PAD240 |GOVERNMENT AND POLITICS

University Technology MARA

Diploma Public of Administration

PAD240 (GOVERNMENT AND POLITICS)

BASED ON DIFFERENT COUNTRIES DISCUSS ANY 4 METHODS TO

CHOOSE CHIEF EXECUTIVE

Prepared For:

Puan Rafizah Binti Mohd Noor

Prepared By:

Group – NAMAF4A

Nora Binti Abd Rahim 2016339887

 TABLE OF CONTENT

PAGE

NO CONTENT PAGE

1 Defination Chief Executive 3

2 Types Of Executive 4

3 Functions Of The Executive 5-9

Methods Of Choosing Chief Executife

 Hereditary Principle
4  Direct Popular Election 10 - 17

 Indirect Election
 Nominated Executive
5 Conclusion 18

6 Reference 18

2|Page
1 DEFINATION CHIEF EXECUTIVE

Chief Executive is a term used for Presidential or Prime Ministerial powers given by a
constitution or basic law, which allows its holder to implement policy, supervise
executive branch of government, prepare executive budget for submission to the
legislature, and appoint and remove executive officials. Depending on the specific
constitution, he may also be able to veto laws, dissolve the legislature or submit his own
bills to the legislature.

The authority of a head of government, such as a president, chancellor, or prime

minister and the relationship between that position and other state institutions, such as
the relation between the head of state and of the legislature, varies greatly among
sovereign states, depending largely on the particular system of the government that has
been chosen, won, or evolved over time.
(https://en.wikipedia.org/wiki/Head_of_government)

2. TYPES OF EXECUTIVE:

2.1 Nominal/Titular and Real Executives

The difference between the nominal/titular and real executives is made only in a
parliamentary system of government. In it, the head of state, the President or the
Monarch, is the nominal executive and the Council of Ministers headed by the Prime
Minister is the real executive. All the powers are legally the powers of the nominal
executive but in practice these are exercised by the real executive.

The nominal executive is not responsible for its actions as these are performed in its
name by the real executive. The real executive is responsible for all the actions of the
nominal executive. The nominal executive is the ceremonial and dignified part of the
executive, whereas the real executive is its powerful part.

3|Page
2.2 Hereditary and Elected Executives

When the executive assumes office by the law of hereditary succession, it is called the
hereditary executive. When the executive is directly or indirectly elected by the people
for a fixed period or even for life, it is called the elected executive. In Britain, Japan and
Malaysia there are hereditary chief executives. In India, USA, Germany and many other
states there are elected chief executives.

2.3 Single and Plural Executives

When all the executive powers are in the hands of a single functionary/leader, it is called
a single executive. In India, Britain, USA, Australia, France and many other states there
are single executives. In India, all the executive powers are with the President of India.
Likewise under the US Constitution, the executive powers are with the President of the
United States of America.

When the executive powers are vested with a group of persons or in a

committee/council/commission and these are collectively exercised by all the members
of this commission/council, the executive is called the Plural Executive. As for example,
in Switzerland all the executive powers have been given to the Federal Council which
consists of seven members. All the members collectively exercise all the executive
powers.

2.4 Parliamentary and Presidential Executives

The distinction between the parliamentary and presidential executives is made on the
basis of relationship between the legislature and executive.

4|Page
3 FUNCTIONS OF THE EXECUTIVE:

3.1 Enforcement of Laws

The primary function of executive is to enforce laws and to maintain law and order in the
state. Whenever a breach of law takes place, it is the responsibility of the executive to
plug the breach and bring the offenders to book. Each government department is
responsible for the implementation of the laws and policies concerning its work. For
maintaining law and order in the state, the executive organises and maintains the police
force.

3.2 Appointment-making Functions

All major appointments are made by the chief executive. As for example, the President
of India appoints the Chief Justice and other Judges of the Supreme Court and High
Courts. Ambassadors, Advocate General of India, Members of Union Public Service
Commission, Governors of States etc.

Likewise, the President of the United States makes a very large number of key
appointments. All the secretaries who head various government departments, Judges of
the Supreme Court and other Federal Courts, the Federal officials in the States etc., are
appointed by the US President. However, all such appointments require the approval of
the US Senate (Upper House US Congress i.e. Parliament).

