3 SHENTON WAY The president can grant a presidential pardon to the imprisoned and convicted. As a result, legal security was one of the fundamental elements of the legal state, and according to this logic, legal certainty, as an element of legal security, represents an obligation on all authorities in the state in general, and the legislative authority in particular, as it is the competent authority to enact laws. Please Register here or Login here to contribute to this topic by commenting in the box below. Alfred Ajibola | Powered by, Please support Len Academy by becoming a sponsor, patron or by advert placement:   +2348038093033, Arms of Government: Functions of the Executive, Legislature and Judiciary, Contact Len Academy for a standard website at an affordable price, functions of the executive arm of government. Knowledge of the Legal Base and Easy Access to It. Why Did the Boston Tea Party Happen? D. Among the various parties, only one dominates the political landscape. Please support Len Academy by becoming a sponsor, patron or by advert placement: Facts on Abraham Lincoln and John Kennedy, One-party system explained with its advantages and disadvantages, What is Democracy? The United States president leads the executive branch, which also includes the president's advisors, the 15-member cabinet and all federal agencies. Students should fold the paper into thirds (like a brochure). Generally speaking, Congress makes our laws. ' it may be too great a temptation to human frailty, apt to grasp at power, for the same persons, who have the power of . The powers, functions and general procedures to be adopted by these arms of government are prescribed by the grundnorm operational within a state - The Constitution. This means that the effectiveness of legislative performance is determined by how the Legislative Council is elected and formed (Hajji, 2012), with the ultimate goal of benefiting individuals and society. Please read on pressure groups in Nigeria here. Guide students in a discussion to answer additional questions they have about the branches of government. Executive Power :-. Congress meets at the U.S. Capitol and is divided into two chambers: the House of Representatives and the Senate. The constitution gives power to the different organs of government; (that is, the executive, judiciary and legislature). Regardless of the nature of the ruling system, the basic constitutional institutions in any country's political system must play an important role in removing any obstacles that lead to disrupting the principle of legal security. All rights reserved. All other trademarks and copyrights are the property of their respective owners. This research paper addresses the issue of how to achieve legal security because it is an acquired right for all human beings and a basic requirement without discrimination, according to which the right to enjoy the benefits of legal security in all fields and at all levels, whether constitutional, criminal, civil, or administrative security and so on. Justices of the Supreme Court are appointed by the President and approved by Congress as a check and balance. Regarding the role of the executive branch in securing the protection of the principle of legal security, it is represented by proposing laws that are presented to Parliament for approval, which are introduced as Government bills. And to ensure the issuance of legislation in conformity with the Constitution, in a manner that guarantees the protection of rights and freedoms, from the negative and secondary affects that may result from legislation through the issuance of laws. It's helpful to remember that many original colonists came from England during a time of tyranny and dictatorship in that country. The first 3 chapters of the Constitution define 3 mostly separate groupsthe Parliament, the Executive and the Judiciaryand the roles they play in the governing of Australia. According to Zahawi (2015), the legislative drafting process is the general framework and integrated context, which includes the mechanism of action, organization, role distribution, and skills for dealing with the cases and facts presented to enact a clear legal text. Why Did the Boston Tea Party Happen? 39 of them signed it, and they later became known as the Founding Fathers. Generally, legal security can be defined as a process aimed at providing a state of stability in legal relations and status by issuing legislation in conformity with the constitution and compatible with the principles of international law, to attain confidence and reassurance among the parties to legal relations, so that legislation must not be characterized by surprises, turmoil, or excessive texts or retroactive laws and decisions (Assar, 2003). And work to build the rule of law, to which all persons are subject to equality. They bring about maintenance of law and order in a country through the National Security Agencies (NSA) like the police, army, navy and air force. This branch is responsible for enforcing the laws of the land. All other trademarks and copyrights are the property of their respective owners. Unfortunately, some Nigerian youths paid the ultimate price with their lives at the Lekki tollgate massacre. The legislative powers have been given to the parliament and there is no limitation on its powers. The judiciary performs this effective role through several principles, which are the principle of legitimacy, the independence of the judiciary, as the independence of the