The Executive Power

Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the self-perpetuation of the executive branch. Since constitutions usually concentrate on the position and powers of the chief executive, they feed the mistaken impression that the executive branch is synonymous with the will of a single president or prime minister. In reality, executive power in a modern regulatory state is not a one-man show. The chapter provides an overview of where the executive branch comes from before discussing the origins and scope of presidential power. It then considers the role of cabinets, councils, and prime ministers in parliamentary systems, along with the confidence mechanism that serves as the lifeline between the legislature and the executive (cabinet). It also explores the responsibility and accountability of the executive branch, and considers measures aimed at limiting the powers of the executive within the constitutional framework.

Author(s):  
Andrew Rudalevige

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.


Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King

As the nation’s chief executive, Donald Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie face-off. On one side was the specter of a “Deep State” conspiracy – administrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of “the unitary executive” gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out and wrestled to light basic issues of governance long suppressed. Though this conflict reached a fever pitch during the Trump presidency, it is not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull American government apart.


2019 ◽  
Vol 11 (2) ◽  
pp. 204-230 ◽  
Author(s):  
Silvia Borzutzky

This article analyses and compares President Bachelet’s successful efforts to reform the Chilean pension system in 2008 and her failure to achieve the same objective in 2017. The article addresses the impact of electoral promises, policy legacies, policy ideology, presidential power, the role of the private sector, and the role that the government coalitions had in the process of pension reform during the Bachelet administrations. We argue that the 2008 reform was possible because of Bachelet’s personal commitment to reform and the presence of a stable governing coalition that had the will and capacity to legislate. In the second administration, although the policy legacies and ideology had remained the same, the reform did not materialise due to intense conflict within the administration and within the government coalition, as well as conflict between the administration and the coalition. These conflicts, in turn, generated a vicious cycle responsible for Bachelet’s declining popularity, limited political capital, and reduced support for reform. A stagnant economy further undermined these efforts. In brief, this article argues that when assessing success and failure in pension policy reform it is important to analyse not only policy legacies and political ideology but also the strength of the executive, the cohesion of the governing coalition, and the country’s economic performance.


Author(s):  
Michelangelo Vercesi

This chapter deals with the internal decision-making process of political executives in parliamentary systems, that is, how executives take their own collective decisions. The focus is on the cabinet system as a whole, including both cabinet members and other involved party-political and bureaucratic actors. In particular, the chapter reviews literature’s debates about the nature of cabinet government, the role of prime ministers, and variations of decision-making. A special attention is payed to factors explaining intra-cabinet power distribution and the choice of different decision-making arenas. After introducing the topic, an overview of conceptual issues and main research questions is provided. Subsequently, the work discusses the way in which scholars have addressed these issues and the findings they have reached. The final part stresses existing deficits and seeks to set the agenda for future research.


Author(s):  
Tomohito Shinoda

Long into the postwar period, the policymaking power of the Japanese prime minister was limited. The cabinet’s collective responsibility did not allow him to control the executive branch independently from the cabinet. The Cabinet Law divided the executive power among cabinet ministers, allowing the sectionalism that developed among different ministries. As a result, a bureaucratic supremacy developed in the policymaking process. The long-time governing party, the Liberal Democratic Party (LDP), also developed a decentralized, bottom-up policymaking structure. As a result, the prime minister had difficulty exercising strong leadership in government decision-making. This situation changed after the 1994 electoral reform, which encouraged Diet members to become policy generalists and weakened the influence of the LDP policy subcommittees. Further, the administrative reform efforts under the Ryūtarō Hashimoto cabinet strengthened the authority of the prime minister and his cabinet. Benefiting from these institutional changes, Prime Minister Junichiro Koizumi introduced a top-down policymaking process. The Democratic Party of Japan (DPJ) governments in 2009–2012 tried to further strengthen political leadership in policymaking. However, instead of political leadership, they created a weak bureaucracy with lowered moral. During the second Shinzō Abe government, the prime minister successfully established the cabinet-led policymaking system.


Author(s):  
Julian E. Zelizer

This chapter examines how conservatives have come to embrace presidential power after an initial wariness. Before the 1970s, there were some conservative activists skeptical of—if not downright hostile toward—presidential power. A key turning point was the 1970s, when many conservatives believed that the congressional reforms that were passed in the aftermath of Watergate weakened the power of the executive branch and were a symbol of what went wrong as a result of the 1960s. The chapter first considers how the conservatives began to accept presidential power during the presidency of Richard Nixon between 1969 and 1974 before discussing congressional reforms in the area of national security. It also discusses the use of executive power under Ronald Reagan, who strengthened the marriage between American conservatism and presidential power; Bill Clinton; and George W. Bush, who expanded presidential power in his war on terrorism.


