The Executive

The Executive

Nature of the Executive Department: In its broadest sense, the executive department consists of all government officials except those acting in a legislative or judicial capacity. It includes all the government agencies that are concerned with the execution of the state’s will as expressed in terms of the law. As thus considered, it includes. The … Read more

The Judiciary

The Judiciary

Evolution of the Judiciary: The judicial department’s development may be traced along with several related, yet fairly distinct, channels. 1. As to its organization: The administration of justice, which is universally regarded today as a state function, was originally a private matter, the state having no machinery for its administration. In the primitive state, disputes … Read more

The Electorate

The Electorate

Requisites of Democracy for the electorate. The strength and stability of modern states are usually attributed to the fact that they are democratic. It is argued that if the people make the laws that they obey and select the persons to administer such laws, there is the largest likelihood that general welfare will be secured … Read more

What The Executive Branch

What The Executive Branch

What the Executive branch Embraces. The second, great organ, department, or government component, the third, if we accept some writers’ view that the electorate is also an organ-is the executive. In a broad and collective sense, the executive organ embraces the aggregate or totality of all the functionaries and agencies concerned with the execution of … Read more

The Executive Power

The Executive Power

Nature of the Executive Power. The best constitution for the executive department and the powers with which it should be entrusted, said Judge Story, are problems among the most important and probably the most difficult of the solution of any involvement in free governments’ theory. The first of these problems have already been discussed; it … Read more

State And Associations

State And Associations

State and Associations. Society, as said before, is not a mere aggregate of individuals but a collection of groups composed of individuals. The man voluntarily fans these groups to satisfy various and diversified needs, such as social, religious, cultural, economic, educational, recreational, and many others. All these groups express and develop the sociability of man. … Read more

Nature of State and Society

Nature of State and Society

Nature of State and Society. We must also clearly distinguish between the State and Society because identifying the social with the political is to be guilty of all confusions’ grossest, which completely bars any understanding of either society or State. To equate the State with society is to justify State interference in all aspects of … Read more

Appointment And Removal Of Judges

Appointment,Tenure,And Removal Of Judges

Qualification And Appointment Of Judges. Appointment Of Judges. The peculiar functions of courts of justice are such as to require that the judges should possess a special degree of learning, impartiality, integrity, dignity, and independence of judgment. “Whatever,” said Edmund Burke in his “Reflections on the French Revolution,” is supreme in a state; it ought … Read more

Organization Of The Judiciary

organization of the judiciary

Organization Of The Judiciary. The structure of the judiciary in most of the State  is pyramidal with the Supreme Court at the top, High Courts below them and district and subordinate courts at the lowest level (see the diagram below). The lower courts function under the direct superintendence of the higher courts. Principles of Organization. … Read more

The Lawmaking Function of the Courts

functions of the court

At least in some countries, a final function of the courts is the power to create and develop the law. The law they make is known as “case law” or “judge-made law” in Latin countries, jurisprudence. This power results from the judges’ universal right to construe and interpret statutes, and in Anglo-Saxon countries, to decide … Read more