judiciary is an effective tool in achieving legal security, which directly contributes to protecting the rights of individuals, and everyone lives under comprehensive human security protected by the force of law, and no one, therefore, dares to encroach individuals right. To this end, they can summon a minister or even the president for questioning. Congress passes legislation, approves treaties, originates spending bills, impeaches federal officials, approves presidential nominations and appointments to federal positions, regulates trade and money and declares war. The principle of legal security also necessitates the establishment of a state of the law in which everyone is subject to the provisions of the legal rules in force in the state, regardless of their source or form, including the state's constitutional institutions, which apply equally to everyone and are governed within its framework by an independent judiciary, and in accordance with the rules and standards International Human Rights. 40 Bloomsbury Way Lower Ground Floor The White House is located in Washington and is the official residence and workplace of the U.S. President. The principle of legal security is a constitutional principle and finds its place in the constitutional texts and general principles, and among its forms is the principle of non-retroactivity of laws, the principle of respect for the rights acquired by individuals, the principle of the state not surprising individuals or clashing their expectations, and the principle of determining controls for the retroactive effect of judgments issued by the constitutional judiciary. Executive Functions of the Legislature: Although the legislature is a law making body yet it performs certain other functions as well. For instance, if a national election fails to follow the due processes of the law as stated in the constitution; (perhaps the election was rigged), the judiciary becomes the last resort for whichever political party or candidate had being rigged out. Image Courtesy: www.google.com Executive - The executive as the name suggests executes the laws and acts designed by legislature. Supreme Court justices are appointed by the President and approved by Congress. The Vice President does not impact the Senate as a non-voting member and can only vote in case of a tie. copyright 2003-2023 Study.com. In light of the foregoing, the existence of an entity that undertakes constitutional control of laws represents an important guarantee to protect the principle of legal security, because the purpose of this control is to prevent the law from violating the constitution or deviating from the use of legislative authority. They are the legislative branch, the executive branch and the judicial branch. The importance of the principle of non-retroactivity of laws is due to these two considerations, namely, respecting acquired rights and not violating them and ensuring the stability of transactions. The U.S. vice president serves as the head of the Senate but doesn't vote unless there is a tie. Article I of the United States Constitution created and empowered our legislative branch of government. The state leaders sought to form a powerful, yet fair federal government that protected individual liberties. Functions of the Executive: 1. The president (who is number one citizen of a country and the Commander-in-Chief of the Armed Forces) is the head of the executive arm of government. The most important of which is the clarity of the legal rules, the need for the addressees to cognize them easily, ensure the relative stability of these rules, and the stability of the legal positions of individuals. Therefore, protecting rights and freedoms and raising their status is not only by mentioning them in the body of the constitutional document, rather by stopping risks, and ensuring that the risks that afflict individuals in their legal positions or acquired rights have not occurred. (Think of bill as a proposal to be made into law; which will be submitted to the parliament in the form of a draft act). The United States Supreme Court heads our judicial branch. Traditionally there are three key functions accorded to the Union Parliament: Legislative Function To govern a country efficiently we need policies and laws. The essence of the principle of non-retroactivity of laws implies that it is only applied to the future that is a laws effect does not extend to include past affairs and cannot pass judgment on events that occurred prior to its implementation. The nominee goes before the Senate Judiciary Committee for approval and then onto the full Senate for a vote before that person may serve on the court. Legal certainty through clarity and accessibility to the law. Please read on the Fundamental Human Rights here. Learn about the three branches of government and checks and balances. Together, the two houses of Congress have various important powers. Justices may be impeached and removed for improper conduct, however. The executive branch interprets and executes the laws of the United States and proposes a federal budget. The United States president heads our executive branch. It is overseen by the President of the United States, head of state. For example, in India and America the Parliament and the Congress can remove the President by a process of Impeachment. (Think of 'bill' as a proposal to be made into law; which will be submitted to the parliament in the form of a draft act). Once students have finished, allow some students to share the questions they have. It campaigned in the interest of Nigerian youths, thus forcing the Nigerian government into scrapping the Special Anti-Robbery Squard (SARS) who had constantly brutalized Nigerians, especially the youths; through extortion, indiscriminate shootings, threats and other violent conducts. The judiciary has a prominent role in protecting the legal status of individuals and their acquired rights, whether through the ordinary or the constitutional judiciary, through appeals filed by individuals, due to sudden changes or amendments that threaten their rights. 