StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The implementation of law - Essay Example

Cite this document
Summary
The purpose of the essay “The implementation of law” is to examine running of the executive, legislature, and the judiciary of the US government. The three arms of government must comply with the separation of powers to ensure unity and harmony in the dispensation of their duties…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.6% of users find it useful
The implementation of law
Read Text Preview

Extract of sample "The implementation of law"

Law Government of the US The separation of powers is an essential doctrine in the running of the executive, legislature, and the judiciary of the US government. The three arms of government must comply with the separation of powers to ensure unity and harmony in the dispensation of their duties. The president heads the executive wing of government. For that reason, a president who abuses office is likely to breach the law about the separation of powers. According to Goldwin and Art, the functions are a derivative of the judiciary and the legislature (34).

In this regard, the abuse of office will affect the functioning of the other arms of government. The executive’s role in the implementation of the law has a direct relation to the legislature’s role of making law. Additionally, the function relates to the legislature’s role of interpretation of law. Even so, some of the functions of the executive are not directly related to the other arms of the government. In this regard, the abuse of office by the incumbent president may not breach the separation of powers.

The functions of the executive are subject to oversight by the other two arms of government. Executive orders are always instructive regardless of the fact that they violate the law. This is because the executive arm of government is subject to politics, which makes the absolute adherence to set rules and regulations impossible. The executive powers also have privileges that surpass the other provisions in various clauses of the constitution. For instance, the provision of Null Presque presidential privilege usually contradicts the delivery of justice for the afflicted parties in the courts of law (Goldwin and Art 43).

In this regard, the executive’s orders are instructive. The president’s orders are instructive, given that their directives directly affect the citizenry. The orders are supreme given the selection of the hold of the executive office. The election of the president is an influential exercise that makes the populace consider the president as the supreme authority of the nation. History plays a major role in the understanding of the executive powers and the aspect of separation of powers. There are provisions that address the controversies existing in the legality and policy issues of executive mandates.

The aspect of the separation of powers is traceable to the times of King George III. The reign of the King was full of controversies and delusion. The making of treaties with other nations is categorized under legislative and executive roles. This initiative creates controversy for the executive. Accordingly, there is a supremacy war between the congress and the US executive body. Some powers held by the executive are applicable in the implementation of policies. Additionally, the draft directive by a president can effectively lead to the implementation of a certain policy objective.

Obama has given various directives that have been contrary to the doctrine separation of powers. Obama wanted to implement the Dream Act, but it was rejected by congress (Goldwin and Art 63). Additionally, the president took part in prosecutorial discretion. He is also accused of failure to enforce laws presented to him. The powers vested in the legislative arm should be made relevant by the president’s implementation and enforcement of the laws made. However, president Obama has defied the requirement and has belittled the congress and its legal authority.

Work Cited Goldwin, Robert, and Art Kaufman. Separation of Powers-Does It Still Work? Washington, D.C: American Enterprise Institute for Public Policy Research, 2008. Print.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The implementation of law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
The implementation of law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1647672-the-implementation-of-law
(The Implementation of Law Essay Example | Topics and Well Written Essays - 500 Words)
The Implementation of Law Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1647672-the-implementation-of-law.
“The Implementation of Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1647672-the-implementation-of-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF The implementation of law

Post-Colonial Nigeria Political History

According to the report, Nigeria not only remained dependent of the United Kingdom several years after the winning of freedom from the latter but also turned out to be a victim of ethnic-racial and religious conflicts after obtaining the status of a sovereign state.... hellip; This essay discusses that Nigeria experienced ethnic, racial, religious, regional and class discrimination in the country, where the communities belonging to eastern, western and northern parts of the vast country appeared to be determined to dominate over other ethnic and regional communities in one way or the other....
5 Pages (1250 words) Essay

Defending the Position of Theism

This essay "Defending the Position of Theism" defends a theistic point of view contrary to the line of reasoning presented through the argument from evil, and proving that God is omnipotent, God is all good and evil exists, all at the same time.... hellip; This is a paper defending theism position....
6 Pages (1500 words) Essay

Should the Drinking Age Be Increased or Decreased

It is also stated under the Federal-Aid Highway Act, that the state that fails to mandate or enforce the twenty-one years old law of drinking age, is at risk of losing ten percent of the federal funding for highway appointments.... The law was effective in 1984, when President Reagan signed this law for implementation, many people are convinced that the most influential supporter for the act was Mothers Against Drunk Driving (MADD) (Stefan, K, pp....
7 Pages (1750 words) Essay

The Legal Department of a Company

Insofar as the aforementioned is concerned, Poole (2004) identifies it as one of the more important of any corporate legal department's responsibilities, comparable to The implementation of law and order.... Indeed, one of the department's primary concerns is employee relations, the implementation of corporate policy and the assurance of adherence....
4 Pages (1000 words) Essay

State Liability and Direct Effect

The implementation of law of state liability is the responsibility of national courts of EU states1.... In order to ensure proper implementation of laws and to guarantee complete rights to all EU citizens, a number of protective laws have been developed. … One of such laws is the law of State liability, in which a European Union member makes up for the losses suffered by a EU citizen as a result of breach of EU laws.... The European Court of Justice made Italian government pay compensations for all workers who suffered as a result of its non-implementation of the law....
4 Pages (1000 words) Essay

German Bundestag

Further through the implementation of this new regulation, drivers, using the mobile phones during driving, should be penalized for not only breaking the law but putting at risk the lives of others besides and themselves.... This report is an attempt to present fact and figures along with pursuing the German Bundestang to make law regarding the use of mobile phones during driving. … German Bundestang is the chief body in Germany which is responsible for the law making in the country....
12 Pages (3000 words) Essay

Chineae demographic transition and labor market

Additionally, the segment of population that was able to actively Population Growth and the One Child Family The implementation of law which enforced the concept of One Child Family has far reaching consequences on the growth pattern of Chinese population.... Although the implementation of this law was meant to bring economic improvement at national level, a number of undesired outcomes… Before the implementation of this law, the ration of male to female births was satisfactory....
1 Pages (250 words) Essay

Characteristics of the Modern Bureaucracy

It affects The implementation of law and policies made by elected officials within the government.... The author of the paper focuses on characteristics of modern bureaucracy and state that since the bureaucracy deals closely with the governmental issues, it would not be easier to hire and stop the civil servants according to their performance in their duties....
1 Pages (250 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us