The Constitutional Power Of The President Exceeds That Of The Prime Minister Flashcards
What is a signif comparison between the two?
-the PM is primus inter pares (first among equals)
-the pres constitutional position of exec is defined in article 2 (second 2 outlines pres powers + section 3 outlines responsibilities)
What does the prime minister being first among equals mean?
-most important member of the cab
-but they govern in a collective manner
What does this constitutional position allow the PM to do?
-control policy direction as chief executive
-signif influence over policy development + gov priorities - set gov legislative agenda + influence national policy through cab meeting decisions
What is an example of the PM setting the legislative agenda?
-May + Brexit process 2016-19
-invokes article 50 of treaty of EU March 2017 beginning formal process leaving EU -signif decision reflecting leadership initiating a historic process
What else does primus inter pares allow the PM to do?
-appointment power to appoint cab ministers
-drawn from MPs + PM has discretion on what gov deps they will lead
What is an example of this appointment power?
-Kier Starmer’s appointment of Rachel Reaces as first female Chancellor exchequer 2024
What does article 2 section 2 state about the President’s constitutional position?
-lays out presidential powers enumerated in constitution
-e.g. pres commander in chief on armed forces + has power to grant pardons + reprieves
What is an example of the president wielding the power to pardon?
-Ford’s pardon Sept 1974 of Nixon after taking office following Nixon resignation
-pardoned Nixon for crimes committed in office relating to watergate scandal
What was the impact of this?
-met with widespread criticism believed it an attempt shield Nixon from legal consequences
-signif decline in Ford popularity
-viewed as politically motivated move + abuse of power
What is the overall role of article 2?
-est framework for exec role in federal gov incl pres authority, method of election, impeachment, pres powers etc.
What is another signif comparison between the two regarding the limits placed upon each?
-PM = doctrine of parl sovereignty to PM power
-pres = signif of check + balances on pres power
What is the doctrine of parl sovereignty?
-asserts parl as supreme legal authority with power make, change of repeal any law
-no other body can overrule or set aside laws passed by parl as central to uncodified constitution (make SL)
What are 2 key elements to this doctrine?
-parl can make or unmake any law
-supremacy to the HoC
What is the element of parl being able to make or unmake any law?
-authority pass any law on any matter
-means can legislate on wide variety of of subjects + no law immune from repeal etc.
What is an example of this?
-abolition death penalty 1965 under Murder act suspending death pen for trial of 5yrs + then made permanent 1969