Executive
Executive
Content
I. Introduction
II. Cambodian Executive and Structure of Its Executive
1. Cambodian Executive
2. Cambodian Executive Structure
a. Prime Minister
b. Deputy Prime Minister
c. State Minister, Minister and Secretary of State
d. Undersecretary of State
III. The function of Executive
IV. Government responsibility
1. Criminal responsibility
2. Political responsibility
3. Relation to the legislature branch
4. Relation to the judicial branch
V. Conclusion
The Executive Branch
I. Introduction
In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the government, but this usage can be confusing in an international context. The executive branch contains the head of government, who is the head of this branch. Under the doctrine of the separation of powers, the executive is not supposed to make laws (role of the legislature), nor to interpret them (role of the judiciary), their purpose is to enforce them: in practice, this separation is rarely absolute. The executive is identified by the Head of Government. Generally, the term executive is referred to the democracy country, and the democracy system is divided into three kinds of government.
The first one is parliamentary government. It has of state-king or queen who acts as a symbol of nation, and he or she has no any power in politic. Whereas the prime minister is the head of government, and he or she hold all the political power. The executive of the parliamentary government must accountable to the parliament (national assembly) because it is created by the national assembly, but both institutions ca dissolve each other. For example, in England the Queen is the head of state, but she has no power in politic because all of power is hold by prime minister who is the head of government.
The second system of government is presidential government that has the president who responsible as the head of state and the head of government. He or she holds all the political power. Moreover, the president and the parliament come from the people vote. It means that the people vote for that parliament and the president. Therefore, both institutions cannot dissolve each other. The parliament only responsible for adopting the laws, and the president responsible for enforcing the law, however, the president can veto law that are adopted by parliament id there are any special reason. For instance, in the United State the president is chief of executive and he or she hold all political power. He or she also serves as Commander in Chief of the Armed Forces. And he or she can also appoint the Cabinet and oversees the various agencies and departments of the federal government. Especially, he or she can veto the laws that are adopted by parliament.
The last but not least government system is the assembly government. In this system, it has president acts as head of state and the prime minister act as the head of government. It means that the president appoints the prime minister, and the prime minister chooses the other ministers who make up the Council of Ministers, but the president can hold on all political power. The president in this system comes from the people votes, but the prime minister comes from the parliament; therefore, both president and prime minister might come from difference political party. Therefore, executive power is shared between the President and the Prime Minister. For example, the president of France is considered as the head of state, and the prime minister is the head of government. The president manages France’s foreign affairs, but the prime minister directs the day-to-day operations of the government. It means that all the work that involve with the foreign countries must be the duties of president, and he or she take control over a specified area of ministries; whereas, the prime minister only take control over the local or nation matter.
About Cambodia, we uses the parliamentary government system to rule the country, as we can see we has the king acts as the head of states-symbol of nation and the prime minister act as the head of government-hold all the political power as stated in the Cambodia Constitution in Chapter 2 of the Article 7 and 8 and Chapter 10 Article 118. The below we will discuss more about the actual structure, functions, and responsibilities of the executive branch of the Cambodian Government branch of the Cambodia Government.
II. Cambodian Executive and Structure of Its Executive:
1. Cambodian Executive:
Cambodia is a country that adopts the policy of Liberal Democracy and Pluralism and all the power is belong to the people. The people can exercise their power through the National Assembly, Senate, Royal Government and Judiciary institutions. All those institutions are separated into three branch of power such as Legislative power (the National Assembly and the Senate), Executive power of Cambodia.
The executive branch of Cambodian government is known as the Royal Government of Cambodia (RGC). The Royal Government of Cambodia is established with the reference to the article 119 of the Cambodia Constitution that is stated “At the recommendation of the Chairman and with the agreement of both Voice-Chairman of the National Assembly, the king shall designate a dignitary from among the representatives of the winning party of form the Royal Government of Cambodia. This designated representative along with other members chosen from the political parties or represented in the National Assembly to ask for vote of confidence. After the National Assembly has given its vote of confidence, the king shall issue a Royal Decree appointed the entire Council of Ministers.”
