Relationship and lawful limits on government institutions Flashcards
What is the role of the House of Lords?
Works with the House of Commons in legislation but is less powerful.
What do the Parliament Acts 1911-49 do?
Limit the House of Lords’ power to delay, not block, legislation.
What is the House of Lords’ power over Money Bills?
1-month delaying power.
What is a money bill?
A money bill in the UK Parliament is a public bill that deals with national taxation, public money, or loans, as determined by the Speaker of the House of Commons:
What is the House of Lords’ power over Non-money Bills?
1-year delaying power.
What is the exception to the Parliament Acts regarding the House of Commons?
The House of Commons cannot extend the parliamentary term beyond 5 years without the House of Lords’ consent.
What are the central government components?
The Monarch
Prime Minister
Ministers
Government Departments
Cabinet
Civil Service
Special Advisors
What is the nature of the Prime Minister’s office?
It is a constitutional practice rather than law, held concurrently with another recognized post (e.g., First Lord of the Treasury).
What are the powers of the Prime Minister?
Appoints or approves various positions (e.g., senior civil servants, Crown appointments), makes ministerial appointments, controls government machinery, and determines government priorities from 10 Downing Street.
What are ministerial offices?
Some predate the office of the Prime Minister and are staffed by the civil service, funded by the Treasury.
How are government departments created?
They are created by convention, with some aspects legalized (Ministers of the Crown Act 1975), and can be easily created or renamed.
What is the Ministerial Code?
Part of the new constitutional structure, not legally binding, regulating ministerial behavior and financial interests, ensuring no conflict between private interests and public duties.
What is the composition of the Cabinet?
Typically 21-23 senior ministers, including the Prime Minister, with no statute dictating composition but limited to 22 salaried posts by statute.
What is the role of the Civil Service?
Permanent, impartial officials who support ministers and implement programs, with a legal basis in the Constitutional Reform and Governance Act 2010.
What is the Carltona Principle?
It allows civil servants to make decisions on behalf of ministers.
Who are Special Advisers (SPADS)?
Political appointees who develop government policy and presentation, involved in party-political matters, requiring the Prime Minister’s approval and tied to ministerial office.
What are the three sources of legal authority for the UK executive branch?
Statutory Powers, Prerogative Powers, and ‘Third Source’ Powers.
What are Prerogative Powers?
Powers recognized by courts as part of the common law, historically derived from the Monarch.
What are ‘Third Source’ Powers?
Powers that are neither statutory nor prerogative, used freely unless explicitly restricted by law, and considered uncontroversial for actions any individual could undertake.
What is the historical context of the Royal Prerogative?
In medieval times, kings had powers for realm protection and public good, but were not above the law. The 17th century saw a distinction between ordinary and absolute prerogative, leading to significant constitutional changes.
How is the Royal Prerogative exercised today?
By or on behalf of the government of the day, with some limits imposed by parliamentary authority and the Constitutional Reform and Governance Act 2010.
What are some specific prerogative powers?
Summoning and proroguing Parliament, powers related to treaties and war, declaring war, patronage, appointments, honours, and certain immunities and privileges.
How do courts interact with prerogative powers?
Courts do not recognize new prerogative powers, can declare delegated legislation invalid if ultra vires, and determine the limits of prerogative powers.
What is the significance of the Council of Civil Service Unions v Minister for the Civil Service (GCHQ case)?
It established that the Royal prerogative is subject to judicial review.