How is Executive controlled in the exercise of its powers and functions?

Answer Details

The executive is the organ of government that formulates and implements policies and administers the affairs of the state. Because it wields enormous powers, various controls exist to prevent it from becoming arbitrary or dictatorial. These controls include the following:

1. Control by the constitution: The powers of the executive are defined and limited by the constitution. Any act done beyond these powers (ultra vires) is invalid, and the doctrine of constitutionalism binds the executive to act only within the law.
2. Control by the legislature: The legislature checks the executive by making the laws it must implement, approving the budget and controlling public finance, questioning ministers, conducting investigations through committees, and (in a parliamentary system) passing a vote of no confidence. It may also impeach the president or reject his appointments and treaties.
3. Control by the judiciary: Through judicial review, the courts can declare the acts and orders of the executive null and void where they are unconstitutional or contrary to law. The courts protect citizens' rights against executive abuse.
4. The doctrine of separation of powers and checks and balances: By separating the executive from the legislature and judiciary and enabling each to check the others, the concentration of power in the executive is prevented.
5. Control by public opinion and the mass media: A free press, radio and public criticism expose executive misconduct and compel the executive to act responsibly and account to the people.
6. Control through periodic elections: The electorate can vote out an unpopular or oppressive executive at regular elections, making the executive answerable to the people.
7. Control by political parties and pressure groups: Opposition parties criticise and monitor government, while pressure groups and civil society organisations mobilise resistance to unpopular executive actions.
8. Internal administrative controls: Bodies such as the ombudsman (public complaints commission), the auditor-general, anti-corruption agencies and the civil service rules check administrative abuse and financial misconduct within the executive.
9. International control: International opinion, treaty obligations and bodies such as the AU, ECOWAS and the UN can restrain an executive that violates human rights or international law.