1950 ◽  
Vol 44 (4) ◽  
pp. 904-915 ◽  
Author(s):  
Lester G. Seligman

It is a lesser question for the partisans of democracy to find means of governing the people than to get the people to choose the men most capable of governing.Alexis de Tocqueville, in a letter to John Stuart Mill.Politics by leadership is one of the distinguishing features of the twentieth century. If the eighteenth century enunciated popular sovereignty and direct democracy as a major theme in democratic thought and the nineteenth century was concerned with the challenge of stratification and group conflict, then twentieth century trends have made us sensitive to the role of leadership. The search for the values of security and equality have led to changes in the character of politics. If one were to delineate this newer pattern of a politics by leadership, it would include the following: (1) the shift in the center of conflict resolution and initiative from parliamentary bodies and economic institutions to executive leadership; (2) the proliferation of the immediate office of the chief executive from its cabinet-restricted status to a collectivity of co-adjuting instrumentalities; (3) the tendency toward increased centralization of political parties, with the subordination of the victorious parties as instruments for the chief executive; (4) the calculated manipulation of irrationalities by political leadership through the vast power-potential of mass communications; (5) the displacement of the amateur by the professional politician and civil servant; (6) the growth of bureaucracy as a source and technique of executive power but also as a fulcrum which all contestants for power attempt to employ; (7) the growth of interest groups in size, number and influence, with the tendency toward bureaucratization of their internal structure; (8) the changing role of the public that finds its effective voice in a direct and an interactive relation with the chief executive.


2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nayli Suroya

This article explains the development of the French government system and the division of executive power between President de la République and Premier Ministre after the change from the fourth constitution to the fifth constitution of the republic. This research applies a qualitative research methodology using a historical approach. The results of this study show that France is one of four countries implementing a mixed government system. The President and the Prime Minister, who are the executive authorities, should both lead the country. The role of the President and the Prime Minister may seem similar, but it is not the same. The President has the authority to elect the Prime Minister. Based on article 8 of the fifth constitution, the President has the right to elect and appoint the Prime Minister and terminate him/her if the concerned person declares his/her resignation from his/her government.


Author(s):  
Jacek Wojnicki

The Constitution of Montenegro describes the state as a "civic, democratic, ecological state of social justice, based on the reign of Law." Montenegro is an independent and sovereign republic that proclaimed its new constitution on 22th October 2007. The President of Montenegro (Montenegrin: Predsjednik Crne Gore) is the head of state, elected for a period of five years through direct elections. The President represents the republic abroad, promulgates law by ordinance, calls elections for the Parliament, proposes candidates for Prime Minister, president and justices of the Constitutional Court to the Parliament. The President also proposes the calling of a referendum to Parliament, grants amnesty for criminal offences prescribed by the national law, confers decoration and awards and performs other constitutional duties and is a member of the Supreme Defence Council. The official residence of the President is in Cetinje. The Government of Montenegro (Montenegrin: Vlada Crne Gore) is the executive branch of government authority of Montenegro. The government is headed by the Prime Minister, and consists both of the deputy prime ministers as well as ministers. The Parliament of Montenegro (Montenegrin: Skupština Crne Gore) is a unicameral legislative body. It passes laws, ratifies treaties, appoints the Prime Minister, ministers, and justices of all courts, adopts the budget and performs other duties as established by the Constitution. Parliament can pass a vote of no-confidence on the Government by a simple majority. One representative is elected per 6,000 voters. The present parliament contains 81 seats, with a 47-seat majority currently held by the Coalition for a European Montenegro as a result of the 2009 parliamentary election


2018 ◽  
pp. 65-78
Author(s):  
Jarosław SZYMANEK

The paper attempts to address the question of whether the prime ministerial system has already emerged as a separate system of governance that differs from classical systems, and whether it can no longer be treated as a certain sub-class in an extensive range of parliamentary systems, but rather as a new type of system in its own right. The principal issue appears to be whether the inherent properties of the prime ministerial variety of governance are sufficiently distinct, significant and different from the parliamentary system, however broadly understood, to give the former a status of a separate governance system from the methodological point of view. It should be observed that the contemporary British system, which serves as a foundation for our deliberations on the prime ministerial form of governance, has deviated from the classical or typical parliamentary system far enough to actually take the direction of a separate system of governance, namely prime ministerial governance. Firstly, this is evidenced by the removal of the monarch from the political system and establishing executive power as a virtually one-element entity concentrated in the Cabinet, and embodied by its leader. Secondly, the figure of Prime Minister is highly emphasized as he is elected ‘under the guise of common elections’ and he successfully monopolizes the work of his entire Cabinet, becoming a certain ‘trademark’ of this Cabinet, which is well supported by the principle of joint accountability of all Cabinet members, a principle that is exceptionally strictly and consistently implemented in the British system. The ongoing politological processes that tend to presidentialize and personalize politics are only accelerating these changes and making them even more apparent. The consequence in Britain is that it is the Prime Minister who accrues the power to govern and he by no means falls under the principle of classical parliamentary systems, where the government leader is only “the first among equals”. Thirdly, the House of Commons has practically lost its controlling power over the Cabinet, as primarily evidenced in the absence of a vote of no confidence, which would serve as a tool of political accountability of executive power before the legislative, the essence of any form of parliamentary governance. Fourthly, in a highly specific, deeply endemic party system which entails that various links between government and parliament typical of the parliamentary style of democracy are de facto transferred onto the internal party stage, this to an extent also explains the relevance of the division between government and opposition, a division which is neither as clear, nor as far-reaching as in the case of other parliamentary systems. All this allows us to conclude that the British system is sufficiently different to be deemed new in comparison to a typical or classical parliamentary system. The transformations that have taken place there have gone far beyond the proper, or classical, model of parliamentary governance thus forming not only a sub-class, but a separate type (or model) of governance.


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