The Executive Flashcards
what is the executive
the crown and its ministers (who exercises and gives advice for the crowns powers)
spends the money that parliament raises
mainly the PM using the crowns prerogative
key facts about the crown
the crown in a representative of the UKGBNI
-which includes defending the realm/making treaties/acting with its other dominions
maxims
-the king can do no wrong (the king is not capable of doing an unlawful act)- R(Miller) v the PM 2019, proroguing parliament was found unlawful, but as the crown can do no one wrong, the crown did not do it as they had no authority
-the king never dies (the crown)
-the king is the fountain of justice and honour (from the crown)
the crown in relation to..
the legislature- can call, prorogue and dissolve parliament, enact parliamentar bills and act under delegated L
the executive-appoints ministers and servants, orders in council
the judiciary- obliged to follow the law, appoint judges
prerogative powers of the crown
difficult to define- ministry of justice attempt 2009
e.g
changes to the machinery (organisation) of government
appointment of kings council
the prerogative of mercy (forgiveness for crime)
appointment and removal of ministers
dismissing government
power to summon, prorogue and dissolve parliament
crown not bound by statute unless expressly stated
limits: (david torrance 2023)
-conflict between prerogative and statute, statute prevails
- subject to judicial review in certain circumstances
-can never be broadened
where do the executives powers come from?
legal authority comes from parliament via acts of parliament and delegated legislation
can also come from the crowns royal prerogative (common law avaliable to the executive)
how are executive powers questioned?
judicial review- links with the rule of law, holding the executive accountabel just as done with the public
and through the electorate- general elections