The members of the civil service are also appointed by the Chief executive. This is,
usually, done on the recommendation of a service recruitment commission. In India, the
Union Public Service Commission annually holds competitive examinations for All India
Services, Central Services and Allied Services.

5|Page
It recruits on merit, candidates for appointment to these cadres. The appointments are
done by the Chief executive in accordance with the recommendations of the UPSC.
Similar practice prevails in almost all the states. As such appointment-making is a
function of the executive.

3.3 Treaty-making Functions

It is the responsibility of the executive to decide as to which treaties are to be signed

with which other countries. The executive negotiates the treaties in accordance with the
procedure defined by international law and also in accordance with the provisions the
constitution of the state.

Each treaty is signed by a member of the executive. Most of the treaties also require
ratification by the legislature of the State. It is again the responsibility of the executive to
secure legislative approval for the treaties signed by it.

3.4 Defence, War and Peace Functions

One of the key functions of the state is to defend and preserve the unity and integrity of
the country and protect it in the event of an external aggression or war. It is the
responsibility of the executive to undertake this work. To organise military for the
defence of the state, to prepare for and fight the war, if it becomes necessary, and to
negotiate and sign peace settlement after every war, are the functions performed by the
executive.

The executive is the final judge of the nature of the threat to the security of the country.
It has the prime responsibility to take all such steps as are needed in the interest of the
security and integrity of the state. The chief executive of the state is also the supreme
commander of the armed forces of the state.

6|Page
3.5 Foreign Policy-making and the Conduct of Foreign Relations

In this age of ever-increasing global interdependence, it has become one of the most
important functions of a government to formulate the foreign policy of the state and to
conduct foreign relations. This function is also performed by the executive.

The executive formulates the goals of national interest and fixes the priorities. It first
formulates the foreign policy of the nation and then implements it for securing the
defined goals of national interest. The executive appoints the ambassadors of the state
to other states.

3.6 Policy-making

Modern welfare state has to carry out a large number of functions for securing the
socio-economic-cultural development of its people. It has to formulate policies, prepare
short-term and long-term plans and implement these. All actions of the state are guided
by definite policies and plans.

It is the executive which undertakes the task of policy-making and developmental

planning. These are the two most important functions of the executive, because by
these the state carries out its objective of promoting the welfare of its people.

3.7 Functions relating to Law-making

Law-making is primarily the function of the legislature. However, the executive also
plays a role in law-making. In this sphere too the role of the executive has been
increasing by leaps and bounds. In a parliamentary system, the ministers are also
members of the legislature and they play a leading role in law-making.

7|Page
Most of the bills for legislation are introduced and piloted by them in the legislature.
Most of the time of the legislature is spent in passing the governmental bills. The bills
passed by the legislature become laws only after these are signed by the Head of the
State.

3.8 Law-making under the system of Delegated Legislation

The system of delegated legislation has considerably increased the law-making role of
the executive. Under this system, the legislature delegates some of its law-making
powers to the executive. The executive then makes rules on the basis of these powers.
The amount of delegated legislation made by the executive far out-weighs the laws
passed by the legislature.

3.9 Financial Functions

It is the legislature which is the custodian of all finances. It has the power to impose, or
reduce or eliminate a tax. However, in actual practice, the executive exercises a number
of financial functions. It has the responsibility to prepare the budget. It proposes the levy
of new taxes or changes in tax structure and administration. It collects and spends the
money as sanctioned by the legislature.

The executive decides the ways and means through which the money is to be collected
and spent. It formulates all economic policies and plans. It takes suitable measures for
regulating the production and distribution of goods, money supply, prices and exports
and imports. It contracts foreign loans, negotiates foreign aid and maintains the financial
credibility of the state.

8|Page
3.10 Some Semi-Judicial Functions

The appointment of judges by the executive is regarded as the best method for ensuring
the independence of judiciary. In almost all democratic systems, the chief executive has
the power to appoint judges. Further, he has the right to grant pardon, reprieve and
amnesty to criminals. Under the system of administrative adjudication, the executive
agencies have the power to hear and decide cases involving particular fields of
administrative activity.

