Paper 1: Prime Minister and the Executive Flashcards
Executive definition
Collective group go PM, and junior ministers, sometimes know as ‘The Government’
Cabinet definition
PM and senior ministers, most of whom lead a particular govt. department
Minister definition
An MP or member os HofL appointed to a position in the govt., usually exercising specific responsibilities in a department
Government Department definition
Part of the executive, usually with specific responsibility over an area such as education, health, defence
Royal Perogative definition
Set of powers and privileges belonging to the monarch but normally exercised by PM of cabinet such as granting of honours or of legal pardons
Secondary Legislation definition
Powers given to executive by parliament to make changes to the law within certain specific rules
Individual Responsibility definition
Principal by which ministers are responsible for their personal conduct and for their departments
Collective Responsibility definition
Principal by which ministers must support cabinet decisions or leave the cabinet
Presidential Government definition
An executive dominated by one individual, may be a President, also used to describe a strong, dominant Prime Minister e.g Tony Blair
What do the House of Commons do?
Elected legislature
Creates/ designs laws, represents will of ppl
What does the executive do?
Her Majesty’s govt.
Put forward laws + runs govt., represents will of majority
What does the Judiciary do?
UK court of law
Upholds the law, represents rule of law
What do the House of Lords do?
Appointed legislature
Scrutinizes/approves laws, acts as safeguard
Represents unwritten constitution
What does the Crown do?
The Monarch
Represents the UK, signs bills into law, represents ceremony/tradition
How is the executive formed?
Party with majority of constituencies becomes governing party, leader of party must win their constituency
Leader of winning party is summoned by monarch and chooses cabinet within next few days and become PM
How is the government formed?
Inc. 100+ ministers + senior party officials chosen by PM that forms inner circle which governs country
No codified rules as to how govt. is formed
What is the government made up of?
Approx 115 ppl in govt.
23 cabinet ministers
17 whips who keep things in order
60 Junior ministers
15 senior, non-cabinet posts, heads of important offices
Not all governing party MPs are in govt., many are backbenchers
What’s a majority coalition?
2 parties form majority govt. e.g 2010
What’s a grand coalition?
2 major parties form large party, usually in times of crisis, creating an overwhelming majority e.g. WWII
What’s a rainbow coalition?
Agreement between large no. of parties, norm 1 large and several small
Agreements on varying philosophies e.g Ireland
What’s a national coalition?
All parties invited to participate at time of national crisis
Designed to create unity, happened in WWII, also referred to as grand coalition
What’s a minority government?
Unusual and normally short-lived
Also described as a caretaker govt. waiting for a fresh general election in hope to produce decisive result
What’s ministerial selection?
PM has to weigh up personal qualities v political consequences. Need to be reliable, have potential, show political support (collective responsibility)
Once considering all the qualities, only a few left
Blair and Thatcher had strong political philosophies so wanted ppl who though similar to them
Is parliament out of date? Representation
FPTP is no longer fit for purpose as designed for two-party system which isn’t the case anymore because of rise in popularity of smaller parties
Only sides in HofC
Not proportional amount of women and minorities in govt.
London is in south-east, not fully representing he country, should be more central
Is parliament out of date? Checks and balances (scrutiny)
HofL aren’t elected so can’t be held accountable for their scrutiny
However many are professional in their areas so deserve to be there
HofL doesn’t have power to stop laws permanently
What powers does the PM have?: Head of government
Appointing and dismissing ministers and conducting regular reshuffles
Head of civil service and choses senior judges and senior bishops of CofE
What powers does the PM have?: Chairing Cabinet
PM solely responsible for calling and chairing Cabinet meetings
Appoints all members of Cabinet and decides their term of reference
What powers does the PM have?: Patronage
Also responsible for appointments of senior military officers, governor of Bank of England, members of governing bodies of BBC and IBA
Advised monarch on who should be on Honours list
What powers does the PM have?: Parliamentary duties
Expected to speak in debate in response to Queen’s speech
Has to comment at the start of each parliamentary session if been to international conference
Has to answer PM’s questions
Overall control of govts strategy in both houses
What powers does the PM have?: Sovereign
PM is sovereign’s principal advisor
Has weekly meeting with Queen and occasionally advises the Queen who is constitutionally obliged to follow it
What powers does the PM have?: Media
PM become media superstar attracting lots of media attention, is a significant aspect of PMs success or failure
What powers does the PM have?: Party leader
Owes position as PM to party
Much of media portrays election as battle between PM and leader of the opposition rather than between parties
Support of party not guaranteed though
What powers does the PM have?: Commander in chief of army
Directs govt. agenda
Authority to be involved in policy areas of choosing
Takes key role in times of crisis
Where does PM get authority from?
