Introduction
The Legislature as an independent arm of government, is charged with the principal roles of lawmaking, representation, and oversight. In exercising these roles, the Legislature interacts significantly with the executive and judicial arms of government, compelling the execution of its policies and enacting laws for interpretation. The challenge lies in striking a balance among these political powers, which is pivotal to true democratic governance.
This essay will examine in detail the balance of power and the interrelation between the Legislature and other arms of government. We will explore the practicality of legislative independence in fulfilling its political roles while interacting with other branches.
The essay will analyze points of conflict and tension between the Legislature and other government branches, offering potential solutions to mitigate these conflicts and recommend that, to achieve balance, the principle of separation of powers and checks and balances must be put into practice rather than remaining theoretical concepts.
Intersection Between Legislative and Executive Roles: A Delicate Dance.
There’s always a tie in the intersection Legislature’s role and the Executive’s responsibilities. This point of convergence lies in two pounds: in Legislative oversight and executive accountability; and in Executive influence on legislation and Legislature’s activities.
a. Legislative Oversight and Executive Accountability
The core intersection between the Legislature and Executive arms, is on oversight function and the accountability of the executive. This is evidential in the setting of standing and ad hoc committees, that checks the activities of the executives and reports same in the House. An instance of this oversight function, is the establishment of the Public Accounts Committee in the National Assembly which supervises government’s expenditures and operations.
The most conspicuous point of this intersection of roles, is in the approval of budgets and financial scrutiny. The presentation of budget bills for the next year is always anticipated in the end of every year in both National and State Houses of Assemblies. In this regular instance, the bill for the executive’s spending lies on the floor of the house, subject to its approval and scrutiny.
The Legislature will reserve the power to examine the proposals and possibly the financial reports, such as the annual budget review process in Nigeria by the National Assembly which meticulously review and amend budget proposals from the executive before approval, ensuring allocations align with national priorities.
In exercising this oversight function, the Legislature’s tool always involves the process of summoning and demanding that the executive be accountable in performing its roles, the power to vote for no confidence (though not frequently used in Nigeria), and the use of its impeachment powers granted to it by the Constitution of the Federal Republic of Nigeria 1999 (As amended).
An explosive instance of this intersection is the investigation by the National Assembly in 2020, over allegations of mismanagement and corruption by the Niger Delta Development Commission (NDDC). The House of Representatives Committee on NDDC held hearings, questioned officials, and reviewed documents. It was this probe that brought to light significant issues within the NDDC, leading to increased public awareness and calls for reforms.
b. Executive Influence on Legislation and Legislative Activities.
The other arm of this intersection lies on the executive influence on legislations and legislative activities. Legally the norm requires that even after the legislature has exercises its powers to enact laws or legislations, the potentiality of those would be laws often christened as bills, are subject to the assent of the executive.
The executive can introduce bills and thereby demand the legislature to pass it into law. In these instances, there is a crystal possibility of influencing the policies the legislature, and the executive placing it’s priorities on the legislative’s agenda.
Another area where this influence occurs is in the appointment of executive officers and confirmation of their appointments. While it’s the role of the legislature to confirm the Presidential or Governors’ appointment, there’s a possibility of manipulating this confirmation process to ensure a favour on the other side.
The questions that begs for answer in these instances is whether the legislative still remains independent in exercising its oversight functions and in enactment of the legislations. We shall consider this question in the light of a system where there is no revenue account for the legislature, where their salaries are paid by the executive and the legislators are at the mercy of them being suspended, where the executive wields so much power and can be autonomous.
What then is the fate of Separation of Power and efficiency in Checks and balances by the Legislature?
Relationship of the Legislature and Judiciary.
A significant connection between the Legislature and the Judiciary involves the enactment of legislation and the interpretation of those laws. While the Legislature enacts laws, the Judiciary’s role is to interpret and decide cases based on those laws. This interaction helps ensure that laws are constructed in a manner that facilitates easy interpretation of the Legislature’s intent when resolving issues that arise.
There are instances where there may be gaps or incompleteness in the law that necessitate amendments. In such cases, the courts, guided by principles of equity, will not allow a wrong to go without a remedy. This often results in the judiciary creating case law, which has binding authority. Sometimes, legislative enactments are informed by the decisions of the courts on specific matters.
Several court rulings on electoral disputes have led to significant amendments in the Electoral Act, aimed at enhancing the electoral process and addressing previously identified legal loopholes.
Another point of relationship between the Legislature and the Judiciary is judicial review. Through judicial review, the Judiciary monitors the activities of the Legislature, pruning and invalidating any unconstitutional action. This ensures that the Legislature’s actions remain within constitutional bounds and protect the rights of individuals and groups. For instance, the Supreme Court has the power to review and nullify legislative actions that violate the constitution.
Inter-branch Conflicts between the Legislature and Other Arms of Government.
The possibility of conflicts in the exercise of powers between the arms of government is seemingly unavoidable. The first point of this conflict can arise when the National Assembly and the Executive disagree over budget allocations and spending priorities. Another battle can occur when the Executive resists the oversight functions of the Legislature, leading to political standoffs.
This was evident in the investigation of the Niger Delta Development Commission (NDDC) by the National Assembly, where the Executive’s reluctance to cooperate led to significant tension.
In the case of the Judiciary, one possible conflict is when the Judiciary invalidates legislation passed by the Legislature, declaring it unconstitutional. This can lead to significant friction, as seen in instances where courts have invalidated or declared unconstitutional, laws related to electoral reforms or human rights, and thereby prompting legislative pushback.
For example, in Nigeria, there have been cases where the Supreme Court’s decisions have invalidated laws or legislative actions, causing tension and calls for judicial reforms from lawmakers.
Challenges to Legislative Independence.
Legislative independence is plagued with hindrances that pose significant difficulties in navigating its role in ensuring a functioning democracy. These challenges often stem from the influence of other arms of government.
One significant challenge to legislative independence is the influence and control exerted by the executive arm. This is manifest in the Executive controlling the budget for the Legislature, influencing the appointment of key legislative officials, or using patronage to sway legislative decisions. In Nigeria, the Executive’s influence over legislative salaries and benefits can create dependency and compromise legislative independence.
Another key factor that can inhibit legislative independence includes political party dynamics, particularly when the ruling party controls both the Executive and the majority in the Legislature, thereby rendering the Legislature a possible rubber stamp for the Executive’s agenda. Additionally, internal divisions or factions can distract from its legislative roles and weaken its ability to act independently and effectively.
These challenges underscore the importance of maintaining a robust and autonomous legislative branch to uphold the balance of power and ensure effective democratic governance.
Conclusion
The balance of power between the Legislature and other arms of government is foundational to a functioning democracy. Achieving equilibrium among the three arms of government ensures no single branch dominates the other and thus uphold checks and balances. While inter-branch conflicts over budget allocations, oversight functions, or judicial reviews are inevitable, they test and reaffirm the limits and authorities of each branch.
Challenges to legislative independence, such as executive influence, political party dynamics, and resource limitations, threaten this balance. Addressing these issues requires reinforcing the Legislature’s autonomy and ensuring transparency and accountability.
Effective management of the interrelationship between the Legislature and other branches fosters a resilient and responsive democratic system, ensuring government accountability and adaptability to societal needs. Maintaining a balanced power structure is essential for safeguarding democracy.
About the Author
Michael Okafor C., Law Student Chukwuemeka Odumegwu Ojukwu University