Executive II(Powers) Flashcards
What are prerogative powers in the context of the UK executive?
Prerogative powers originated as the personal powers of the Monarch but are now largely exercised by ministers.
How did the Case of Proclamations (1611) and Case of Prohibitions (1607) impact prerogative powers?
These cases limited the monarch’s power, affirming that the king has no prerogative beyond the law.
What is the significance of the Bill of Rights 1689 regarding prerogative powers?
The Bill of Rights 1689 further restricted prerogative powers post-Glorious Revolution.
How did the GCHQ case (1985) affect the judicial review of prerogative powers?
The Council of Civil Service Unions v Minister for the Civil Service (GCHQ case, 1985) allowed for judicial review of prerogative powers.
What change did the Dissolution and Calling of Parliament Act 2022 introduce?
It restored the monarch’s power to dissolve Parliament, repealing the Fixed-term Parliaments Act 2011.
What is the difference between “may” and “must” in statutory powers?
“May” indicates discretion, while “must” indicates mandatory actions by the executive.
Can you give an example of statutory duties?
The Climate Change Act 2008 specifies legally enforceable mandates, serving as an example of statutory duties.
What are contractual powers of the government?
Contractual powers refer to the government’s power for routine administrative functions, like procuring supplies, not explicitly outlined in law.
What ensures political accountability within the UK executive?
Confidence and Collective Ministerial Responsibility ensure political accountability, requiring the government to maintain the confidence of the House of Commons.
What is Individual Ministerial Responsibility?
Ministers are accountable for their departments’ actions and must ensure accuracy and truthfulness in parliamentary dealings.
What does the Ministerial Code outline?
The Ministerial Code sets out conduct standards for ministers, with updates reflecting changes in administration or significant events.
Are prerogative and statutory powers subject to judicial review?
Yes, both statutory and prerogative powers are subject to judicial review, ensuring actions remain within legal bounds.
What limits the scope of judicial review regarding the UK executive’s actions?
The scope of review depends on the issue’s justiciability, with areas like foreign affairs often deemed non-justiciable.
What is the European Union (Notification of Withdrawal) Act 2017 an example of?
It is an example of statutory power allowing the PM to notify the EU of the UK’s intention to withdraw.
What are the Cabinet Manual and Ministerial Code considered as?
They are considered soft law documents guiding the operation of government and ministerial conduct.
