TOPIC 2
THE EXECUTIVE
Prepared By;
Miss Junaida Hj Ismail
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Learning objectives;
Upon completing this topic students should
be able to:
• Elaborate on the term executive
• Discuss on the classification of executive
• Identify methods in choosing the
executive
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2.1 Introduction and Classification
2.1.1 Definition
• Is a branch of government responsible for executing and enforcing or
put into effects, the laws legislated by the legislative body.
• The term is wide because it consists of people being in charge of the execution
of policies of the state, and being in charge of the determination of the general rules.
• In the wider sense – it means all government officials except those acting in
legislative and judicial capacity.
• In the narrow sense – the executive means only the head of government,
the chief executive head of state and members of the cabinet (council of
ministers)
• The civil servants such as the secretaries, police officers etc who execute
the laws and orders and carry on administration in details are the nonpolitical or permanent executive.
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2.1.2 Classifications of the executive
•
Several classifications have been made to explain the types of executive
such as the following:
i. Real vs Nominal
– the distinction is between the head of the government and the head
of the State
– the administrative / political duties and the ceremonial duties
In the Parliamentary System
– the roles are separated between the Prime Minister and the Monarchs
or the (appointed / elected) Presidents e.g. India
In the Presidential System
– the roles (ceremonial and political responsibilities) are played by the
same person e.g. the President of the U.S.A
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Classifications of the executive – cont’d
ii. Single vs Plural
A Single Executive
• Occurs in a situation where a single person can, in the last resort, exercise
a decisive and final authority.
• Absolute monarchy and dictatorship are typical examples of a single
executive.
Plural Executive
• Occurs when there is a collective responsibilities between the Cabinet
and the Civil Service
• The Cabinet is a policy formulating body
• The Civil Service (the administrative departments of government) is
executing and enforcing the laws and orders
• Both are responsible to the Parliament, they all act under the leadership
of the Prime Minister e.g. Malaysia, Switzerland
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2.2 Methods in Choosing the Executive
In practice there are five different methods of choosing the head of the
State namely;
i. Hereditary principle – is associated with monarchical
government
– the term of office us for life
– the succession goes from father to a
son
ii. Direct popular election
– the choice of the Chief Executive id
by the direct vote of the people
– it shows the principle of popular
sovereignty e.g. the Governors of the
constituents of the USA, the local
executives of the Swiss Cantons
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Methods in Choosing the Executive (cont’d)
iii. Indirect election – is a method where the Chief Executive is
elected by an electoral college elected by
the people.
– In theory, the election of the President of
USA by electoral college in which every
State has many representatives as it has
in both the Houses of Congress
– But, In the USA the scheme of indirect
election of the has become in reality a
system of direct election.
iv. Election by the Legislature
– it is another type of indirect election
– the idea is selection should be made by
those who are best qualified to exercise
their judgment in public affairs e.g. the
President of India, the Federal Executive
Council in Switzerland
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Methods in Choosing the Executive (cont’d)
v. Nominated Executive – this type of executive exists in
dependencies of some great
powers.
– e.g. the Governor-General of India
during the British rule, the GovernorGeneral of Canada and Australia by
the Queen of England, the GovernorGeneral of Korea by the Emperor of
Japan
Homework : Explain the advantage and disadvantages of each
method of choosing the Executive.
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2.3 Functions of the Executive
•
•
•
•
The basic function is to enforce the will of the state as expressed by the
legislature, and to carry out the decisions of the courts (judicial bodies).
In the modern states, the functions of the executive is complex
The most fundamental functions are those which relate to the essential
activities of daily administration.
The essential functions are as the following:
i. Internal administration
ii. External administration
iii. Military functions
iv. Legislative functions
v. Judicial functions; and
vi. Other functions
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 Internal Administration
 Every county has a society with political characteristic – society has share-values
which each of the member of the society wish to achieve.
 Values – Security, good health, peace & harmony and a good standard of living. – this
values hard to achieve if there is was not in a peaceful & harmony state.
 Main responsibility of the executive – form the best strategy & plan – help the country
to achieve a peaceful & safe environment - Department & ministry responsible to handle
this matter under Internal State Department
 The executive – responsible to implement policies & gives order regarding the process
of execution of the law.
 To achieve effectiveness & efficiency – duties are distributed among units,
departments & ministries according to their functions & objectives. The organization is
planned & structured so can maximized effectiveness & efficiency
 In Malaysia, business operation such as import & export – managed by the
International Trade & Industrial Ministry.
 Every state has their own sovereignty & every country in this world depends on each
other & need to respect each other & avoid the aggressive actions – to maintain peace &
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security. Conflicts & problems – solve through diplomatic negotiation.
 External Administration
One of the functions of the executive is to manage external administrations. Ensure that
its foreign policy able to stimulate good relationship among the neighboring countries – can
avoid international conflicts which can cause war.