26 chapters | Note: The executive arm of government may also make treaties with other nations; but such treaties must be ratified by the senate. The following are executive branch organizations and agencies: The judicial branch consists of the U.S. Supreme Court and the Federal Judicial Center. The executive cannot pass laws into the constitution. As you learn more about the branches of government, use this to chart add information about checks and balances, election information, salaries, etc. A state's population determines the number of representatives per state. The three branches are the legislative branch, the executive branch and the judicial branch. Instead, they can forward bills to the legislature (or parliament) which will deliberate upon it. They protect the rights of the citizens in a country. Correct answers: 3 question: Dividing the power between the legislative, executive, and judicial functions of government is the definition of which of the following principles of the U. S. Constitution? Enrolling in a course lets you earn progress by passing quizzes and exams. It is overseen by the President of the United States. With an acceptance rate of 30%, each of the journals of our affiliates is double blind, peer reviewed and some of the journals are listed in SCOPUS, SCIMAGO, Google Scholar, ProQuest, Cengage Gale, LexisNexis and several other academic databases and search engines. There are no more than 435 members of the House of Representatives. On September 17, 1787, the Constitutional Convention met at Independence Hall in Philadelphia and ratified the Constitution of the United States of America after three months of deliberation under the moderation of President George Washington. As you learn more about the branches of government, use this to chart add information about checks and balances, election information, salaries, etc. Contact Len Academy for a standard website at an affordable price. Each organ possesses different authority and different functions that lead to the smooth functioning of democracy. There is an existence of several parties differing in principles and fundamentals. In doing so, the power is balanced between all of the structures. It is based on several legal principles that must be abided by in any society that adhered to the rule of law. Legal stability as seen by (Hassan, 2003) indicates that the legal rules shall be certain and specific in their organization of legal status and that they guarantee the results so that everyone can expect these results and depend on them by working to achieve balance in the legal and social status within society. As a process or as an act of governing. But the Supreme Court's most significant power is that of judicial review. - Definition & Example, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses, Heather Heunermund, Ashley Dugger, Grace Pisano. Fifty-five representatives met over the course of four months in order to draft our United States Constitution. The President of the United States governs the executive branch, but the Vice President presides over the Senate as a non-voting member. It is overseen by the White House Chief of Staff and is the home of the White House Communications Office and the Press Secretary's Office. CLEP Introductory Business Law: Study Guide & Test Prep, What Is Constitutional Law? The Essential Components of the Principle of Legal Security. Accordingly, one of the most important principles of legal base clarity is the quality of drafting the legal rule "legislative quality," which does not allow for interpretations, jurisprudence as well as characterized by the lack of exaggeration or contradiction to legal texts. Designed by This website helped me pass! In order to balance this authority, the President's Cabinet appointments are approved by Congress. Secondary Resources in Historical Research, Legislative Branch of Government | Overview, Powers & Function. The framers drafted the Constitution to purposely divide governing powers between several administrative branches. Interestingly, he was only defeated once in his wrestling career. In order, they are Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, South Carolina, and Rhode Island. To ensure the government is effective and citizens' rights are protected, each branch has its own powers and responsibilities, including working with the other branches. Let's review. The justice system is one of the three branches of the state. As a matter of fact, it is an ancient principle that the Romans applied in many cases, even if they did not grant it as a general rule, and no one since then has contended about its relevance until it became a constitutional principle in the modern era. Once appointed, justices may serve for life. Through judicial review, the Supreme Court reviews federal legislation to determine if the laws passed by Congress are in keeping with the Constitution. Accordingly, the