Ruling party
Royal prerogative
Popular mandate
Parliament
What are the limitations to PM’s power?
Can only survive id they have confidence of cabinet and parliament, if cabinet overrules PM, nothing she can do
When majority is low the PM can never rely on parliamentary approval
When leader loses public confidence, become an electoral liability
What does a presidential PM imply?
Has effectively become Head of State + leader of nation
Has extensive network of personal advisers, think tanks etc.
Has growing importance in the media
Growth in importance in foreign and military affairs
What’s included in the cabinet?
Inc. most senior ministers in the govt.
Normally each govt. dept. has most senior minister and secretary of state and is member of cabinet
Not all members of cabinet are heads of govt. depts. some have other responsibilities e.g chief whip and HofC leader
PM choosing cabinet
Do they choose balanced cabinet which contains variety political opinions or one that’s ideologically limited
What’s a cabinet government?
A system of govt. where the cabinet is the central policy-making body
How has the cabinet been marginalised?
Power of PM has grown in contrast to collective power of cabinet in previous years
Cabinet has become a ‘network’ with meeting being ceremonial and the real work occurs elsewhere so cabinet’s involvement is minimal
Shift in policy making functions to 10 Downing St.
MP still conducts much govt. business e.g Tony Blair - sofa politics
What are the cabinet’s remaining functions?
Settle internal conflicts (to and extent)
They present policies instead of formulating them as they previously did
Deal with domestic emergencies e.g terrorist attacks
Legitimise policy, sometimes there’s a vote
Settle ministerial disputes i.e different heads of dept. aren’t getting along
What are some of the weaknesses of the cabinet?
PM patronage means they are dominant, most posts are determines by PM so need to stay loyal
Most decisions are made in committee which isn’t part of cabinet
Meetings are shorter and stage managed, can be as short as 45 mins so not much work done in a meeting
Who was Philip Norton and what did he do?
Divides PMs into 4 groups based on their styles
Reformers, egoists, balancers and innovators
What’s a reformer Prime Minister?
Seek power in order to achieve particular programme of public policy
Largely dictated by ideological agenda of own political party
What’s an innovator Prime Minister?
Fight to become PM
In order to achieve a programme they have crafted they are prepared to push their party into supporting them
What’s a balancer PM?
Seek to maintain stability in society and ameliorate tensions and avoid policies that prove socially divisive
Whats a egoist PM?
Seek power for sake of having power
Principally concerned with here and now politics, operating to maintain position at 10
Take whatever action necessary to protect their position
What are COBRA meetings?
Meetings held in case of emergencies
Stands for: Cabinet Office Briefing Room A
When was the Supreme Court opened?
1st October 2009 under the Constitutional Reform Act 2005
What was the purpose of building the Supreme Court?
Designed to end fusion of powers as previously ‘law lords’ had sat as members of HofL so the supreme court created a greater transparency and bring UK into line with most other Western countries
What was the new role of Lord Chancellor under Constitutional Reform Act?
Historic office used to combine being cabinet minister (executive) chairman of sittings in HofL (legislature) and head of judiciary (judiciary)
Act removed last 2 responsibilities from chancellor
Lords no chaired by lord speaker and judges are selected by independent Judicial Appointments Commission
What is the Supreme Court’s role?
Only UK-wide court and acts as final court of appeal for rulings made by lower courts
Hears appeals on arguable points of law where matters of wider public and constitutional importance are involved
Until UK leaved EU, court has power to interpret law passed by EU
Tribunal
Hears appeals on immigration, social security cases etc.
