THREE BRANCHES OF

GOVERNMENT
- GROUP 5 REPORT
 THE EXECUTIVE
• IN POLITICAL SYSTEMS BASED ON THE PRINCIPLE
• IS THE ORGAN EXERCISING AUTHORITY IN
AND HOLDING RESPONSIBILITY FOR
THE GOVERNANCE OF A STATE. THE
EXECUTIVE EXECUTES AND ENFORCES LAW.
• THE EXECUTIVE CAN BE THE SOURCE OF
CERTAIN TYPES OF LAW, SUCH AS
A DECREE OR EXECUTIVE ORDER. EXECUTIVE
BUREAUCRACIES ARE COMMONLY THE
SOURCE OF REGULATIONS.
OF SEPARATION OF POWERS, AUTHORITY IS
DISTRIBUTED AMONG SEVERAL BRANCHES
(EXECUTIVE, LEGISLATIVE, JUDICIAL)—AN ATTEMPT
TO PREVENT THE CONCENTRATION OF POWER IN
THE HANDS OF A SMALL GROUP OF PEOPLE. IN
SUCH A SYSTEM, THE EXECUTIVE DOES NOT PASS
LAWS (THE ROLE OF THE LEGISLATURE) OR
INTERPRET THEM (THE ROLE OF THE JUDICIARY).
INSTEAD, THE EXECUTIVE ENFORCES THE LAW AS
WRITTEN BY THE LEGISLATURE AND INTERPRETED BY
THE JUDICIARY. THE EXECUTIVE CAN BE THE SOURCE
OF CERTAIN TYPES OF LAW, SUCH AS
A DECREE OR EXECUTIVE ORDER. EXECUTIVE
BUREAUCRACIES ARE COMMONLY THE SOURCE
OF REGULATIONS.
IN THE WESTMINSTER POLITICAL SYSTEM, THE PRINCIPLE OF
SEPARATION OF POWERS IS NOT AS ENTRENCHED AS IN
SOME OTHERS. MEMBERS OF THE EXECUTIVE,
CALLED MINISTERS, ARE ALSO MEMBERS OF THE
LEGISLATURE, AND HENCE PLAY AN IMPORTANT PART IN
BOTH THE WRITING AND ENFORCING OF LAW.
IN THIS CONTEXT, THE EXECUTIVE CONSISTS OF A LEADER(S) OF AN OFFICE OR MULTIPLE OFFICES.
SPECIFICALLY, THE TOP LEADERSHIP ROLES OF THE EXECUTIVE BRANCH MAY INCLUDE:
HEAD OF STATE – OFTEN THE SUPREME LEADER, THE PRESIDENT OR MONARCH, THE CHIEF PUBLIC
REPRESENTATIVE AND LIVING SYMBOL OF NATIONAL UNITY.
HEAD OF GOVERNMENT – OFTEN THE DE FACTO LEADER, PRIME MINISTER, OVERSEEING THE
ADMINISTRATION OF ALL AFFAIRS OF STATE.
DEFENCE MINISTER – OVERSEEING THE ARMED FORCES, DETERMINING MILITARY POLICY AND
MANAGING EXTERNAL SAFETY.
INTERIOR MINISTER – OVERSEEING THE POLICE FORCES, ENFORCING THE LAW AND MANAGING
INTERNAL SAFETY.
FOREIGN MINISTER – OVERSEEING THE DIPLOMATIC SERVICE, DETERMINING FOREIGN POLICY AND
MANAGING FOREIGN RELATIONS.
FINANCE MINISTER – OVERSEEING THE TREASURY, DETERMINING FISCAL POLICY AND
MANAGING NATIONAL BUDGET.
JUSTICE MINISTER – OVERSEEING CRIMINAL PROSECUTIONS, CORRECTIONS, ENFORCEMENT OF
COURT ORDERS.
 IN A PRESIDENTIAL SYSTEM, THE LEADER OF THE EXECUTIVE
IS BOTH THE HEAD OF STATE AND HEAD OF
GOVERNMENT. IN A PARLIAMENTARY SYSTEM,
A CABINET MINISTER RESPONSIBLE TO THE LEGISLATURE IS
THE HEAD OF GOVERNMENT, WHILE THE HEAD OF STATE IS
USUALLY A LARGELY CEREMONIAL MONARCH OR PRESIDENT
THE LEGISLATIVE/LEGISLATURE
- HAVING THE POWER TO MAKE LAWS.
• IS A DELIBERATIVE ASSEMBLY WITH
THE AUTHORITY TO MAKE LAWS FOR
A POLITICAL ENTITY SUCH AS
A COUNTRY OR CITY.
• LEGISLATURES FORM IMPORTANT PARTS OF
MOST GOVERNMENTS; IN THE SEPARATION
OF POWERS MODEL, THEY ARE OFTEN
CONTRASTED WITH
THE EXECUTIVE AND JUDICIAL BRANCHES OF
GOVERNMENT.
• LAWS ENACTED BY LEGISLATURES ARE
KNOWN AS PRIMARY LEGISLATION.
• THE MEMBERS OF A LEGISLATURE ARE
CALLED LEGISLATORS. IN A DEMOCRACY,
LEGISLATORS ARE MOST COMMONLY
POPULARLY ELECTED, ALTHOUGH INDIRECT
ELECTION AND APPOINTMENT BY THE
EXECUTIVE ARE ALSO USED, PARTICULARLY
FOR BICAMERAL LEGISLATURES FEATURING
AN UPPER CHAMBER.
NAMES FOR NATIONAL LEGISLATURES INCLUDE
"PARLIAMENT", "CONGRESS", "DIET", AND
"ASSEMBLY", DEPENDING ON COUNTRY.
 THE POWER OF LEGISLATIVE

