1) How can the independence of the judiciary be guaranteed in any democratic dispensation? 2. What is accountable to the declining influence of the legislature and the growth in the powers of the executive? 3. Name and explain the various types of the executive.

Question 1

Under the principle of separation of powers, judicial independence protects its members from coercive actions by the legislative and the executive branches of the government. An independent judiciary is able to make its decisions that uphold the rule of the law, which is a vital element in any constitutional democracy. The constitution ensures that the judges have lifetime appointments provided they satisfy the ethical and legal standards of their judicial office. Both the executive and legislative branches too are barred from punishing the judges by decreasing their salaries. In some countries, however, appoint judges for a specified time period, but during which they are protected from interference by other branches of the government until they vacate the office.

In other countries, judicial independence is promoted by the ability of the judiciary to check the legislature through judicial review. The power of judicial review is used to take action when the other branches fail to perform their functions effectively. The judiciary has the mandate to declare the laws made by the legislature unconstitutional.

Judicial independence can be protected from threats from the government, other branches of the government, and the private sector in a number of ways including limiting government discretion over judicial salaries, relieving judges of personal liability for acts performed while in the course of discharging their duties, and fixing the minimum jurisdiction the courts are required to possess.

Question 2

The powers of the legislature are in a constant decline, while the executive powers are are on the rise. The following reasons explain why the legislative powers are declining and the executive powers rising in the 21st century.

1.The concept of welfare state. The World War I, World War II, economic depression and and the complexities of the modern life have turned all states to welfare states. That is, the governments have resorted to providing basic economic security to individual and social welfare of its citizens. This means that the legislative power has to be limited as the executive branch assumes a multi-functional role.

2.Development of science and technology. Technological and scientific advancements have made the society more complex. Therefore, complex laws are required to tackle the current problems. The modern legislature is made up of amateur politicians with little or no knowledge of science and technology. Hence, the legislature makes laws in broader principles and delegates some of the legislative powers to the executive. In the end, the legislative powers will be weakened, while the executive powers will be strengthened.

3.Rigidity of the party system. The party whip increases on a daily basis. The rigidity in the present party discipline has greatly hindered the independence of the legislature's ordinary members, reducing the debate to a mechanical level. On the contrary, the party whip has favored the executive by strengthening it.

4.Delegated legislation. The present state has an ever increasing volume of legislation, while the present legislatures lack the time and technical competence to manage the increasing volume of legislation. In the end, the legislature only passes laws in broad outline while it delegates powers of adding more details to the executive. The executive has even significantly gained leadership in the matters of governmental operation.

5.Meeting emergencies and crisis situation. Current states are faced with increasing crises and emergencies. Only the executive branch is capable of tackling such situations thereby increasing their powers. The legislature, on the other hand, does not have core competency to tackle such situations hence the cause for their limiting powers.

Question 3

The executive comprises all government agencies concerned with executions of states will as expressed in terms of law. The executive runs day-to-day administrative functions in the government departments. The common types of executive include the nominal and real executive, single and plural executive, parliamentary and presidential executive, and hereditary and elective executive.

1.Nominal and real executive

Nominal executive refers to a person acting on the advice of someone, who has the constitutional powers to make actual decisions. Here the executive performs ceremonial functions. The real executive, on the other hand, comprises a council of ministers that advise the president, who is always constitutionally required to act in accordance with such advice.

2.Single and plural executive

Single executive means that all executive powers are vested in one head of the state, such as the President of USA. Plural executive, on the other hand, has its executive powers spread amongst a council of members, with the chairman exercising no additional powers.

3.Parliamentary and presidential executive

In a parliamentary executive, the cabinet is responsible to the legislature. However, in a presidential executive, the president is the head of state and has real executive powers. The president is not responsible to the parliament.

4.Hereditary and elective executive

Under a hereditary executive, the head of the state, who is in most cases the king, upon his death, passes powers to the son or a close kin. However, when the head of state is elected by the people or by the representatives, the system is called an elective executive.