 War and Defense
 If there is threat which give impact to the sovereignty & security of country, the executive
should plan a strategy of defense & declare war if required. The executive also is required to
ensure that the country is well-prepared with a strong & well-trained defense unit ( defense
technology)
 Finance
 Government needs a large amount of resources in order to implement various programs
& project planned to fulfill people needs as well as country’s needs. The source of income is
obtained through taxation & national export.
 Executive needs to plan on how to obtain income from various sources in order to
stabilize economic condition of the country.
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 Legislative
 The functions of the legislation is possessed by the executive depends on the
form of the government.
 Generally, it is the right of the executive to call, postpone or discontinue any
parliament assembly.
 In parliamentary government – Executive responsible to disperse the parliament
& order a new election to be carried out. Also possibly call the Chamber to discuss
any issues that he feels need to be discussed.
 Judicial
 The right to pardon is assumed to be part of the executive function. It is a half –
judicial function & can be maintained due to some reasons.
 1st it is to correct the judicial decision – judges makes decision based on the
obtained from the case not based on the political aspect. E.g; there are individuals
who are punished due to his political crime but as time passes by, the arrest of him
may not be important anymore. Through the power of forgiveness possessed by the
executive, this individual can be freed from the accusation.
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 The core of politics in modern government depends on the executive & the
administrative functions of the executive.
 In a Presidential System, President is the Head of Executive. According to the
concept of Check & Balance,the legislative body is equal to the executive body.
 The position & status of the president is well-defined. He acts as the head of the
ruling party, head of the legislative body & to present ideas & opinion of the people.
 Through the power allocated by the constitution, the president can raise opinion, call
for emergency assembly & use veto power upon the bill/draft of proposed laws
 Responsibility to proposed the process of making bill through assembly, the
executive also acts as the legislative body when it approve ordinance, rules or order.
 The power to approve rules & regulations as stated & allocated by the legislative
power.
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NATURE OF EXECUTIVE : Nominal Executive & Real Executive
Differences
Role
Nominal
Executive
Real
Executive
Head of the State &
appointed based on
hereditary principle
Head of the Government &
in-charge of the affairs of
the country
Power is defined & limited
by the constitution
Implement the policy of the
state
Position
Pose no Actual Power
Possess actual power
Examples
Queen Elizabeth II
Prime Minister
Power
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NATURE OF EXECUTIVE: Single Executive & Plural Executive
Single
Executive
Plural
Executive
A person-in-charge
A multitude of councilors, a body of
legislature, not to deliberate but to enforce
the will of the state.
Promptness of decisions, singleness of
purpose, energy of action and secrecy of
procedures
It may destroy certain responsibility
Efficient discharge of executive functions
Unnecessarily waste of time & highly
dangerous in time of emergencies.
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Types of Executives
POLITICAL EXECUTIVE
 Appointed after won in general
election, state election or any other
election
 To be appointed as ministers,
deputy or assistant minister or senators
NON-POLITICAL EXECUTIVE
 Appointed accordingly to merit,
professionalism, qualifications;
 To be appointed as secretaries,
secretary-general, officer etc
 E..g. Doctor, Banker Officer, KSU,
PTD
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ILLUSTRATION OF EXECUTIVES
EXECUTIVE: To Formulate Policy and to ensure it is properly implemented; 2nd Organ of Government
NOMINAL
NATURE OF EXECUTIVE
TYPES OF EXECUTIVE;
POLITICAL & NON-POLITICAL
REAL
SINGLE
PLURAL
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ILLUSTRATIONS OF FUNCTIONS EXECUTIVES
FUNCTIONS OF EXECUTIVE
6 MAIN FUNCTIONS
INTERNAL EXTERNAL DEFENCE & FINANCIAL LEGISLATIVE
ADMINISTRATIONS ADMINISTRATIONS WAR ADMINISTRATIONS
JUDICIAL
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EXECUTIVE: DIFFERENCES BETWEEN PARLIAMENTARY & PRESIDENCY
EXECUTIVES
YDPA
( MALAYSIA)
PRIME MINISTER
(MALAYSIA)
PRESIDENT
(USA)
APPOINMENT
Conference of Rulers (CoR):
Chosen among the 9th state royal
Houses
Elected and appointed among
equal by YDPA from majority
party
Directly elected (by electoral
college)
DURATION OF
APPOINTMENT
5 years ( rotate)
5 years
4 years ( max 8years; 2
terms)
TERMINATION
Of unsound mind & health
incapability
Lost in election; prosecuted in
court of law liable to a fine
exceeding RM2,000 / jail
Lost in election; after two term
in office; by impeachment
QUALIFICATION
The most eligible Sultan/Raja as
Confirmed by CoR
> 30 years old; Malaysian
Resident
> 35 years old; Resident of
more than 14 years
POWER
Disband Parliament; Power to
pardon; Appointing PM;
Appointing Judges
Chief Executive and Chief
Administrator; Advising YDPA
Chief Administrator; Has Veto
Power; Power of Pardon;
Appointing Judges &
Ambassadors in agreement
with the Senate
FUNCTIONS
Head of the Nation; Chief of
Armed Forces; Head of The
Islamic Affairs and Customs
Head of Government; Chief
Diplomat; Chairman of
Coalition Party
Head of government; Head of
the Nation; Chief Of Diplomat;
Chief Of Armed Forces; Party
Chief
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Closure…….