• LEGISLATURES VARY WIDELY IN THE AMOUNT OF POLITICAL POWER THEY WIELD, COMPARED
TO OTHER POLITICAL PLAYERS SUCH AS JUDICIARIES, MILITARIES, AND EXECUTIVES. IN 2009,
POLITICAL SCIENTISTS M. STEVEN FISH AND MATTHEW KROENIG CONSTRUCTED A
PARLIAMENTARY POWERS INDEX IN AN ATTEMPT TO QUANTIFY THE DIFFERENT DEGREES OF
POWER AMONG NATIONAL LEGISLATURES. THE GERMAN BUNDESTAG, THE ITALIAN
PARLIAMENT, AND THE MONGOLIAN STATE GREAT KHURAL TIED FOR MOST POWERFUL, WHILE
MYANMAR'S HOUSE OF REPRESENTATIVES AND SOMALIA'S TRANSITIONAL FEDERAL
ASSEMBLY (SINCE REPLACED BY THE FEDERAL PARLIAMENT OF SOMALIA) TIED FOR LEAST
POWERFUL.
• SOME POLITICAL SYSTEMS FOLLOW THE PRINCIPLE OF LEGISLATIVE SUPREMACY, WHICH
HOLDS THAT THE LEGISLATURE IS THE SUPREME BRANCH OF GOVERNMENT AND CANNOT BE
BOUND BY OTHER INSTITUTIONS, SUCH AS THE JUDICIAL BRANCH OR A
WRITTEN CONSTITUTION. SUCH A SYSTEM RENDERS THE LEGISLATURE MORE POWERFUL.
• IN PARLIAMENTARY AND SEMI-PRESIDENTIAL SYSTEMS OF GOVERNMENT, THE EXECUTIVE IS
RESPONSIBLE TO THE LEGISLATURE, WHICH MAY REMOVE IT WITH A NO VOTE OF
CONFIDENCE CONFIDENCE. ON THE OTHER HAND, ACCORDING TO THE SEPARATION OF
POWES DOCTRINE, THE LEGISLATURE IN A PRESIDENTIAL SYSTEM IS CONSIDERED AN
INDEPENDENT AND COEQUAL BRANCH OF GOVERNMENT ALONG WITH BOTH
THE JUDICIARY AND THE EXECUTIVE.
• LEGISLATURES WILL SOMETIMES DELEGATE THEIR LEGISLATIVE POWER
TO ADMINISTRATIVE OR EXECUTIVE AGENCIES.
IN BICAMERAL LEGISLATURES,
ONE CHAMBER IS USUALLY
CONSIDERED THE UPPER
HOUSE

THE AUSTRALIAN SENATE, ITS

UPPER HOUSE
 WHILE THE OTHER IS
CONSIDERED THE LOWER
HOUSE.

