Government

Introduction

In a democratic government, the Constitution is defined in three parts of the executive, legislative and the judicial. The constitution established the roles to each branch such that each of the branches does check on the powers given to the other branch. In doing the checks, there is always the provision of the system of balance in the government thus describing as the system of checks and balances. At the same time, it is regarded as the separation of powers.

The checks and balances can get expressed in samples of the legislature making approvals of the presidential acts of appointments and as well investigate the executive branch. The same legislative does make approvals of the presideries choices of the judges and as well provide proposals of the constitutional amendments. Within the same line, the executive branch can check the judicial branch in a scenario such as the president making the appointments of all the federal judges who cannot get fired by the president. It is observed that the judiciary has the power of checking both the legislative and the executive and acts as the final to the operations of the executive and the legislative.

Conclusion

The interaction that is observed between the executive, judiciary and legislature clearly give an evidenced conclusion that the judiciary branch has more powers than the others. The executive branch seems to highly depend on the judiciary ruling and checks the legislative powers. The main legislature role of making the law is confined to the acts of creating laws that react to the ruling thus changing the future ruling. However, the judiciary branch takes to check both the legislative and executive by determining the laws defined as unconstitutional or constitutional. In such a practice, it is, therefore, realized that the judiciary ruling reflects the provisions of the legislature and extends towards checking the executive. It is only that the executive checks on the legislative while the legislative checks on the executive branch as well.

Bibliography

Vanberg, G. (2001). Legislative-judicial relations: A game-theoretic approach to constitutional review. American Journal of Political Science, 346-361.

The article establishes an imperfect information model that describes the interaction that is observed between the legislatures and the constitutional courts (judiciary). The article provides the model that well defines the legislative anticipation of the judiciary branch, the legislative branch reactions towards the judicial ruling and the impact of such reactions. The author aimed at presenting a simple prove of the relationship that is between the legislature and judiciary thus trying to eliminate the essence of measuring the most powerful branch. The article was important towards establishing the relationship that exists between the branches of the government.

Levitsky, S., & Way, L. (2002). The rise of competitive authoritarianism. Journal of Democracy, 13(2), 51-65.

The author gives the article a substantive title of elections without democracy and provides the examples all the way from the time of post cold war. In the discussion, the author aims at providing a leveraged understanding about the role that each branch of the government towards achieving democracy. They provide the rise of the competition of the authority that enroots within the government. The article is evidenced towards providing the rate at which the branches are competing. The article is useful in establishing the balance that exists between the government branches.

Stephenson, M. C. (2003). “When the devil turns…”: The political foundations of independent judicial review. The Journal of Legal Studies, 32(1), 59-89.

The author provides an understanding of how the foundation of a judiciary with powers can constrain the executive and the legislative branches towards forming the government as defined by the rule of law. The author simply shows how the judiciary looks powerful but again contradicts the claim over how the political power underpins the powers of the independent judiciary. The article gives the understanding of how the judiciary is given a hand towards possessing more power than the executive and legislature to ensure a stable government. The article was helpful by providing the necessary understanding of the judiciary branch independence and how it relates to the foundation and creation of a stable government.

Price, Z. S. (2014). Enforcement discretion and executive duty. 67 Vanderbilt Law Review 671, April 2014; UC Hastings Research Paper No. 83.

The author establishes an understanding of the constitutional structure and a better demonstration of the constitutional authority of enforcing discretion. He goes further to highlight the existing the challenges that are affecting the separation of powers. At this point, there is the draw of details about the link and interaction that exist between the branches of the government. The article provides an evidenced scenario on how the executive branch tends to force out the execution of the deliverable of the legislature and how the legislature and executive practices are under the favor of judiciary. The article was great towards provides the best understanding how the executive branch is critical and essential in a defined democratic separation of powers government.

Benwell, R., & Gay, O. (2011). The Separation of Powers. Parliament and Constitution Centre, House of Commons Library, 15.

The author comes up with the argument of separation of powers where they define the institutions of the government standing independent and brings out evict that each branch should not have powers that overdo the other functions. The article brings out the conclusion that for the better functioning of the government disciplines; each branch should undertake the functions within the defined context and provides an understanding of the roles that each branch should execute to defined scope. The article was useful towards measuring the system power according to the function delivery thus understanding which branch has more functional powers.

 

References

Benwell, R., & Gay, O. (2011). The Separation of Powers. Parliament and Constitution Centre, House of Commons Library, 15.

Levitsky, S., & Way, L. (2002). The rise of competitive authoritarianism. Journal of Democracy, 13(2), 51-65.

Price, Z. S. (2014). Enforcement discretion and executive duty. 67 Vanderbilt Law Review 671, April 2014; UC Hastings Research Paper No. 83.

Stephenson, M. C. (2003). “When the devil turns…”: The political foundations of independent judicial review. The Journal of Legal Studies, 32(1), 59-89.

Vanberg, G. (2001). Legislative-judicial relations: A game-theoretic approach to constitutional review. American Journal of Political Science, 346-361.

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