Moreover, all the members of the Council of Ministers who are designated must hold their position as the member of Royal Government for five year term, and they must be responsible corporately to the National Assembly for the general policies of the Royal Government; and for the individual member of the Royal Government must responsible to the Prime Minister and National Assembly by his or her own conduct. (Article 122 of the Cambodia Constitution)
All the member of the Royal Government of Cambodia consist of a Prime Minister who is the head of government or chairman of the Cabinet, follows by the Deputy Prime Minister who is the voice-chairman of the Royal Government or voice-chairman of the Cabinet, and the State Ministers, Ministers, and State Secretaries who are members and responsible for the Ministries department that they are taking care of. All of them must responsible to the legislature and must resign when they lose a vote of confidence.
2. Cambodian Executive Strudure:
a. Prime Minister:
Prime Minister is responsible to lead manage and sign on commercial agreements such as agreement on economic, cultural, scientific and technical cooperation, and national defense with foreign countries. However, he or she can delegate power to any member of the royal government to work or sign on those agreements if he or she is not available or temporary absence. Commonly, the Prime Minister signs on all things that have been adopted by the Council of Ministers that will be enacted as Anukret, Decisions or Circulars. All norms and standards of the Royal Government that will have general effects must be published in the King’s Affairs Bulletins. Moreover, according to the article 14 of the Law on July 20, 1994 about the Organization of the Council of Ministers stated that Prime Minister can also makes proposals for appointments, transfer and dismissal by Kret of High-ranking officers of the civil servants and militaries as follows:
E Members of the royal government.
E Administrators, Vice- Administrators of the National Bank of Cambodia.
E Under Secretaries of State.
E Advisers of the royal government, Advisers of the Prime Minister.
E General Secretaries of the royal government.
E General Secretaries of the ministries- General Directors of the ministries.
E Delegates of the royal government.
E Governors of the provinces and municipalities.
E Royal Ambassadors.
E Extraordinary and plenipotentiary precepts.
E Chief of the General Staff (of Armed Forces).
E Ranks from General and up.
By submitting those proposal to the National Assembly for approval and for this purpose the Prime Minister may request the National Assembly to meet in extra-ordinary session. When the National Assembly approve the appointments, the proposals will be submitted to the Majesty the King for the issue of Kret; additionally, the Prime Minister can also do the same thing as above like appoint, transfer, and demise by Anukret of the civil servants, military, diplomatic corps, and deputy governors of provinces and municipalities and governors (chiefs) of districts, except only for the ranks below the chiefs of departments that must be appointed by Prakas as the heads of ministries.
b. Deputy Prime Minister:
Deputy Prime Minister is a member of the royal government who has priority in the arrangement place above other members of the government, and he or she will support the Prime Minister’s in accordance with the delegation of power made directly face to face by the Prime Minister. Additionally, Deputy Prime Minister has no any power to decide on any matters concerning with the general principles of the royal government, if there is no approval from the Prime Minister. In case the Prime Minister is temporarily absent or incapable to exercise his or her power, the Deputy Prime Ministers will serve as acting Head of the Government by the delegation power from the Prime Minister as well. (Article 18 and 19 of Law on July 20, 1994 about the Organization of the Council of Ministers)
c. State Minister, Minister and Secretary of State:
State Ministers or Ministers who take responsible over the ministries are call heads of ministries, and he or she manage all work of ministries along with directing all the officers and staff members of the civil servants who are subordinate of institutions within the cadre of its competent as specified in the law. However, in case any ministries are headed by a Minister and a Secretary of State, Minister will be head of ministry, and the Secretary of State must work as the vice-head of ministry, and will have to comply with duties to him or her by the Minister. The Minister will have to consult with the Secretary of State before hand, prior to make any final decision about the important task of the ministry. Furthermore, state minister or minister can have power to raise proposals for the appointment, transfer and dismissal in accordance with the procedure in force of officials in their respective ministries from the ranks of Chiefs of departments, Colonels or their equivalents and up. He or she can also have power to appoint, transfer and dismiss by issuing Prakas of head of ministry, his subordinates officials, for the ranks from below the chiefs of departments and down, in conformity with the State of Public Functions.
