The three main powers that the State possesses are: to legislate, administer justice and execute the different public policies. That is why it can be said that a State is divided into three basic powers: legislature , judiciary and executive. Executive power definition
The Executive Power guarantees that the laws that are developed through the legislative power and that are administered taking into account the judicial power are complied with.
Definition of Executive Branch
The Executive Power is in charge of carrying out the daily management of the State . While the legislative power repeals or approves laws and the judiciary interprets, invalidates or enforces them. When the concept refers to the faculty of the State in general, it is written using only lower case letters, even in the initials. But, when it refers to the organ as such of the state that is exercising this power, the initials must be placed in capital letters.
In nations that are considered democratic, the Executive Power is considered the administrator and executor of the popular will whom it represents and of which it must be the best guarantor. It is responsible for the day-to-day management of the State, creates and executes global policies according to the laws that must be applied. He also represents the nation in diplomatic affairs, supports the armed forces, and can advise on legislation.
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Who presides over the Executive Power
When the State is democratic, the Executive Power falls on the officials chosen by popular vote . The election gives the population the freedom to choose those who should act as representatives when making decisions that relate to society in general. Executive power definition
Depending on the political system in question, those who head the executive branch are: a president , a prime minister or a Head of Government . The president can elect ministers and secretaries, who act in a specific area. They take care of everything related to health, economy, health, tourism, etc.
Functions of the Executive Power
The Executive Power works interdependently with the other powers, Legislative and Judicial. It is not possible for one power to pass over another, the three must act in a coordinated manner at the expense of what the Constitution of each country supports. The functions of the Executive Branch can be divided into three facets: regulatory, political and administrative.
- Regulatory: It is a set of tasks that must be developed through rules and rights.
- Policy: It consists of attracting citizens who allow them to satisfy their own interests in an adequate way. Therefore, it is necessary to take measures that arise according to the needs, without being developed by the previous laws and regulations. This facet can include commercial exchanges with countries, the appointment of ministers, approval or not of international treaties, etc.
- Administrative: This section includes the work carried out in the different ministries and the rest of the bodies, including State companies. They also cover the tasks carried out by governments, delegations, state secretaries or municipalities. Executive power definition
Characteristics of the Executive Branch
- The Executive Branch is usually characterized by being of a single-person nature .
- Whoever occupies the Executive Power becomes the Head of Government , that is, the representative, visible and most important figure of this power. It is in charge of leading the country and deciding the policies to be adopted.
- If the country has a presidential political system, the Head of Government is also considered the Head of State . He is the one who represents the country in front of the international community. Executive power definition
- In the case of parliamentary systems , this position is occupied by the leader of the party that has the greatest representation in the legislative power and is known as the prime minister. For example, in the Republic of Ireland he is called the Taoiseach, in Germany and Austria he is known as the Federal Chancellor.
- In other countries, such as France, executive power is divided between the president and the prime minister . This system has become common in many former French colonies.
- The head of government is assisted by a group of ministers . They have specific responsibilities that focus on a specific field of action. These fields can be: education, health, foreign affairs, etc.
- Other civil servants or civil servants also help the Head of Government to attend his functions.
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Administrative and legislative powers
Some experts in the field give the Executive Branch the name of Administrative Branch . This last denomination describes very well the functions that this power allows. This legal position not only allows the execution of norms and rules, but also implies administering other kinds of decrees , regulations and instructions. Executive power definition
Even in certain jurisdictions, legislative powers are usually delegated to whoever holds the presidential executive position. This power that the president or prime minister sometimes possesses should not be confused with the administrative authority, which under constitutional mandate offers such powers. This ambiguity can bring legal inconveniences or confusion about what each authority is allowed to do. This dilemma is usually the argument to justify the presence of Constitutional Courts.
Requirements and duration
In general, in countries with democratic systems, the position of the representative of the Executive Power is chosen in a popular way through the vote . The rules governing the way of voting and the conditions to win them are different for each country. As a general rule, the position of president or related positions must be filled by individuals who were born in the national territory or having been born abroad, are children of native citizens. Executive power definition
The duration of the representative of the Executive Power changes from one nation to another . It is the Constitution of each country that establishes the number of years that those who have been elected by popular vote may hold this position and whether it is possible to opt for re-election. Executive power definition