Magistrate’s Court
Hears less serious criminal cases such as motoring offences
County Court
Hears civil cases, such as compensation for injury
Crown Court
Criminal courts that hear appeals from magistrate’s courts, hold jury trials and carry out sentencing of serious cases
Criminal Division
Hears appeals from the Crown Court
Civil Division
Hears appeals form the High Court, tribunals and in some cases form County Courts
High Court
Consists of 3 main divisions:
Queen’s bench: contract law, personal injury
Family- divorce , medical treatment
Chancery- business law, probate, trusts
High court also supervises courts lower in the hierarchy
How many members are there in the Supreme Court?
12, although cases are always heard by an odd no. of justices so a majority verdict can be reached
Normally 5 or 9 cases take part, depending on the importance of the case
11 took part in High Court reviewing that parliament, rather than govt. should initiate UK’s exit of EU
Who is the president of Supreme Court?
Lord Neuberger
Only female is Lady Hale
What experience is needed to become a Judge in Supreme Court?
Usually have served as a senior judge for 2 years or been a qualified lawyer for at least 15
Original members were former law lords who moved from HofL to new premises
How are Justices selected?
When vacancy appears, nominations are made by independent 5-member Selection of Commission Lord Chancellor (a.k.a justice secretary) either confirms or rejects the person put forward Appointment then confirmed by PM and then by monarch
Judicial neutrality
Expectation that judges will exercise functions without personal bias
Code of conduct of Supreme Court lays down a no. of ways in which impartiality is safeguarded
Judges: Conflict of interest
Judges must refuse to sit in a case that involves a family member, friend or professional associate which might given reason to doubt their neutrality
Judges: Public activities
Judges may write and give lectures as part of educating the public and may involve themselves in charitable and voluntary activities but must avoid political activity
Judge may serve on govt. commission provided it doesn’t compromise their political neutrality
What is judicial independence?
Principal that judges must be free from political interference, particularly the executive
This is vital as they may be called to administer justice in cases where there is conflict between the state and the individual citizen
What are the built in guarantees of independence?
Terms of employment- judges can’t be removes from office unless they break the law, retirement age is 70, known as security of tenure, judges immune from legal action based on comments they make on cases in court
Pay- are paid automatically from independent budget without possibility of manipulation by ministers
Influence of the Supreme Court over the executive and parliament
Doctrine of parliamentary sovereignty means that SC doesn’t have power to strike down laws
In the UK there is no codified constitution against which the SC could test legislation
Judicial Review
Court can inquire if the ministers have followed the correct procedures in the way they have implemented legislation
Can examine actions of public bodies to see if they have acted ultra vires
What does ultra vires mean?
Literally ‘beyond the powers’
An action taken without legal authority
Example: Jason Smith
Jason Smith was a UK serviceman who died of heatstroke in Iraq 2003
Family brought case against MOD saying authorities should’ve safeguarded him + High Court ruled in favour
But when case appealed to SC, judgement was overruled 6 to 3 as said that HRA didn’t extend to troops in combat
2010
Example: Sex offenders
Govt’s position was that individuals who had committed serious sexual offences in Eng and Wales must register with the police for life after release from prison
SC ruled this breached their HR and that they should have the right to appeal against registration 15 years after leaving jail
This infuriated govt. and police who argued dangerous individuals don’t change their bahaviour
Gina Miller
Fusion of powers
Traditionally UK govt. was fusion of powers where 3 branches of govt. overlapped
Is a fusion of parliamentary democracy, contrasting presidential democracy
What are the roles of the Supreme Court Judges?
Chair public inquiries and commissions as seen as impartial
Protect citizens from and overpowering state, if citizens are unhappy with actions of govt. SC can interven
Can call govt. to account via judicial review Decide punishments that are appropriate to the crime
Use external jurisdiction
What are the 6 pillars of judicial independence?
Those in judiciary should be free from political control
Shouldn’t be influenced by other branches of govt.
Independence allows judges to apply justice properly, without fear of consequence
Judges need to be confident that they can make a decision without fear that their career prospects will suffer
