Government essentially operates in three main branches. These are the executive, the legislature and the judiciary. According to the principle of separation of powers, each of the three branches should be autonomous and independent. An expansive interpretation of the separation of powers doctrine equally suggests that the three branches are independent and equal in status with entirely different roles. However, from the political structure of most governments, it comes out that the legislature is the most powerful branch of government and by that vein, the branches of the government are not autonomous and equal in formation and power. The paper shall examine the reasons that together make the legislature the most powerful branch of government.
Foremost, it is essential to consider the composition of the legislature as compared to the other branches. It by virtue of its appointing authority often comes out as the most legitimate of the three branches. This is because the legislature draws its mandate directly from the electorate in a poll. This is way different from the composition of the executive and judiciary which in a large extent draws its composition from appointments by the presidency and the judicial service commissions which exercise the powers conferred upon them on behalf of the citizenry. From the onset, examining the nature of the composition, it would be more powerful having drawn their mandate directly from the citizenry. In the same measure, it may assert that it is more accountable to the people and hence more legitimate in its actions. This cumulatively places it on a powerful level.
Secondly, the legislature’s specific roles occasion its superiority. For starters, its main role is to formulate the law. The task of law making falls under the legislature and in most cases, no amount of regulation suffices over and above this responsibility. This is to suggest that the legislature has complete and absolute power over law making. In that context, it is incumbent on this arm of government to determine the national agenda of the country through a comprehensive legislative framework. It is equally important that the legislature exercise this role responsibly as most jurisdictions that have embraced the rule of law and natural justice rely on the legislative framework for the implementation of the national agenda. This absolute and essential role places it above the rest in the operations and execution of functioning. This should be read in appreciation of the fact that for other branches of government, all roles are usually performed with the sanction and check by the other branches. For example, in the structure of the United States of America, presidential roles under the executive branch are executed with the sanction and execution of congress through the House of the Representatives and the Senate.
Other than the law making function, the legislature dispenses some of the most essential roles in government. It is responsible for the sanctioning and approval of budgets and some of the executive appointments and decisions. In this strain, it should be appreciated that the legislature performs more of decision making than merely approvals. Absent the legislature and the presidency or the executive may become lame as the decisions cannot be implemented and have legitimacy without the legislative approvals. In the United States of America, even sensitive matters such as national wars require the approval and sanction of the legislature. The budgets have to be passed and approved by Congress. This places it above the other branches as it is mandated with the checks and balances role in society. The legislature in the execution of the sanction and approval roles plays political accountability and responsibility functions that have the overall effect of facilitating the implementation of the national agenda by the executive. This role dispensed over and above the law making role gives makes it more powerful than other government branches.
Finally, it is essential to note the diverse composition of the legislature that in the long run gives it a national and representative face that is all inclusive. This character informs its political and legal roles and mandate. It makes it powerful as a branch as its decisions and approvals have the all-inclusive character. This character is often absent in both the executive and the judiciary. In the executive the absence can be explained by the fact that policy is often a reflection of the majority and ruling party while the judiciary the absence of an all-inclusive character can be explained by the professionals involved who emanate from the legal field only. The bipartisan composition of the legislature gives it a national character that is more weighty and legitimate in terms of decision making. This factor could explain away its powerful nature. This further compounded by the constitutional provision that mandates the legislature oversight role on the presidency which includes the power to impeach the president. The reverse is not the case, that is, the president cannot impeach a member of the legislature. Cumulatively, the character and roles of the legislature inform its powerful appearance and nature.
Works Cited
Government Archives. The Constitution of the United States of America. Washington D.C.: Government Archives , n.d.
Nice, David C. The Politics of Intergovernmental Relations. New York: St. Martin's Press, Inc., 1987.
Walters, Mark D. ""Legality as Reason: Dicey, Rand, and the Rule of Law"." McGill Law Journal 50.1 (2010): 563-586.
Woll, Peter. American government: readings and cases. New York: Pearson Longman, 2010.
