Are the three arms, in the presidential system of government, actually “co-equal” or they are supposed to have a symbiotic relationship, each with functions and powers distinct but interactive?
It is “separation of powers” which rotates on the fulcrum of “checks and balances”. Guess the aim or intention is shackle the tyranny of one over the other. An absolute Executive or Legislature or Judiciary is dangerous for democracy and good governance.
I empathize with the Executive over their alleged rancor that the draft 2020 Constitution has diminished the powers of the Executive vis a vis the Legislature or National Assembly…. it is understandable. We had a President in who the Executive powers were solely vested.
We had a Parliament that was subordinate to the Executive or rather surrendered its little power control to the Executive. It was at the beck and call of the Executive. We had separation of powers without checks and balances.
Unfortunately, the Judiciary that was supposed to check both the Executive and Legislative gradually became a willing accomplice to the excesses of Executive. What made the Executive so powerful was also because his political party was in full control of the Parliament and he was the Party as well…So the Executive had enjoyed unbridled powers and control over both the Legislature and the Judiciary.
To want to trim that power would definitely draw criticism and anger from the Executive, especially if we are shouting that the three organs of Government are “coequak”… Who wants to be a junior partner in relationship which is supposed to be symbiotic?
Why do we think that the Executive would want to play second fiddle to the Legislature when the Executive is directly elected by the whole country as one constituency and members of Parliament from a tiny constituency? May be this is what some of them have been telling the Executive…Just may be…
Without sounding sarcastic, I think Executive may have a legitimate but misplaced fear. What seems to be clouding the perception of the Executive is that the relationship between and amongst the three organs is all about “influence, power and control” and once that is ceded to any of the other two, the less influential and significant one would become. See how power and control and the love of them can blind us…. I think for me the thrust of the fear should focus on how the three organs check each other to avoid the tyranny of any organ over the others.
An absolute Executive will spell doom for our democracy. The whole concept of “separation of powers” was born out of that experience, reckless, mindless tyrannies of absolute monarchies in France and Great Britain of the time…. An emasculated Legislature is as well dangerous for democracy.
It would spell the subordination of the powers of the people to just one person, the Executive. When the voices of the people die in the Parliament, the mantra “sovereignty lies with the people” becomes moth eaten and meaningless.
When the Judiciary is also subordinate to both the Legislature and the Executive, the death knell of democracy is sounded. So for better democracy which promotes and is anchored on accountability, responsibility and good governance, it is better that the powers of the Executive are trimmed or checked by Legislature; that the Executive is accountable in greater measure to the Legislature….It is even greater that the Judiciary has greater powers to check the excesses of both the Legislature and the Executive…. This is important because the Judiciary must remain the last bastion of hope for the people for they can be betrayed by both the Legislature and the Executive.
Imagine an instance where the Party of the President, the Executive, also controls the Legislature. He or she may be able to ride roughshod. It would be like “from the frying pan into the fire”. An independent, powerful Judiciary would be the saviour.
….Baffling though is rancor from the Cabinet. I though what it should have been concerned with is what “security of tenure” is given to it in the draft Constitution vis a vis the powers of the Executive.
The President, in who the Executive powers are solely vested, is not a primus inter pares or “first amongst equals” in the Cabinet. In our current Constitution, the President is the employer and boss and can hire and fire any Minister, and owes no one an explanation for the reason of the hiring or firing. Imagine being in an employment you have subject to the pleasure of just one person….
To be concerned about the diminished powers of the Executive under the draft Constitution is to not appreciate the dangers of creating a Frankenstein monster. We had one which ended up devouring all of us; one who drove a a giant horse and chariot through our Constitution.
I rather have a Parliament which can control Executive excesses than one which is emasculated. Executive absolutism is the worst form of tyranny.
