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Independence under separation of powers The Issue: Can the legislative branch establish its own finance and accounting office to handle and control expenditure of its own purse? Our View: Under the concept of separation of powers, such consti
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Posted on Nov 22 1999
At the inception of our constitutional government in 1978, revenue generation took a plunge beyond our wildest imaginings. It was the beginning of self-government whose revenue came tumbling down when the seat of the former TT government relocated to Pohnpei.
Key players agreed that in view of the obvious lack of revenue, accounting of legislative funds will stay with the department of finance in the executive branch. It was a prudent decision to protect our dwindling financial resources. It was never intended to usurp the concept of a republican form of government with three separate and independent branches. It was purely a financial decision.
We’ve gone around in circles on an issue that is really a constitutional authority of the legislature to control its own purse. No matter an earlier decision for accountability on the part of the executive branch, in no way must this authority (under the concept of separation of powers) be infringed or compromised. We must give unto Caesar what’s Caesar’s.
If there are superficial constitutional or statutory provisions granting the executive such authority, it is as unconstitutional and illegal as you wanted it to be. It compromises the independence of the legislative and judicial branches of government and makes a mockery of the concept of separation of powers. Regardless of how we may feel of each branch (legislative and judiciary) controlling their own funds, such is an authority so granted under the separation of powers.
There may be premature concerns about over-expenditure of public funds if and when the legislature controls its own purse. But the system provides for a safety net where abusers will have to account for running deficit spending. If anything, the legislative branch can proceed to establish its own finance and accounting or budget office forthwith. It need not buckle to non-constitutional experts nor fear litigation. It’s an authority of independence solely reserved to each separate branch that we find under a republican form of government. Si Yuus Maase`!