3.11 Grant of Titles and Honours

Another important function of the executive is to grant titles and honours to the people in
recognition of their meritorious services to the nation. Such persons who do
commendable work in their respective spheres of activity—Art, Science, Literature etc.
are granted titles by the executive.

It also grants titles to such defence personnel who show exemplary courage and
devotion to duty during war or peace. Even ordinary citizens are granted honours in
recognition of their meritorious work for the society. All decisions in this respect are
taken by the executive. These are the major functions performed by the Executive.
Executive has indeed emerged as the most powerful organ of the government.

9|Page
4 METHODS OF CHOOSING CHIEF EXECUTIFE

Five different methods of choosing the head of the State have been followed in practice:
the hereditary principle; direct election by the people; indirect election by a body of
electors chosen for that purpose; election by the legislature; and nomination.

4.1 Hereditary Principle

Hereditary monarchy is a form of government and succession of power in which the

throne passes from one member of a royal family to another member of the same
family. It represents an institutionalised form of nepotism.

It is historically the most common type of monarchy and remains the dominant form in
extant monarchies. It has the advantages of continuity of the concentration of power
and wealth and predictability of who one can expect to control the means of governance
and patronage. Provided that a monarch is competent, not oppressive, and maintains
an appropriate royal dignity, it might also offer the stabilizing factors of popular affection
for and loyalty to a royal family. The adjudication of what constitutes oppressive,
dignified and popular tends to remain in the purview of the monarch.

It is true that a hereditary executive carries with it certain manifest advantages, but the
idea of monarchical government is so distasteful in this age that it now assumes only an
academic interest. Its ultimate disappearance will doubtless follow in the course of
political evolution in the future. Even in Britain survival of monarchy is being widely
discussed. A major disadvantage of hereditary monarchy arises when the heir apparent
10 | P a g e
may be physically or temperamentally unfit to rule. Other disadvantages include the
inability of a people to choose their head of state, the ossified distribution of wealth and
power across a broad spectrum of society, and the continuation of outmoded religious
and social-economic structures mainly for the benefit of monarchs, their families, and
supporters.

In most extant hereditary monarchies, the typical order of succession uses some form of
primogeniture, but there exist other methods such as seniority and tanistry (in which an
heir-apparent is nominated from among qualified candidates

The hereditary principle is associated with monarchical governments. The term of office
is for life and succession goes from father to son governed by the law of primogeniture.
Hereditary monarchy is the result of historical conditions rather than of deliberate choice
and it now survives in a handful of old countries.

Government of Brunei an absolute monarchy, where by the Sultan of Brunei is both

head of state and head of government (Prime Minister of Brunei). Executive power is
exercised by the government. Brunei has a legislative council with 36 appointed
members that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty
Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah, is the head
of state with full executive authority, including emergency powers since 1962. The
Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja"
(MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law
since a rebellion occurred in the early 1960s and was put down by British troops from
Singapore.

The Sultan is the head of state and head of government in Brunei. He exercises
absolute powers and full executive authority under the framework of the 1959
Constitution. The Sultan is advised by and presides over five councils, which he
appoints. The five councils are the Privy Council, Council of Succession, Religious
Council, Council of Ministers and the Legislative Council.

11 | P a g e
4.2 Direct Popular Election

Direct election is a system of choosing political officeholders in which the voters directly
cast ballots for the person, persons, or political party that they desire to see elected.
The method by which the winner or winners of a direct election are chosen depends
upon the electoral system used. The most commonly used systems are the plurality
system and the two-round system for single-winner elections, such as a presidential
election, and party-list proportional representation for the election of a legislature.

Uruguay one of the country using direct popular election. The president and the vice-
president are elected on one ballot for a five-year term by the people.

Each party must elect its candidates for President and Vice-President in primary
elections, which are usually held in June. The selected candidates face the electorate in
the general elections in October. If no candidate obtains the absolute majority of votes,
there is a runoff between the two most-voted candidates.

The choice of the Chief Executive by the direct vote of the people is the opposite
principle of the hereditary method. This method is the vindication of the principle of
popular sovereignty. It grants the people the right to elect their Chief Executive who
should represent their will and enjoy their confidence.

