The Executive Flashcards
Which of the following best defines the executive in the UK constitution?
A. The body that proposes and enforces public policy
B. The body that scrutinises Acts of Parliament
C. The body that interprets laws passed by Parliament
D. The body that adjudicates private legal disputes
A. The body that proposes and enforces public policy
Explanation: The executive includes government ministers and departments responsible for formulating and enforcing laws and policies.
What is the function of secondary legislation?
A. It repeals primary legislation
B. It enables ministers to make detailed rules under the authority of an Act
C. It allows judges to overrule Parliament
D. It forms part of common law
B. It enables ministers to make detailed rules under the authority of an Act
Explanation: Secondary legislation, or statutory instruments, fill in the details of primary legislation, made by ministers using powers given by Parliament.
A minister uses powers in a parent Act to issue regulations affecting pension rules. A court later finds the regulations went beyond the powers granted in the Act. What is the likely result?
A. The court must ask Parliament to intervene
B. The court will strike down the regulations as ultra vires
C. The minister can amend the regulations without review
D. The court has no jurisdiction over executive action
B. The court will strike down the regulations as ultra vires
Explanation: When ministers act beyond the limits of delegated power, the action is ultra vires and can be quashed by judicial review.
The Home Secretary, under outdated legislation, sets a sentence tariff for a juvenile offender. It is challenged in court. What is the likely constitutional issue?
A. Breach of legislative supremacy
B. Violation of Article 10 of the ECHR
C. Unlawful judicial function by the executive
D. Lawful use of delegated authority
C. Unlawful judicial function by the executive
Explanation: In Venables and Thompson, the court ruled that the Home Secretary’s sentencing power encroached on judicial territory, breaching separation of powers.
What was a key reform introduced by the Constitutional Reform Act 2005 regarding the executive’s overlap with the judiciary?
A. Judges can now serve as Prime Minister
B. The Prime Minister must now be a peer
C. The Lord Chancellor no longer acts as head of the judiciary
D. Ministers can appoint judges directly
C. The Lord Chancellor no longer acts as head of the judiciary
Explanation: To reinforce the separation of powers, the CRA 2005 removed judicial duties from the Lord Chancellor, focusing the role on justice administration.
Which of the following best describes a risk associated with the Attorney General’s dual role in the executive?
A. He may refuse to attend Parliament
B. He is above the law
C. He may prioritise political loyalty over impartial legal advice
D. He can veto Supreme Court rulings
D. He may prioritise political loyalty over impartial legal advice
Explanation: The Attorney General sits in Cabinet and advises government, leading to concerns about political influence on supposedly independent legal advice.