The British House of Commons, its lower house. The German Bundestag, its theoretical lower
house.
• THE TWO TYPES ARE NOT RIGIDLY
DIFFERENT, BUT MEMBERS OF UPPER HOUSES
TEND TO BE INDIRECTLY ELECTED OR
APPOINTED RATHER THAN DIRECTLY ELECTED,
TEND TO BE ALLOCATED BY ADMINISTRATIVE
DIVISIONS RATHER THAN BY POPULATION,
AND TEND TO HAVE LONGER TERMS THAN
MEMBERS OF THE LOWER HOUSE. IN SOME
SYSTEMS, PARTICULARLY PARLIAMENTARY
SYSTEMS, THE UPPER HOUSE HAS LESS
POWER AND TENDS TO HAVE A MORE
ADVISORY ROLE, BUT IN OTHERS,
PARTICULARLY PRESIDENTIAL SYSTEMS, THE
UPPER HOUSE HAS EQUAL OR EVEN
GREATER POWER.
• IN FEDERATIONS, THE UPPER HOUSE
TYPICALLY REPRESENTS THE FEDERATION'S
COMPONENT STATES. THIS IS A CASE WITH
THE SUPRANATIONAL LEGISLATURE OF
THE EUROPEAN UNION. THE UPPER HOUSE
MAY EITHER CONTAIN THE DELEGATES OF
STATE GOVERNMENTS – AS IN THE
EUROPEAN UNION AND
IN GERMANY AND, BEFORE 1913, IN THE
UNITED STATES – OR BE ELECTED
ACCORDING TO A FORMULA THAT GRANTS
EQUAL REPRESENTATION TO STATES WITH
SMALLER POPULATIONS, AS IS THE CASE
IN AUSTRALIA AND THE UNITED STATES
SINCE 1913.
 THE JUDICIARY
(ALSO KNOWN AS THE JUDICIAL SYSTEM, JUDICATURE, JUDICIAL BRANCH OR COURT SYSTEM
• IS THE SYSTEM OF COURTS THAT
INTERPRETS AND APPLIES THE LAW IN A
COUNTRY, STATE OR AN INTERNATIONAL
COMMUNITY.
• THE FIRST LEGAL SYSTEMS OF THE WORLD
WERE SET UP TO ALLOW CITIZENS TO
SETTLE CONFLICTS WITHOUT VIOLENCE.
• THE JUDICIARY MAINLY INTERPRETS AND
APPLIES THE LAW, BUT CAN IN SOME
SYSTEMS CREATE LAW.
• IS THE SYSTEM OF COURTS THAT INTERPRETS
AND APPLIES THE LAW IN THE NAME OF
THE STATE.
• CAN ALSO BE THOUGHT OF AS THE
MECHANISM FOR THE RESOLUTION OF
DISPUTES.
• UNDER THE DOCTRINE OF THE SEPARATION
OF POWERS, THE JUDICIARY GENERALLY
DOES NOT MAKE STATUTORY LAW (WHICH
IS THE RESPONSIBILITY OF THE LEGISLATURE)
OR ENFORCE LAW (WHICH IS THE
RESPONSIBILITY OF THE EXECUTIVE), BUT
RATHER INTERPRETS LAW AND APPLIES IT TO
THE FACTS OF EACH CASE. HOWEVER, IN
SOME COUNTRIES THE JUDICIARY DOES
MAKE COMMON LAW.
• IN MANY JURISDICTIONS THE JUDICIAL
BRANCH HAS THE POWER TO CHANGE
LAWS THROUGH THE PROCESS OF JUDICIAL
REVIEW.
• COURTS WITH JUDICIAL REVIEW POWER
MAY ANNUL THE LAWS AND RULES OF THE
STATE WHEN IT FINDS THEM INCOMPATIBLE
WITH A HIGHER NORM, SUCH AS PRIMARY
LEGISLATION, THE PROVISIONS OF
THE CONSTITUTION, TREATIES OR
INTERNATIONAL LAW.
• THE TERM "JUDICIARY" IS ALSO USED TO
REFER COLLECTIVELY TO THE PERSONNEL,
SUCH AS JUDGES, MAGISTRATES AND
OTHER ADJUDICATORS, WHO FORM THE
CORE OF A JUDICIARY
– (SOMETIMES REFERRED TO AS A "BENCH")
• THE JUDICIAL BRANCH IS EXPANDED TO
INCLUDE ADDITIONAL PUBLIC LEGAL
PROFESSIONALS AND INSTITUTIONS SUCH
AS PROSECUTORS, STATE
LAWYERS, OMBUDSMEN, PUBLIC
NOTARIES, JUDICIAL POLICE SERVICE
AND LEGAL AID OFFICERS
THE HISTORY OF JUDICIARY
 ARCHAIC ROMAN LAW (650-264 BC)
• MOS MAIORUM (WAY OF THE ANCESTORS)
WAS THE RULES OF CONDUCT BASED ON
SOCIAL NORMS CREATED OVER THE YEARS BY
PREDECESSORS. IN 451-449 BC, THE MOS
MAIORUMWAS WRITTEN DOWN IN
THE TWELVE TABLES.
• LEGES WERE RULES SET BY THE LEADERS,
FIRST THE KINGS, LATER THE POPULAR
ASSEMBLY DURING THE REPUBLIC. IN THESE
EARLY YEARS, THE LEGAL PROCESS
CONSISTED OF TWO PHASES. THE FIRST
PHASE, IN IURE, WAS THE JUDICIAL
PROCESS. ONE WOULD GO TO THE HEAD
OF THE JUDICIAL SYSTEM (AT FIRST THE
PRIESTS AS LAW WAS PART OF RELIGION)
WHO WOULD LOOK AT THE APPLICABLE
RULES TO THE CASE. PARTIES IN THE CASE
COULD BE ASSISTED BY JURISTS
 THEN THE SECOND PHASE WOULD START, THE APUD IUDICEM. THE
CASE WOULD BE PUT BEFORE THE JUDGES, WHICH WERE NORMAL
ROMAN CITIZENS IN AN UNEVEN NUMBER. NO EXPERIENCE WAS
REQUIRED AS THE APPLICABLE RULES WERE ALREADY SELECTED. THEY
WOULD MERELY HAVE TO JUDGE THE CASE
 PRE-CLASSICAL ROMAN LAW (264-27 BC)

