophical doctrine in itself, and is the starting point for the ideology of nationalism. A nation is not a state, and while traditionally monocultural, it may also be multicultural in its self-definition. The term nation is often used as a synonym for ethnic group (sometimes "ethnos"), but although ethnicity is now one of the most important aspects of cultural or social identity, people with the same ethnic origin may live in different nation-states and be treated as members of separate nations for that reason. National identity is often disputed, down to the level of the individual. Almost all nations are associated with a specific territory, the national homeland. Some live in a historical diaspora, that is, mainly outside the national homeland. A state which explicitly identifies as the homeland of a particular nation is a nation-state, and most modern states fall into this category, although there may be violent disputes about their legitimacy. Where territory is disputed between nations, the claims may be based on which nation lived there first. Especially in areas of historical European settlement (1500-1950), the term "First Nations" is used by groups which share an aboriginal culture, and seek official recognition or autonomy.
Legislation
Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body. The term may refer to a single law, or the collective body of enacted law, while "statute" is also used to refer to a single law. Before an item of legislation becomes law it may be known as a bill, which is typically also known as "legislation" while it remains under active consideration. In some jurisdictions, legislation must be confirmed by the executive branch of government before it enters into force as law. Under the Westminster system, an item of legislation is known as an Act of Parliament after enactment. Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed and enter into force is generally a matter of the legislative priorities of government. Those who have the formal power to create legislation are known as legislators, while the judicial branch of government may have the formal power to interpret legislation.
Executive
In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the "government", but this usage can be confusing in an international context. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to interpret them (role of the judiciary): in practice, this separation is rarely (if ever) absolute. The executive is identified by the Head of Government. In a presidential system, this person (the President) may also be the Head of State, whereas in a parliamentary system he or she is usually the leader of the largest party in the legislature as is most commonly termed the Prime Minister.
Judiciary
In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the disputes. The term is also used to refer collectively to the judges, magistrates and other adjudicators who form the core of a judiciary, as well as the support personnel who keep the system running smoothly. Under the doctrine of the separation of powers, the judiciary is the branch of government primarily responsible for interpreting the law.
Role of the Executive
The exact role of the executive depends on the constitution of the country. Not all of the following functions need be exercised by the central executive, particularly in federal countries: they may instead be exercised by local government. The main function of the Executive Branch is to do what it is instructed to do by Legislation produced by the Legislative Branch: the Executive Branch collects taxes and customs duties as instructed by the Legislative Branch and uses the money appropriated by the Legislative Branch to pay the salaries of government employees and other government expenditure. As instructed by the Legislative Branch; it assures the internal and external security of the state as by maintaining a police force and armed forces when instructed to do so by the Legislative Branch according to its rules. The Executive Branch acting by and with the advice and consent of the Legislative Branch is also responsible for executing the regulating legislation drafted by the Legislative Branch to guide the many sectors of the economy, notably
the Military
the labor force (e.g. by enforcing labor laws)
agriculture
transportation
energy provision
housing and construction (e.g. by issuing building permits)
commerce in general (e.g. by enforcing minimum standards, and notably by issuing a currency)
The Executive Branch may provide health and education services: regulating these areas as instructed by the Legislative Branch and operates nationalized industries, and promotes research and culture.
Relation to the legislature
While the legislature is responsible for approving the laws of a state, it does not usually, on its own, have the capacity to enforce them, notably in terms of employees and other infrastructure. The necessity to enforce a law if it is to be effective imposes a degree of cooperation between the legislature and the executive: the legislature may vote "free beer for all", but the executive would be in its role to ask "who pays the brewer?" In many countries the executive has the power to veto some or all types of legislation, or at least to delay their approval by insisting on a longer debate of the consequences. Under the Westminster system, the Prime Minister and other ministers are members of the legislature, and in other parliamentary systems the executive is usually headed by the party or parties which control a majority in the legislature. This gives the executive some control over the legislation, which is passed, but this control is rarely absolute in a democracy.
In general, the legislature has a supervisory role over the actions of the executive, and may replace the Head of Government and/or individual ministers by a vote of (no) confidence or a procedure of impeachment. On the other hand, a legislature which refuses to cooperate with the executive, for example by refusing to vote a budget or otherwise starving the executive of funds, may be dissolved by the Head of State, leading to new elections. The legislature usually delegates some legislative power to the executive, notably to issue regulations or executive orders which complete a piece of legislation with technical details or points which might change frequently (e.g. fees for government services). The executive may also have powers to issue legislation during a state of emergency.
Relation to the Judiciary
The Executive Branch acts by and with the advice and consent of the Legislation made by the Legislature and thus is subject to the Legislative Branch. (except in a dictatorship). The judiciary acts as a competent administrator to ensure compliance with the laws crafted by the Legislative Branch. The laws which apply specifically to the executive are known as administrative law, although this should not be taken to imply that the executive is exempt from other laws such as human rights or the rules of war. The Executive Branch may be challenged in court for failure to comply with the decisions of the Legislative Branch. The idea of judicial review: is that the competent administrators in the judiciary have the responsibility to review compliance with Legislation wherever there is a party claiming injury. The Legislature Branch has the responsibility to supervise the execution of its laws and the compliance of the judiciary and the Executive branch with them.
The Legislature makes decisions and the Judiciary and the Executive Branch enforce its decisions with the help of the forces funded by the Legislature to enforce its laws (e.g. police force, prison service). The Legislative Branch is responsible for providing funding for courthouses, establishing and paying the salaries of judges: The Executive Branch is responsible for getting them built and staffed as instructed. The competent administration of the judicial system is the responsibility of the justice minister, also referred to as the attorney general. The Legislative Branch makes laws and the Executive branch executes them as instructed. In the Department of Justice the Attorney General oversees the staff responsible for taking legal action in the public interest, for example enforcing Civil Rights, Public Safety, policing corporations, prosecuting them as any other criminal and protecting the interests of those who cannot defend themselves (e.g. children or the mentally handicapped). The authority to perform these functions is delegated by the legislature to be both the executive Branch and the judiciary as required. The executive is responsible for the day-to-day management after the Legislature decides to provide the necessary infrastructure and pay the necessary salaries.
Most countries have safeguards to protect the independence of the judiciary from the executive, such as the impossibility of the executive to dismiss a judge. Similar safeguards may apply to other categories of government employees, in order to allow them to conduct their functions without undue political pressure. In return, judges and government employees may be expected not to take part in active politics themselves. In the United States the Congress has all the power and the sole responsibility of removal by means of impeachment.
Prerequisites and Mechanisms
In Pakistan, the Executive is accountable by the Parliament. The different forms of accountability of Executive are as under:
The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.
The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
Vote of no confidence against Prime Minister.
Oral and written questions of parliamentarians.
Matters of public importance
Calling Attention Notice
Adjournment Motions
Committees
Examination of the Budget/Finance Act by Parliament
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