Central Government and devolved institutions Flashcards
How is the prime minister chosen?
Parliament decides
The prime minister wants to appoint a businessman, who is not an MP, as secretary of state for employment. Is this possible?
Legally, yes, but by convention, no
What is the ministerial code?
Codified conventions for government ministers
How are government ministers chosen?
Chosen by convention from the MP’s and Lords of the majority party in the Commons.
Are ministers held to account for the actions of their staff?
Yes
Do ministers have immunity from the law?
No
What matters can the Scottish Parliament NOT make laws on?
- Matters outside of Scotland or contrary to the European Convention on Human Rights
- The Scotland Act itself, Human Rights Act, European Communities Act and EU (Withdrawal) Act
- Reserved Matters
What are the reserved matters?
Constitutional matters, foreign affairs, civil service, defence and treason. There are also reservations for financial and economic matters, home affairs, trade and industry, energy, transport, social security, employment and health.
Does Scotland have a separate legal system? And Wales?
Scotland yes, Wales no
What is the Sewel convention?
UK Parliament will not legislate on devolved matters, and if it wishes to do so, it normally requires approval from the devolved parliament. However, if this is refused, UK has supremacy and can legislate anwyay.
The prime minister wishes to appoint a key adviser as a Cabinet minister. The appointment of ministers is governed by convention.
Which of the following conventions would govern this appointment?
A. The adviser must be a member of the House of Commons or the House of Lords.
B. The adviser must be a member of the House of Commons.
C. The adviser must be nominated by the Cabinet.
D. The adviser must be nominated by the prime minister’s political party.
E. The adviser must be a member of the House of Lords.
A. The adviser must be a member of the House of Commons or the House of Lords.
A civil servant in the Home Office authorises the unlawful deportation of an alleged illegal immigrant.
Which of the following is the most appropriate person against whom legal action should be taken?
A. The civil servant.
B. Her Majesty’s government.
C. The secretary of state for home affairs.
D. The attorney general.
E. The prime minister.
C. The secretary of state for home affairs.
A government minister has been convicted for driving while disqualified. The prime minister seeks advice upon whether he must require the minister to resign. A solicitor consults the Ministerial
Code to advise the prime minister.
Which of the following best describes the position under the code?
A. The minister must resign if he commits a criminal offence.
B. The minister must resign if he is in breach of collective responsibility.
C. The minister must resign if he is in breach of Cabinet confidentiality.
D. The minister must resign if he compromises the political impartiality of the Civil Service.
E. The minister must resign if he knowingly misleads Parliament.
E. The minister must resign if he knowingly misleads Parliament.
The first minister of Northern Ireland wishes to appoint a member of his political party, John, as a minister.
Which of the following best describes the procedure for doing this?
A. The first minister nominates John and the monarch appoints him.
B. The first minister appoints John.
C. The first minister appoints John with the agreement of the deputy first minister.
D. A political party in the Northern Ireland Assembly nominates John.
E. The first minister appoints John with the agreement of the secretary of state for Northern Ireland.
D. A political party in the Northern Ireland Assembly nominates John.
An Act of the Scottish Parliament is passed, with a simple majority, declaring that Scotland is an independent country and no longer part of the UK.
Which of the following best describes the effect of this Act?
A. The Act would only be law in Scotland.
B. The Act would not be law because it is outside the legislative competence of the Scottish Parliament.
C. The Act would not be law because a two-thirds majority of the Scottish Parliament is required.
D. The Act would be law if the Supreme Court agreed.
E. The Act would be law for all of the UK.
B. The Act would not be law because it is outside the legislative competence of the Scottish Parliament.