• THE MOST IMPORTANT CHANGE IN THIS PERIOD WAS THE SHIFT FROM PRIEST TO PRAETOR AS
THE HEAD OF THE JUDICIAL SYSTEM. THE PRAETOR WOULD ALSO MAKE AN EDICT IN WHICH HE
WOULD DECLARE NEW LAWS OR PRINCIPLES FOR THE YEAR HE WAS ELECTED. THIS EDICT IS
ALSO KNOWN AS PRAETORIAN LAW
 PRINCIPATE (27 BC - 284 AD)

• THE PRINCIPATE IS THE FIRST PART OF THE ROMAN EMPIRE, WHICH STARTED WITH THE REIGN
OF AUGUSTUS. THIS TIME PERIOD IS ALSO KNOWN AS THE "CLASSICAL ERA OF ROMAN LAW" IN THIS
ERA, THE PRAETOR'S EDICT WAS NOW KNOWN AS EDICTUM PERPETUUM, WHICH WERE ALL THE EDICTS
COLLECTED IN ONE EDICT BY HADRIAN. ALSO, A NEW JUDICIAL PROCESS CAME UP: COGNITIO
EXTRAORDINARIA (LATIN FOR "EXTRAORDINARY PROCESS"). THIS CAME INTO BEING DUE TO THE
LARGESS OF THE EMPIRE. THIS PROCESS ONLY HAD ONE PHASE, WHERE THE CASE WAS PRESENTED TO A
PROFESSIONAL JUDGE WHO WAS A REPRESENTATIVE OF THE EMPEROR. APPEAL WAS POSSIBLE TO THE
IMMEDIATE SUPERIOR. DURING THIS TIME PERIOD, LEGAL EXPERTS STARTED TO COME UP. THEY STUDIED
THE LAW AND WERE ADVISORS TO THE EMPEROR. THEY ALSO WERE ALLOWED TO GIVE LEGAL ADVISE
ON BEHALF OF THE EMPEROR.
 DOMINATE (284-565 AD)

