Executive powers Flashcards
Who called the UK an ‘elective dictatorship’
Lord Hailsham
Give four sources of the executives power.
Parliament (legislation)
Henry VIII clauses (Civ Con At 2004)
Legislature (Dicey, ‘every act’)
Royal prerogative
What legal accountability does the executive have?
The executive is subject to judicial review of it’s actions
AG v De Keysers Royal Hotel: government argued that they didn’t need to compensate - 1947 Act abolished Crowns immunity from tort
What political accountability does the executive have?
Scrutinised through oral and written questions, but potency of this is checked by executives dominance.
Where does ministerial responsibility originate?
Ministerial Code 1997
What is a problem with ministerial responsibility?
May compromise decisions taken personally if individually responsible
Howard-Lewis Affair 1995: may be manipulated to benefit ministers and denigrate officials
LORD STEYN - Anufrijeva
“surprise is the enemy of justice”
Name four advantages of delegated legislation.
- Devolves power to local councils
- Allows legislation to be passed where Parliament may not have had the time
- Foreseeable (good for rule of law)
- Useful for technical matters
What disadvantages does delegated legislation have?
- Parliament doesn’t have the time/resources to check all DL
- Doesn’t coincide with separation of powers isolationist model
How is delegated legislation scrutinised?
- Judicial review
- Some parliamentary checks
- Committee in Delegated Powers and Regulatory Reform: discourages excessive power
What did Dicey say about royal prerogative?
a) residue of discretionary/arbitrary authority
b) remaining portion of the Crown’s authority
c) ‘every act which the exec can do’
Give three examples of royal prerogative.
LEGISLATIVE: royal assent, dissolution
EXECUTIVE: declaration of war, appointment of PM
JUDICIAL: nolle prosequi, royal pardon
“Monarch has the right to be encouraged, consulted and warned”
BAGEHOT
What is the classical doctrine of RP used by the courts?
Courts distinguish the extent, existence and exercise of RP and won’t interfere if they decide it exists
What methods of judicial control does the court have over royal prerogative?
Wednesbury: RP may be supplanted by statute
Burmah Oil: Crown liable for damages, overturned by War Damages Act
AG v De Keysers Royal Hotel: Defence of Realm act could be challenged as statutory
