The Executive & Judiciary Arm of Government – SS1 Government Lesson Note (Second Term)

The executive is the arm of government that carries out laws and policies and runs the day-to-day administration of the country. The judiciary is the arm made up of the courts and judges. It interprets the laws and applies them to individual cases.

Behavioural objectives

By the end of the lesson, students should be able to:

1. explain the meaning of the executive and name those who belong to it;
2. state the functions of the executive;
3. describe the three types of executive, with examples;
4. explain the meaning and functions of the judiciary;
5. explain the independence of the judiciary and the ways of guaranteeing it.

What is the executive?

The executive is the organ of government responsible for implementing government policies and for the day-to-day administration of the country.

• Other name: it is also called the administration.
• Cabinet: this is the top group of ministers that advises the head of the executive on policy.
• Main task: it puts into effect the laws made by the legislature.

Who belong to the executive?

• President or prime minister: the head of the executive at the national level.
• Governors: the heads of the executive in the states.
• Ministers or commissioners: they head ministries and advise the chief executive.
• Civil service: permanent staff who carry out government work, such as permanent secretaries and clerks.
• Armed forces: the army, navy and air force.
• Police: the body that keeps law and order.

What are the two groups within the executive?

The executive has two groups: the political executive and the permanent executive.

• Political executive: elected or appointed officers who change with elections, such as the president, governors and ministers.
• Permanent executive: the civil servants who stay in office whichever party is in power.

What are the functions of the executive?

The functions of the executive are to implement laws, run the administration and protect the country.

1. Implementation of laws: it carries out the laws made by the legislature. This is its primary function.
2. Appointment of top officials: the president appoints ministers, ambassadors, high commissioners and other officials, with legislative endorsement.
3. Giving assent to bills: bills passed by the legislature need the assent of the president to become law.
4. Preparation of the budget: it prepares the annual budget and presents it to the legislature for approval.
5. Maintenance of law and order: the police and other law enforcement agencies protect lives and property.
6. Provision of social amenities: these include good roads, schools, hospitals and electricity.
7. Recommending policy: it sends bills to the legislature to propose government programmes and policies.
8. Foreign relations: it represents the country abroad through ambassadors and signs agreements with other states.
9. Declaration of war: it can declare war and make peace. In Nigeria, the National Assembly must approve a declaration of war.
10. Defence of the country: the armed forces protect the nation against external aggression.

What are the types of executive?

There are three types of executive: single (presidential), dual (parliamentary) and collegiate.

Single executive (presidential executive)

• Meaning: all executive powers are vested in one person, the president.
• Roles of the president: head of state, head of government and commander-in-chief of the armed forces.
• Examples: the USA, Nigeria, Brazil, Chile and Tanzania.

Dual executive (parliamentary executive)

• Meaning: one person is the head of state and another is the head of government.
• Head of state: a monarch or a ceremonial president.
• Head of government: usually the prime minister.
• Examples: Belgium, Italy, Sweden, and Nigeria in the First Republic.

Collegiate executive

• Meaning: several people form a council and share executive power.
• Leadership: members take turns to chair the council and lead the government.
• Example: Switzerland, where the Federal Council of seven members rules together.

How does a single executive differ from a dual executive?

The table compares the two types of executive.

What is the judiciary?

The judiciary is the third organ of government, made up of the courts and judges, which interprets laws and applies them to individual cases.

• Meaning: it refers to the system of courts and judges in a country.
• Main task: it explains what the law means and decides who has broken it.

What are the courts in Nigeria?

The Nigerian court system is headed by the Supreme Court, which is the final court.

What are the functions of the judiciary?

The functions of the judiciary are to interpret laws, settle disputes and protect the rights of citizens.

1. Interpretation of law: the courts interpret the laws of the state and apply them to individual cases.
2. Judicial review: the courts decide whether laws and executive decisions agree with the constitution.
3. Settlement of disputes: the courts settle disputes between individuals or groups, between individuals and political institutions, and between political institutions.
4. Punishment of offenders: the courts punish those who break the laws of the land.
5. Contribution to law making: when judges interpret laws and use judicial review, their decisions help to shape the law.
6. Protection of individual rights: the judiciary is often called the last hope of the common man. Citizens whose rights are violated seek redress in court.
7. Prevention of wrongful acts: the judiciary acts as a watchdog on the other organs. It corrects legislative and executive excesses brought before it.

What is the independence of the judiciary?

Independence of the judiciary is the ability of the courts to do their work without undue influence from other organs of government.

• Why it matters: the judiciary can only be a fair arbiter and protect rights if it is free from outside control.

How can the independence of the judiciary be guaranteed?

1. Appointment of judges by an independent body: a chief executive who appoints judges alone may choose people loyal to him.
2. Tenure of office: judges hold office for a fixed period and are removed only for serious reasons such as misconduct.
3. Promotion of judges: an independent body decides promotion, so it stays outside politics.
4. Immunity of judges: judges are free from criminal and civil prosecution for what they do in the course of their duties.
5. Political neutrality: judges must not take part in partisan politics.
6. Remuneration: salaries and allowances are paid from a consolidated fund, so the executive cannot use pay to influence judges.
7. Extra security: judges are protected in and outside the courts so that nobody can intimidate them.

Evaluation

1. What is the executive? Name four bodies or office holders that belong to it.
2. State five functions of the executive.
3. Differentiate between a single executive and a dual executive.
4. What is judicial review?
5. List four ways of guaranteeing the independence of the judiciary.

Assignment

State six functions of the judiciary as an organ of government, and explain in two sentences why the executive organ is important.