• THIS ERA IS ALSO KNOWN AS THE "POST-CLASSICAL ERA OF ROMAN LAW". THE MOST IMPORTANT
LEGAL EVENT DURING THIS ERA WAS THE CODIFICATION BY JUSTINIANUS: THE CORPUS IURIS
CIVILUS. THIS CONTAINED ALL ROMAN LAW. IT WAS BOTH A COLLECTION OF THE WORK OF THE
LEGAL EXPERTS AND COMMENTARY ON IT, AND A COLLECTION OF NEW LAWS. THE CORPUS IURIS
CIVILUS CONSISTED OF FOUR PARTS:
1. INSTITUTIONES: THIS WAS AN INTRODUCTION AND A SUMMARY OF ROMAN LAW.
2. DIGESTA/PANDECTAE: THIS WAS THE COLLECTION OF THE EDICTS.
3. CODEX: THIS CONTAINED ALL THE LAWS OF THE EMPERORS.
4. NOVELLAE: THIS CONTAINED ALL NEW LAWS CREATED.
 JUDICIAL SYSTEMS BY COUNTRY

• JAPAN
 JAPAN'S PROCESS FOR SELECTING JUDGES IS LONGER AND MORE STRINGENT THAN IN VARIOUS
COUNTRIES, LIKE THE UNITED STATES AND IN MEXICO. ASSISTANT JUDGES ARE APPOINTED FROM
THOSE WHO HAVE COMPLETED THEIR TRAINING AT THE LEGAL TRAINING AND RESEARCH INSTITUTE
LOCATED IN WAKO. ONCE APPOINTED, ASSISTANT JUDGES STILL MAY NOT QUALIFY TO SIT ALONE
UNTIL THEY HAVE SERVED FOR FIVE YEARS, AND HAVE BEEN APPOINTED BY THE SUPREME COURT OF
JAPAN. JUDGES REQUIRE TEN YEARS OF EXPERIENCE IN PRACTICAL AFFAIRS, AS A PUBLIC
PROSECUTOR OR PRACTICING ATTORNEY. IN THE JAPANESE JUDICIAL BRANCH THERE IS THE
SUPREME COURT, EIGHT HIGH COURTS, FIFTY DISTRICT COURTS, FIFTY FAMILY COURTS, AND 438
SUMMARY COURTS
 MEXICO

• JUSTICES OF THE MEXICAN SUPREME COURT ARE APPOINTED BY THE PRESIDENT OF MEXICO,
AND THEN ARE APPROVED BY THE MEXICAN SENATE TO SERVE FOR A LIFE TERM. OTHER
JUSTICES ARE APPOINTED BY THE SUPREME COURT AND SERVE FOR SIX YEARS. FEDERAL
COURTS CONSIST OF THE 21 MAGISTRATES OF THE SUPREME COURT, 32 CIRCUIT TRIBUNALS
AND 98 DISTRICT COURTS. THE SUPREME COURT OF MEXICO IS LOCATED IN MEXICO CITY.
SUPREME COURT JUDGES MUST BE OF AGES 35 TO 65 AND HOLD A LAW DEGREE DURING
THE FIVE YEARS PRECEDING THEIR NOMINATION.
 UNITED STATES

• UNITED STATES SUPREME COURT JUSTICES ARE APPOINTED BY THE PRESIDENT OF THE UNITED STATES AND
APPROVED BY THE UNITED STATES SENATE. THE SUPREME COURT JUSTICES SERVE FOR A LIFE TERM OR UNTIL
RETIREMENT. THE SUPREME COURT IS LOCATED IN WASHINGTON, D.C. THE UNITED STATES FEDERAL COURT
SYSTEM CONSISTS OF 94 FEDERAL JUDICIAL DISTRICTS. THE 94 DISTRICTS ARE THEN DIVIDED INTO TWELVE
REGIONAL CIRCUITS. THE UNITED STATES HAS FIVE DIFFERENT TYPES OF COURTS THAT ARE CONSIDERED
SUBORDINATE TO THE SUPREME COURT: UNITED STATES BANKRUPTCY COURTS, UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT, UNITED STATES COURT OF INTERNATIONAL TRADE, UNITED STATES COURTS
OF APPEALS, AND UNITED STATES DISTRICT COURTS.
• IMMIGRATION COURTS ARE NOT PART OF THE JUDICIAL BRANCH; IMMIGRATION JUDGES ARE EMPLOYEES OF
THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, PART OF THE UNITED STATES DEPARTMENT OF JUSTICE IN
THE EXECUTIVE BRANCH.
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