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Public Law Sem 1 > Public Law 7 > Flashcards

Public Law 7 Flashcards

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1
Q

What is the purpose of the executive branch?

A

To make and implement public policy

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2
Q

What are the 3 roles of the executive?

A
  1. Executes and administrates law enacted by the legislature.
  2. “runs the country”.
  3. “Initiative taker”
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3
Q

Why is the executive known as an “elective dictatorship”?

A

The government will have the support of a majority in the House of
Commons.

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4
Q

What are 3 features of the executive?

A
  1. Drafts and introduces Bills.
  2. Has a majority in the House of Commons.
  3. Implements Acts of parliament.
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5
Q

Who exists in the central government?

A
  1. Prime Minister
  2. Ministers
  3. The Monarch
  4. Government Department
  5. Civil Service
  6. Special Advisers
  7. Cabinet
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6
Q

Does the Prime Minister practice law?

A

The Prime Minister is required to abide by Constitutional practice rather than law.

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7
Q

What kind of appointments does the Prime Minister make?

A
  1. Commissioners
  2. Most senior civil servants
  3. Crown appointments
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8
Q

What are the powers of the Prime Minister in relation to the Cabinet?

A
  1. Makes all appointments to ministerial office
  2. Controls the machinery of central government (government departments)
  3. Able to determine present priorities of his/her government from 10 Downing Street
  4. Collective responsibility reinforces the powers of PM
  5. PM has more opportunities to present and defend government policies
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9
Q

What is a fact about Ministerial offices?

A

Some offices have longer history than the office of the Prime Minister.

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10
Q

What are Government departments?

A

Branches staffed by civil service and paid by Treasury funds.

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11
Q

How were Government departments created?

A

Created by constitutional convention but certain aspects are now legalised - Ministers of the Crown Act 1975.

New departments are easily created or renamed.

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12
Q

What is a minister of the crown?

A

“The holder of any office in HM Government in the UK”.

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13
Q

Is the Ministerial code binding?

A

Regulates the behaviour of ministers.

Part of new constitutional structure, but not legally binding.

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14
Q

What is the overriding principle of the financial interests of ministers?

A

Ministers often make decisions that have significant financial implications.

Overriding principle: ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their private interests and their public duties.

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15
Q

What is the composition of the cabinet?

A

Usually includes 21-23 members, who are senior government
Ministers (including PM).

No statute regulates Cabinet composition; but number of salaried
Cabinet posts is limited by statute (22).

Since 1960s all major departments placed under supervision of
Cabinet minister.

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16
Q

Is the cabinet manual legally binding?

A

No.

17
Q

What is the need for cabinet committees?

A

The increase in the scale of government is not matched by the increase in the Cabinet.

18
Q

What is the role of the Cabinet Secretary?

A

Established in 1917 to help the committees (and Government) run
efficiently.

Can be very powerful but can clash with leanings of politically
appointed advisers.

19
Q

Who are members of the civil service and what do they do?

A

Permanent and Impartial officers.

Civil servants, deliver services, support Ministers, implement programmes and projects.

20
Q

What is the Cartlona Principle?

A

Where an administrative discretionary power exists for a Minister, in general a Civil Servant in that department may make the decision on behalf of the Minister.

21
Q

What are Special Advisers and what do they do?

A

Political appointments.

Development of government policy and its presentation.

Unlike civil servants, involved in party political matters.

Their appointment needs approval by Prime Minister and is tied to Minister’s holding of office.

22
Q

What are the three sources of legal authority on which the executive branch can act?

A

Statutory powers.

Prerogative powers (accepted by courts as part of the common law).

‘Third source’ powers (neither statutory nor prerogative but can act as no law prevents them from doing so).

23
Q

Is legal authority of ministers a controversial topic?

A

Uncontroversial as long as a Minister uses this to do things any individual could do, but controversial if used for things private individuals cannot do.

24
Q

Will courts recognise the existence of new prerogative powers?

A

No.

25
Q

What case establishes that royal prerogative is subject to judicial review?

A

Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (GCHQ case).

Public Law Sem 1 (9 decks)

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