researchers propose some solutions for the obstacles that face its application. The framers instituted this system of government with hopes that it would last into 'remote futurity.' Its like a teacher waved a magic wand and did the work for me. This means that the legal powers are clear, effective, and not exposed to instability or surprises. The president approves the law into the constitution. However, these founding fathers of the United States needed time to establish its government. All rights reserved. Parliament of India Structure & Purpose | What is the Legislature of India? Because the goal of the judiciary is to protect legal security in its various branches, whether administrative or constitutional, the role of the judiciary in protecting the rights of individuals grants people confidence and reassurance. Thus administrative functions are those which are neither legislative nor judicial. The role of the legislative, executive, and judicial powers in protecting the principle of legal security. Generally, it can be said that legal security implies the purpose of the law, and its function is to secure the legal system, from all legislative imbalances that may arise, which calls for the enactment of legislation that must be specific in its rules and to avoid the issuance of troubling legislation, after the growth and emergence of the Battle of Bunker Hill Lesson for Kids: Facts & Summary, From the Magna Carta to the American Declaration of Independence, Crispus Attucks & the American Revolution: Lesson for Kids, Preamble to the Constitution Lesson for Kids, Primary vs. SHENTON HOUSE The Supreme Court decides cases on appeal from lower federal or state courts and cases involving a state-vs.-state or branch-vs.-branch. It is the basis for the functioning of the other two organs, the executive and the judiciary. The 3 branches of government are executive, judicial, and legislative. Where the legal certainty through clarity and accessibility to the law can be explained by the fact that Because the basis of legal clarity is incompatible with the concept of natural justice, it is fair and equitable that the law is clear, accurate, and simple to understand, and this principle is now one of the most important elements of legal certainty, through which the purpose of the legislation is fulfilled, and individuals are secure in their rights and subject to the obligations imposed on them. Each government department is responsible for the implementation of the laws and policies . Creative Commons Attribution 4.0 International License. The judicial branch upholds the Constitution and interprets federal laws and court cases. She is a professional member of the American Counseling Association as a licensed mental health counselor and is a lifetime member of Psy Chi, the International Honor Society in Psychology. The End Sars is considered a pressure group in Nigeria. They carry out investigations on various issues that concern public interest. Congress also approves treaties. Examples of Legislative function in a sentence. The framers of our Constitution purposely divided our government into three branches. The Vice President may also serve up to two, 4-year terms for a total of 8 years if reelected by the people of the United States. The judiciary is represented by the courts and has the function of resolving conflicts related to laws. The power to make and manage Australian law is divided between these 3 groups. These senators serve six-year terms. Generally, it can be said that legal security implies the purpose of the law, and its function is to secure the legal system, from all legislative imbalances that may arise, which calls for the enactment of legislation that must be specific in its rules and to avoid the issuance of troubling legislation, after the growth and emergence of the state of legal insecurity. The president approves the law into the constitution. Legal security has become a principle and a requirement in the legal system, as the legal foundation must be based on it. They protect the constitution of a nation. If a member of the Executive on any of the three levels of Government (Central, Provincial or Local) could sit in the Legislature simultaneously, with the right to make decisions, to vote, to serve in a committee of the legislature as a member or to organize the precedence of work in They also approve some of the members of the executive council. Please read on the Roles of Government in Agriculture here. To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. . The 3 branches of government are the executive, judicial, and legislative branches. They serve the following functions in a democratic society: They make law. the Senate hears the divorce cases. Below are some functions of the executive arm of government: They ensure the security of the citizens in a country. Separation of Power implies that they carry out their distinct (separate) functions and responsibilities in accordance to the nation's constitution. To achieve legal security in people's transactions and to be embodied on the ground, the matter necessitates the existence of a set of pillars and basic components that comprise the pillar of legal security which are as follows: 1. Branches of Government. It is also not illegal to publish in the official gazette if the legislation is already known to individuals. Get unlimited access to over 88,000 lessons. Create your account. Article I gives lawmaking authority to the legislative branch.