The Legislative Acts as a Check on the Executive
I am going to look at the main role of both the executive and the
legislature. The above statement does not give a clear insight to what
checks and balances are in place today. Policies have changed since
parliament came into being and this essay will examine how and to what
extent this statement is true. The executive is the administrative
branch of the government; it makes laws through the means of delegated
legislation and drafts bills. The legislature on the other hand enacts
the law but the line between the two powers is somewhat blurred.
The overlap of powers allows parliament to make any change it wishes
by Act of Parliament and helps to ensure against arbitrary exercise of
power. There is almost complete separation of powers in the USAwhere
governmental intransigence in controversial matters is a much bigger
problem than it is in the United Kingdom (here the judges can indulge
in greater law making activities if necessary.). There is little
executive - legislature separation in the UK but much legislature -
executive/judiciary separation. The concept of the separation of
powers was first discussed by two men after observing the British
system; Charles Montesquieu and John Locke.
John Locke wrote in his book 'Second treatise of Civil Government':
"It may be to great a temptation to human frailty, apt to grasp at
power, for the same persons who have the power of making laws, to have
also in their hands the power to execute them, whereby they may exempt
themselves from obedience to the laws they make and suit the law, both
in its making and execution, to their own private adv...
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... ministers are members of both powers, the two institutions are
distinct from each other. The process of legislation is different from
the day to day running that the executive carries out.
The power of the executive has grown and checks are in place to
prevent abuse of this power. The question is: are they strong enough?
I believe and the evidence above backs me up that there are a wide
extent of checks and balances but the executive still has an awful lot
of power but the legislature has got its priorities right with
starting to check on it. It is important for the legislature to keep
checking on the executive so that control is maintained and it does
not slip in to more of a dictatorship role. In conclusion therefore
the legislature does act as a check on the executive but it also has
other functions to carryout.
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