Government 2, WASSCE (PRIVATE CANDIDATE), 2019

Question 1

 

Outline five limitations on the power of the legislature in the modern state.

 

Observation

 

This question was popular among the candidates. The candidates who attempted it performed poorly and scored low marks. Some candidates deprived themselves good marks by listing functions of legislature. Candidates were expected to provide the following answers to the question.

 

(i). Constitutional limitation/Supremacy of the Constitution: The legislature  cannot go beyond its powers as laid down in the country’s constitution.


(ii). Popular sovereignty: The watchful eyes of the electorate serve as a check on parliament when making laws.


(iii). Growth in the powers and role of the Executive: In some countries, most bills are initiated by the executive.


(iv). Party discipline/influence/supremacy:   The Parties sometimes impose/influence   decisions of their members in Parliament.


(v). Treaties and obligations: Indeed the legislature must respect International treaties, conventions and obligations to which the country is a signatory.


(vi). Delegated legislations:  The increasing use of delegated legislation with no effective control by the legislature is a limitation.


(vii) Judicial decisions/review:  Judicial decisions/review of the laws passed by the legislature occasionally lead to changes in the laws.


(viii). Pressure groups/Civil Society Organizations:   Some interest groups may use various methods like lobbying to influence the passage of certain laws in their favour.

(ix). Time constraint: Modern legislatures do not have sufficient time to scrutinize and thoroughly debate all bills because of increasing volume of work.


(x). Inadequate funding:  The executive can deliberately starve the parliament of funds.(xi)    The use of veto powers by the Executive: The President has the constitutional powers to veto bills passed by the legislature.


(xii). Standing rules/standing orders of the House: Legislature has internal rules/standing orders that limit their activities or actions.


(xiii). Emergency situation: The President can declare curfew during emergency period without formal approval from the legislature.


(xiv). Vested interest groups: Traditional rulers, the military, the intelligentsia, student associations can pressurize the legislature to make or unmake laws.