d. Undersecretary of State:
Under Secretary of State is a position that is appointed by Kret following the proposal of the Prime Minister, and the Under Secretary of State is neither member of the Royal Government nor permanent agent of the Administration. Nevertheless, when the Royal Government is resigned or dissolved, the Under Secretary of State will also be resigned. Generally, under secretary must assist the affairs in such ministry in compliance with the duties assigned to him or her by the head of ministry.
III. The function of Executive
The main function of the executive is to enforce law and to do what is instructed to do by Legislative branch:
- Assures the internal and external security of the state by maintaining a police force and armed forces when instructed to do so by the Legislative Branch according to its rules, Ensure Peace and Stability.
- Determine the policy of the nation which is adopted by the National Assembly and assure the application of law.
- Shall govern command and use thee Military, Police, Armed forces and the administration for the implementation of all activities.
- Shall manage general affairs of states in compliance with the Political Program and the state’s plan which have been adopted by the National Assembly.
- responsible for executing the regulating legislation drafted by the Legislative Branch to guide the many sectors of the economy, notably the Military, the labor force (e.g. by enforcing labor laws), agriculture, transportation, energy provision, housing and construction (e.g. by issuing building permits), culture, education, environment protection, health promotion of research and science, operation of nationalized industries , commerce in general (e.g. by enforcing minimum standards, and notably by issuing a currency)
- Cooperate with International Organization to repatriate and resettle Cambodia refugees into the society.
- Protect the freedom of its citizenry as granted in the constitution, it’s strongly opposes racial hatred.
- Supports freedom of the’ press, freedom of expression and of assembly, which freely contribute to social and political conscience. In order to seek time, freedom and color of opinions, public forums are encouraged to take place.
- Ensure freedom, national interest, justice, harmony, and social sustainability.
- Fight against the corruption as its matter of priority.
- Should bravely defend the national independence, sovereignty, and territorial integrity to maintain peace, security, and to enforce and order.
- Royal Government would not manage the market but it would support it, it would grant to private sector the right of self-determination on productivity, investment and expenditure.
- Improve economic management mechanism and structure to ensure efficiency and transparency to cope with corruption and violation of law.
- Continue the rehabilitation of national infrastructure.
IV. Government responsibility
1. Criminal responsibility
- Article 121 New (previously Article 102):
Members of the royal government shall be collectively responsible to the National Assembly for the overall policy of the Royal Government.
Each member of the Royal Government shall be individually responsible to the Prime Minister and the National Assembly for his/her own conduct.
- Article 126 New (previously Article 107)
Each member of the Royal Government shall be punished for any crime or misdemeanor that his/her committed in the course of him/her duty.
In such cases and when he/she has committed serious offenses in the course of his/her duty, the National Assembly may decide to file lawsuit against him/her to the competent court.
The National Assembly shall decide on such matter through a secret vote by the absolute majority of the entire National Assembly membership.
In the article 121 the prime minister not only confiscates the position, but also sues their member about committing crime. In contrast, in the article 126, the National Assembly has two choices for suing the Royal Government members. First, the National Assembly can punish Royal Government member who is already punished by the prime minister. Second, the National Assembly cans complaint the Royal Government member who not punishes the prime minister yet1.
2. Political Responsibility
Responsible for the politics is the good way that allows the National Assembly to evaluate the Royal Government. Royal Government will be dismissed, if the National Assembly confiscates back the reliability. This point related to approving of motion of censures. The election to approve motion of censure have considered as good way to force the Royal Government to explain their politic. According to this method, all works of the executive have strictly controlled or monitored by deputies. And the concerning of the deputies has shown in the motion of censure2.
