Executive
prerogative
By Carl R.
ToersBijns
What does the phrase “executive prerogative” mean to you as a
leader, an executive officer or supervisor? What other words are associated
with such a phrase and how do you put that into content and context? The answer
might surprise you as it’s not as simple as it sounds. Many don’t realize that
there exists a direct conflict between the rule of law and executive
prerogative thinking or action.
Prerogative power is executive power that is based on discretion
rather than laws or policies in place. It has been used and abused for various
reasons to justify the public good and can often run against the grain of
existing laws. This contradiction is something difficult to understand but in
all actuality commonly used to justify the executive going against the law to
attain a desired outcome or result.
Does this lead to cases where the law is being subverted
intentionally and in a criminal manner or motive instead of being the morally
right thing to do? Can executive prerogative orders be used to maintain
national security or the security of another government entity if the
leadership desired to invoke such an order? The answer is yes, for this
discretionary decision making is often not subject to review by those that
embrace the concept and its uses. It is however, not without dire consequences
as rule of law still maintains the high ground on such matters.
Making this clear, prerogative decisions can and do often
re-interpret laws, policies and mandates and sabotaging key provisions
established for just reason and cause. Circumventing laws can be justified in
cases of national security and other confidential or secret transactions and is
therefore aggressively pursued by those who can impose this management or political
tool without question at the beginning of such an act.
The use of such power is therefore inherently
problematic since it can circumvent laws and other mandates in a most political
way. It may be used as an appeal for righteousness and bring matters of
conflict to a point that is irreversible in many ways as it can do harm as well
as good.
Thus executive prerogative actions seek to
supersede legislative or policy powers and particularly applied to many parts
of government or organizational functions. It upsets the checks and balances of
such a democratic process and makes it supreme over existing laws and
practices.
Where does the danger lie in the use of
prerogative powers? Is it absolute and uncontrolled? We have experienced vast
and expansive power grabs by the use of such a method and it has been
established that many people don’t realize the far reaching impact on the use
of such power.
Generally speaking, political leaders have
aggressively asserted this concept with the approval of their constituents
under the name of handling a crisis or unprepared or planned event.
Unfortunately, with these tacit approvals of
how to conduct business or rule of law [although the prerogative may contradict
the law] many of these types of decisions become decisions of regret. For it is
always best practices to adhere to the rule of law and reject the use of this
absolute power tool as it does not belong within a democratic system or any
other system that is designed for public service or custodial care.
Source:
http://polsci101.wordpress.com/2009/10/30/prerogative-executive-power-and-the-rule-of-law/
December 14, 2012
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