But, in spite of its popular appeal, the method of direct election has been sparingly
adopted in practice. The framers of the American Constitution ruled it out for various
considerations. They desired to establish a method which would, as Hamilton put it,
“afford as little opportunity as possible to tumult and disorder”, and did not “convulse the
community with any extraordinary and violent movements.”

12 | P a g e
They, accordingly, adopted a plan of indirect election. But, in point of fact, this intention
on the part of the framers has been completely defeated, since the system created has
been so worked in practice as to establish what election is in effect by popular vote.

France adopted direct election at the establishment of the Second Republic in 1848, but
abandoned it when the Third Republic was established. In the recent past, France
under the Fifth Republic, some of the Latin American States and the former Democratic
German Republic deliberately adopted it.

Many advantages are claimed for the direct mode of electing the Chief Executive. The
method of popular election, it is maintained, is more distinctly in accord with the modern
ideas of popular government, as it secures the responsibility of the executive directly to
the people.

When the people themselves have to determine who the Chief Executive should be,
they minutely evaluate the merits and virtuous qualities of each candidate seeking
election and the final choice falls on a man in whose ability and integrity they have faith.
Such a system stimulates interest in public affairs, affords a means of the political
education of the masses and presents the example of a government by the people.

But there are some serious objections to this mode of popular choice. The masses are
incompetent judges for electing so high a personage as the head of the State. The
electors can easily be influenced by the demagogue, who always tries to play with their
emotions, and the popular choice may not be the best. Moreover, periodical elections of
the Chief Executive of the State create political tension and excitement in the country.

Political rivalry, factious intrigues and often corrupt methods employed by the party
machines account for general demoralisation. “As soon as one candidate is elected,
those who aspire to succeed him proceed to canvas the people. Party feeling is
perpetuated and at election time it often becomes very bitter; it may even lead to foreign
intrigue.”

13 | P a g e
Popular election of the Chief Executive under the parliamentary system produces a
radical change in the character of public life.

The Chief Executive becomes the standard bearer of a party or a combination of

parties. He could hardly be expected to maintain, under these circumstances, the
mediating role as head of the nation. If he is popular and commands the respect of the
people, he may use his position and authority to the detriment of the party in power in
case of disagreement between the two and even make a bid to become a hero. If ever it
happens, even perchance, it shall be destructive of parliamentary democracy.

4.3 Indirect Election

An indirect election is an election in which voters do not choose between candidates for
an office, but elect people who then choose. It is one of the oldest forms of elections,
and is still used today for many presidents, cabinets, upper houses, and supranational
legislatures. Presidents and prime ministers can be indirectly elected by parliaments or
by a special body convened solely for that purpose. The election of the executive
government in most parliamentary systems is indirect: elect the parliamentarians, who
then elect the government including most prominently the prime minister from among
themselves. Upper houses, especially of federal republics, can be indirectly elected by
state legislatures or state governments. Similarly, supranational legislatures can be
indirectly elected by constituent countries' legislatures or executive governments

Indirect election is more common. It involves/ election by an electoral college elected by

the people. In theory, the President of the United States of America is elected by an
electoral college in which every State has as many representatives as it has in both the
Houses of Congress. The method of indirect election claims the advantage of avoiding
the heats, tumults and convulsions of direct election.

14 | P a g e
The election of President and Vice President of the United States is an indirect
election in which citizens of the United States who are registered to vote in one of the
50 U.S. states or in Washington, D.C. cast ballots not directly for those offices, but
instead for members of the U.S. Electoral College, known as electors. These electors
then in turn cast direct votes, known as electoral votes, for President, and for Vice
President. The candidate who receives an absolute majority of electoral votes (at least
270 out of a total of 538, since the Twenty-Third Amendment granting voting rights to
citizens of Washington, D.C.) is then elected to that office. If no candidate receives an
absolute majority of the votes for President, the House of Representatives chooses the
winner; if no one receives an absolute majority of the votes for Vice President, then the
Senate chooses the winner.

