Question

(1) discuss how the three wings of the government,the judiciary,legislature and executive assist in maintaining a nation democratic what role does each play in relation to democracy?

(2)what is a democratic institution.

(3)what are the elements of a democratic institution?

Answer 1

1) The three wings of the government are the judiciary, legislature and executive. The judiciary is the system of courts that interprets and applies the law in a nation, state or an international community. Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from other branches of government or from private or partisan interests. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. The judiciary helps the common people to claim their rights and save the from injustice.

The roles of judiciary are;

• To give justice to the people.
• Interpretation and application of laws.
• Role in law-making
• Equity legislation.
• Protection of rights.
• Guardian of the constitution.
• Power to get its decisions and judgements enforced.
• Special role in a federation.
• Running of the judicial administration.
• Advisory functions.
• To conduct judicial inquiries.
• Miscellaneous functions

The second wing of the government is the legislature. A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process.

The roles of legislature are as follows:

• The first and foremost role of a legislature is to legislate that is , to make laws. Legislature transforms the demands of the people into authoritative laws/statutes.
• To deliberate upon matters of national importance, public issues, problems, and needs is an important role of a modern legislature.Through this function, the legislature reflects the public opinion over various issues.The debates held in the legislature have a great educative value for the the people.
• It holds the purse of the nation and controls the finances.No money can be spent or raised by the executive without the approval of the legislature.
• A modern legislature has the power to exercise the control over the executive.
• The legislature has the power to amend the constitution.
• Legislature also performs electoral functions.
• Legislature is assigned to act as a court of impeachment i.e. as an investigating court for trying high public officials on charges of treason, misdemeanor and high crimes and remove them from office.
• A legislature acts as the highest forum for ventilation of public grievances against the executive.
• Legislature is also assigned with specific executive tasks.

The third wing of the government is the executive.The executive branch is the organ exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces the law.The executive enforces the law as written by the legislature and interpreted by the judiciary.

The following are the roles of executive:

• The primary function of executive is to enforce laws and to maintain law and order in state.Whenever a breach of law takes place, it is the responsibility of the executive to plug the breach and bring the offenders to book.
• All major appointments are made by the chief executive
• It is the responsibility of the executive to decide as to which treaties are to be signed with which other countries.
• One of the key functions of the state is to defend and preserve the unity and integrity of the country and protect it in the event of an external aggression or war.It is the responsibility of the executive to undertake this work.
• In this age of ever increasing global interdependence , it has become one of the most important functions of a government to formulate the foreign policy of the state and to conduct foreign relations. This function is also performed by the executive.
• Modern welfare state has to carry out a large number of functions for securing the social-economic-cultural development of its people.It has to formulate policies, prepare short term and long term plans and implement these.It is the executive which undertakes the task of policy making and developmental planning.
• The executive also plays a role in law-making.
• The legislature has delegated some of its law making powers to the executive. Then the executive makes law based on these powers.
• The executive exercises a number of financial functions.
• The appointment of judges by the executive is regarded as the best method for ensuring the independence of judiciary.
• The executive has the power to grant titles and honours to the people in recognition of their meritorious services to the nation.

2)A democratic institution is an institution where decisions are made by majority votes. Sometimes a democratic institution has elected official who oversee or lead specific aspects and represent non-voting parties.This institution are also titled towards people's will and their welfare.

3)Democracy consists of 4 key elements :

• A political system for choosing and replacing the government through free and fair elections.
• The active participation of the people, as citizens,in politics and civic life.
• Protection of the human rights of all citizens.
• A rule of law , in which the laws and procedures apply equally to all citizens.