Group Exercise :
 Identify the merits and drawbacks of the single and plural executive
 Explain the advantage and disadvantages of each method of choosing
the Executive.
 Explain on six essential functions of the executive.
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Continues..Learning objectives;
• Elaborate on the term public administration
• Explain on the principle of public administration
• Discuss on principle of dichotomy
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2.4 Definition of public administration
•
•
•
•
•
Is the administration of governmental affairs (Fessler, J.W. & Kettl,
D.F.1991, pg.8) by permanent members of the government (the body is
the civil service)
Most fundamentally it runs the departments and administers laws
It contributes to both the shaping and execution of policies
In the policy execution – its task is to translate the printed laws into changed
behaviour
In the policy formation – its roles are played at 2 stages:
i. Before the legislature legislate laws – the chief executive has to make
policy decisions
ii. After the legislature has enacted statutes / issued orders – the
executive passes on to administration – the job is making sense of them.
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DEFINITIONS OF PUBLIC ADMINISTRATIONS
THEORISTS / PROPONENTS
DEFINITIONS
Marshall E & Gladys O Dimmock
& Douglas Fox (1983)
‘ Public Administrations as the production of goods & services designed to
serve the needs of citizen ( consumers).
It involves the accomplishment of politically determined objectives-must be
concerned with policy and its orderly execution’
Cole B Graham Jr. & Steven W.
Hayo (1986)
‘In ordinary stage, public administration is a generic expression for the entire
bundle of activities that are involved in the establishment and implementation
of public policies’.
Grover Straling (1986)
‘ Traditionally public administration is thought of accomplishing side of
government. It is supposed to comprise all those activities involves in carrying
out the policies of elected officials and some activities associated with the
development of those policies.
David H. Rosenbloom (1986)
‘ The use of managerial, political and legal theories and process to fulfill
legislative, executive, & judicial government mandates for the provision of
regulatory and service functions for the society as a whole or for some
segments of it.
John M Pfifner & Robert Presthus ‘Essentially concerned with the means of implementing public values-of
coordinating individual and group efforts to carry out public policy –and as
such it is mainly occupied with routine work of government.
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2.5 Functions of public administration
Functions of public administration can be seen from the functions of
ministries or departments.
i. Answer for the administration to the people – it translates policy into
practice, therefore it must be capable to explain its action / decision.
ii. Drawing up of its policy – although policies are formulated by the
Executive but the details to work out and routine businesses are left to
them.
iii. To work out the detailed regulations necessary to give effect to the statutes
(laws / policies)
iv. To implement policies – once the policies have been legislated, it is the
responsibility of public staff to ensure them to be faithfully carried out.
(responsibilities of top civil servants – to direct, instruct, supervise &
control; responsibilities of the field officers – obey, implement & report as
well as make suggestions if necessary)
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2.6 Principle of Public Administration
• The principle is “ the neutrality of public administration /
civil service”
• This idea proposes that public administration / civil service
must be free from political intervention / influences.
• Conditions to ensure neutrality:
i. Methods of appointment
ii. Permanency of tenure and status
iii. Promotional basis
iv. Salary and compensation
v. Accomplishment of duties
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Further readings;
Abdul Aziz Bari.
Malaysian
Constitution: A
Critical
Introductions:
Page76-80
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2.7 Principle of Dichotomy
• It is an idea of the separation of policy (politics) from
administration (policy / administration dichotomy).
• Began in the late nineteenth and early twentieth centuries
• Stemmed from the need / efforts to reform all levels of
government
• Popularised by W.W. Wilson through essays on:
i. Law and Administration
ii. Administrative and Executive Power
iii. Constitution and Administration
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Principle of Dichotomy – cont’d
•
The idea was supported by his followers (the Wilsonian) – their
suggestion: i.e. “ total separation between politics and administration “.
– aim : to divorce politics from administration
– reasons : they believed that the administrative systemwas influenced by ‘spoiled men’.
• The movement was directed against political corruption, to ensure the
efficiency of administration and to create a neutral civil service (nonpartisan civil servants)
• But, it was a rejections by students / scholars (opponents) – they
regarded it as unsound idea (because administrative staff share in the
policy-formation function.
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Principle of Dichotomy – cont’d
• The opponents (Neo Wilsonian) – ‘ politics-administration
dichotomy is a myth. They are inseparable “.
• Further readings:
– Jack Rabin & J.S. Bowman, (1984) , Politics and
Administration : Woodrow Wilson and American Public
Administration, Marcel Decker Inc., New York
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CONCLUSION
In a modern government – Public Administrations hold the most important
power, they implement / execute public policies.
Public administration reflects efficiency & judicious criteria of a government, also
depicts the source of information & idea of the government in solving problems
that occur in economic, social & political aspect of the country.
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Closure…….
Homework :
Defined what is Public Administrations and
explain on Principle of Dichotomy?
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