The elections are indirect only in name. The immediate representatives, who constitute
an electoral college, give little evidence of independence of character and judgment. In
almost every country, where political parties are highly organised, the electors are
chosen on party pledges to vote for the party’s candidate.

They hold a definite mandate and are mere party agents with no discretion to exercise
their votes. The election of the President in the United States has not only become
direct in practice, but it has now assumed the form of an important national pageant. “It
is an operation of the first magnitude putting at stake the ambition of individuals, the
interest of classes, and the fortunes of the entire country.”

Nearly everybody in America, from the President in the White House to the man in the
street, interests himself in it. It is a momentous event which involves nationwide
propaganda and entails an expenditure of millions of dollars on publications, meetings,
“rounding up delegates” and “seeing that the goods are delivered.” Thus, what was
intended to be a scheme of indirect election of the Chief Executive has become in
reality a system of direct election?

15 | P a g e
4.4 Election by the Legislature

Election by the legislature is another type of indirect election. The Constitution of India
provides that the President of the Republic shall be elected by an electoral college
consisting of the members of both Houses of Parliament and the elected members of
the legislatures of the states.

The President of France, according to the Constitution of 1875, was elected by the
National Assembly consisting of two Houses of the legislature the Senate and the
Chamber of Deputies sitting in a joint session at Versailles. Under the Fourth Republic,
too, the President was chosen at a joint meeting of both Houses. In Switzerland, the
Federal Executive Council is elected by the Federal Legislature.

The idea underlying this method of election is that selection should be made by those
who are best qualified to exercise their judgment in public affairs. The members of the
legislature are sure to make a wiser selection than the general mass of voters or
intermediate electors constituting an electoral college.

Being actively concerned with public affairs and intimately acquainted with the public
careers of the statesmen, the members of the legislative assemblies are, of all the
persons, more qualified to choose the best man for this august office. This method
ensures greater harmony and cooperation between the legislative and executive
departments, thereby avoiding all possibilities of friction between the two.

But election of the Executive Head by the legislature is a negation of the theory of the
Separation of Powers. When the Executive Head is elected by the legislature, he
becomes its nominee, and this may lead to political bargains, intrigues and jobbery.

16 | P a g e
Such a method of election is sure to impair the independence of the Chief Executive
and make him subservient to the will of the legislature. It, also, seriously interferes with
the normal functions of the legislature, particularly at times of great and exciting
contests.

This may not only lead to unnecessary waste of parliamentary time and energy, but also
gives “a party colouring to the consideration of many measures which are in reality non-
partisan in character.”

There is, however, no doubt that the system of election of the Chief Executive by the
legislature has given excellent results wherever it has been experimented with. In all
these countries the election of the President takes place with little or no popular
disturbance. The modern tendency is, accordingly, in favour of election by a legislature.

4.4 Nominated Executive

Nominated executive, for the most part, exists in dependencies of some great powers.
The Governor-General, during the British rule in India, was a nominated executive.
Similarly, the Governor-General of Korea was appointed by the Emperor of Japan and
the Imperial Diet.

The choice of the incumbent of the office is made on the basis of his qualifications and
special fitness for the job which he is called upon to supervise.

The Governor-General of Canada as well as that of Australia was appointed by Her

Majesty the Queen on the recommendations of the Governments of their respective
States from amongst Englishmen in public life, or the nationals of their own countries.
These countries had preferred such a method of appointment themselves and it did not
make them subordinate to Britain. Both Canada and Australia are sovereign States

17 | P a g e
5. Conclusion

Running the government is it not an easy job. It required responsibility to the country
and to make policy in the best interests of its citizens and in terms of the Constitution.
They must empowered to implement legislation, develop and implement policy, direct
and co-ordinate the work of the government departments, prepare and initiate
legislation and perform other functions as called for by the Constitution or legislation.

6. Reference
1) http://www.shareyouressays.com/essays/essay-on-the-five-different-
methods-of-choosing-the-head-of-the-state/88506
2) https://en.wikipedia.org/wiki/Government
3) https://en.wikipedia.org/wiki/Politics_of_Brunei
4) https://en.wikipedia.org/wiki/Politics_of_Uruguay

18 | P a g e