The relationship between executive and National Assembly of responding to the political have wrote in Article 98 that “The National Assembly shall dismiss any members of the Council of Minister, or dismiss the Royal Government by the adoption of a motion of censure by the absolute majority of the entire National Assembly membership.”
The motion of censure shall be proposed to the National Assembly by at least 30 deputies in order for the National Assembly to debate.
The differences between executive and it members of showing motion of censure to the National Assembly:
– If the motion is criticize the Royal government it shall be proposed to the National Assembly by at least 30 deputies in order for the National Assembly debate. It is approximately 25% of the National Assembly members and if difficult for Royal government to refuse their guilty. In this amount executive can avoid the censure and also escape from the National Assembly deadlock.
– If the motion is criticize the executive’s member, it will be proposed by only one deputy. The National Assembly need only the small amount likes this, because one member doesn’t cause any problems to the whole government, except the prime minister3.
3. Relation to the legislature branch
The legislature is responsible for approving the law of a state. The necessity to enforce a law is imposing the degree of cooperation between the legislature and executive. The legislature may vote “free beer for all”; the executive would be in its role to ask “who pays the brewer?” In some country the government has the power to veto some or all type of legislation, or can delay approval. In other parliamentary system the executive usually controlled by the parties that has a many seat in the legislature. This gives the executive control over the legislation which is passed, but this control is not completely use in democracy. Moreover, in presidential system, the executive and the legislature usually headed by different political parties, such as in United State, Canada, Australia….. And both sides must arrive at a compromise to allow the government continues the function4.
Normally, the legislature has a power role over the commitment of the government. And also it cans substitution the head of government or ministers by vote of confidence or a procedure of impeachment. On the other hand, a legislature can refuse the cooperation with the executive by rejecting to vote a budget or starving the executive funds. That wise, it lead to dissolve the government and new election. In addition, the executive may also have the powers to issue legislation during a state of emergency5.
4. Relation to the Judicial branch
The judicial power should be independent power, but their judgment will consider by the supreme council of the magistracy, and the position of the judge will decide by the Minister of Justice. The Minister of Justice protects the independence of the judiciary from executive, such as the impossibility of the executive to dismiss a judge. So the judge can sentence anyone who commit crime without pressure although executive members. Judge may be expected not to take part in active politics themselves.6
Judicial power should guarantee and uphold impartially and protect the right and freedom of citizen. The three kinds of Cambodia’s court are Supreme Court, Appeal Court and Parliamentary Court or Municipal Court.
In the Ministry of Justice oversees the staff responsible for taking legal action in the public interest, for example enforcing Civil rights, Public safety policing cooperation, prosecuting them as any other criminal and protecting the interest of those who cannot protect themselves. The authority to perform these function are delegated by the legislature to be both the executive branch and the judiciary as required7.
The action of executive branch is follow by the advice of legislative branch and the judiciary acts as competent administrative to ensure agreement with the laws crafted by the legislative branch. The laws which apply specifically to the executive are know are as administrative law. The executive will be challenged in court for failure to comply with the decisions of the legislative branch. The legislative branch has the responsibility to supervise the executive of its laws and the compliance of the judiciary and the executive branch with them. The Ministry of Economic and Finance provide funding for courthouse, establishing and paying the salaries of judge8.
V. Conclusion
Index, according to Cambodia constitutional law, the separation of power, executive branch, is among of three branches exercised executive power with independent. It mean that it refer the government to the exercised to run of name of the country; furthermore, the Cambodia executive also has the structure of hierarchy from top to the lower, from prime minister, who is the head of the government, to the state of secretary, in addition in executive branch it has prime minister who is appoint by the national assembly and his capitates who are nominate by the PM and vote by national assembly.
The executive also has main function to effuse the law to do what is instructed to do by legislative; moreover, it also has some responsibility to be a criminal cause, politics, drafting the law and some relationship to legislative branch as the judicial branch. Therefore, executive is important, especially government to run or control the country to be stable prosperity and development as it mentioned in their function and responsibility.
