My Life and Books (11) Branches of Government

From my study of political science, I had always known that in most modern systems have three branches of government.

1. Legislative Branch that makes laws.(Congress in the United States and Parliament in the UK).

2. Executive Branch that implements government policy (The President in the United States and Prime Minister and cabinet in the UK. It includes the bureaucracy managed and utilised by the president or prime minister to implement their policies of the government.

3. Judicial Branch that decides guilt and the meaning of the law (a system of judges and courts with a supreme court at the top in both the United States and the UK).

Most systems of government have some form of these three branches. In the days of kings and empires, the king or emperor would dominate the legislative and judicial branches. In the modern world, the executive has become the most powerful branch of government.

A big surprise when I studied the Torah was that two of the three branches of government were missing. This puzzle took some working through, as I had just assumed that God’s solution would need all three branches. Accepting that two branches were unnecessary was a big hurdle to get over, but eventually, it made sense.

No Legislative Branch
Therefore, an important insight is that no parliament or congress in the Torah. This dramatically changes political theology, although the reason is obvious once I thought about it. God does not want parliaments writing laws, even if the parliamentarians are believers trying to seek his will. Law is such an important issue that God decided to cut out the middleman. When Israel was becoming a nation in the new land, they needed a set of laws so they could live together in peace.

God revealed his Laws for Society directly to his people through Moses. He spoke to Moses on the mountain, and he wrote down God’s laws. God is perfectly wise, so the laws that he gives will be the best possible laws that could exist. Because we have his laws, we do not need any other laws. We do not need a parliament or congress to make up new laws.

The laws were applied by local judges who emerged within their communities. They were not appointed by someone from outside. Their wisdom was recognised in their community, so people would ask them to apply God’s law to their disagreement.

The judging processes were voluntary. Judges could not enforce their decisions. There was no process for that in the Torah. People would accept a judge’s decision because they accepted their wisdom. If they rejected the judge’s verdict, the judge could not make them comply with it.