Government

Conduct of Foreign Relations
The Executive is charged with conducting foreign relations with other states. It grants or withholds recognition of the government of a foreign state.

The Judiciary
The liberty of individuals depends upon the fairness of the courts, which must ensure justice and protection from abuse.
The Judiciary is responsible for interpreting the law.

Law
Law is a body of rules emanating from the government and enforceable by the courts.

Classification of Law by Source

1. Constitutional Law: A body of fundamental rules.
2. Statutory Law: Consists of all the rules enacted by the legislature that command or prohibit certain behaviors.
3. Administrative Law: Rules and regulations set within specific limits.
4. Common Law: Old rules based on customs and traditions.
5. Equity Law: Governs matters such as the administration of trusts, mortgages, and other financial obligations.

Classification of Law by Subject Matter

1. Criminal Law:
   • Deals with crimes, which are wrongs committed against the whole community.
2. Civil Law:
   • Deals with wrongs committed by one private individual against another that are not considered harmful to the entire community.

Principles of Separation of Powers
Separation of powers involves balancing authority among different branches so that no single power center can act without cooperation from the others, ensuring mutual checks.
This concept was introduced by the French philosopher Baron de Montesquieu.
Keeping the three institutions—Legislative, Executive, and Judiciary—separate and balanced helps prevent the abuse of power.

Powers of the Legislature

• Holds the basic power of the purse and determines the nature and amount of taxes and appropriations.
• Supervises administrative authorities (administrative control).
• Conducts investigations (investigative functions).
• Collects information necessary for new legislation (information functions).

The Executive Body
The Executive is a branch of government that enforces the law and implements the will of the state.
Officials are elected or appointed for limited terms to oversee the making and execution of government policies.

Two Distinct Roles of Executive Officials

1. As Chief of State: Acts as the government’s formal head and spokesperson.
2. As Head of Government: Leads and supervises officials and agencies in enforcing government policies.

Types of Executives

1. Titular and Real Executives:
   • Titular heads of state serve as emblems of national unity and perform ceremonial functions.
   • Real executives are responsible for solving governmental problems.
2. Single and Collegial Executives:
   • A single executive can make decisions and pursue policies energetically.
   • A collegial executive shares leadership responsibilities among several individuals.

Powers and Functions of the Executive Body
These powers are derived from the constitution:

1. Enforcement Functions: Enforcing all laws and court decisions.
2. Formulation and Execution of Administrative Policy: Includes sub-legislative powers and issuing regulations.
3. Control of Military Forces: Determines how and where troops, warplanes, and ships are used during peace and war.

Exclusive Powers of the Federal Authority

• Defense
• Foreign Affairs
• Printing and circulating money
• Enacting constitutional and statutory laws
• Maintaining the constitutional system

Concurrent Powers (Shared Powers)

• Social sectors
• Planning
• Transport and communication
• Internal security
• Agriculture, industry, trade, and tourism
• Finance and justice

Advantages of Federal Systems

• Essential for large states
• Combines national unity with local autonomy and self-government
• Maintains balance between centrifugal (divisive) and centripetal (integrating) forces
• Stimulates local initiative to solve local problems

Disadvantages

• Duplicates activities and services, increasing costs
• Leads to conflicts of jurisdiction between national and local authorities

Confederation
A confederation is a voluntary association of independent states, formed for common advantages without affecting internal freedom, law-making, or external relations.
Objectives may include:

• External security
• Economic development
• Cultural unity
• Cooperative services

Historical examples: USA, Germany, and Switzerland were confederations.
Modern examples include the Commonwealth of Nations, NATO, COMESA, and ECOWAS.

Government
Government is the system that controls and administers a country.
It is the main body responsible for national affairs and is the administrative arm of the state.