The Executive Flashcards
What is the Executive
The executive has the sole authority and responsibility for the daily running and effective administration of the state.
Increasingly transferred power from to the executive from legislature
What is the executive
Narrow sense;
- Monarch
- Cabinet
- Prime Minster
In the wide sense:
- Government departments
- Civil Service
- Army and Police
The Monarch
- The Queen is technically head of the executive
- influence of conventions in terms of the exercise of her powers
Powers of the prime minister
- Head of the Government
- Power to select Cabinet Ministers and appoint other members of the Government
- can engineer a Cabinet re-shuffle
- Chairs meetings of the Cabinet and Cabinet committees
- Co-ordinates Government policies
- Is responsible for party discipline
- Is the nation chief spokes-person in international and domestic affairs
- Political Hess of the civil Service
- Has the power to exercise patronage
What is a Cabinet committee
Small groups of ministers who make decisions
Decisions are put to and usually approved by the main cabinet
Ministers special advisors
The Cabinet is assisted by the prime minister’s unelected special advisors
What is delegated legislation.
Is a form of legislation that allows the executive to make changes to the law without having to enact new acts of Parliament.
The legal basis for delegated legislation = the parent act
What does it do.
Confers power on others (Typically Government minsters) to make delegated legislation
Contains the outline framework of the new law
What are the different forms of delegated legislation
Statutory instruments
Orders in council
By laws
What is a Statutory instrument
Form of delegated legislation;
Legalisation which allow the provision of an Act of Parliament to be altered without parliament having to pass a new act
Orders in council
Form of delegated legislation.
Statutory orders; made under any of the numerous powers contained in Acts of Parliament which give the Queen a power to make orders
Prerogative Orders: Ade made under the inherent power of the crown to act on matters which Parliament has not legislated
Bylaws
Form of delegated legislation
Made by local authority only apply within a specific geographical area
Usually only created when there is no general legislation that deals with particular matters of concern to local people
Must be approved by Secretary of State
Biggest advantage of delegated legislation
Saves time
Three other advantages of delegated legislation
Technicality - few may have technical knowledge, Dl’s allow experts to be consulted
Flexibility- DL can be used to authorise the delay to the implementation of certain statutes
Emergency Power - DL allows the government to move quickly and decisively
Constitutional concerns about DL
DL appears to undermine Parliamentary Sovereignty
Separation of powers
Abuse of powers
Too much DL used
What are Henry VIII clauses
A provision in BIll which enables primary legislation to be amended or repealed by subordinate legislation with or without further parliamentary scrutiny
Checks on Delegated Legislation
- Ensuring the parent act is carefully drafted
- Traditional Parliamentary safeguards
- Formal rules about being proposed SI’s before Parliament
Formal rules about being proposed SI’s before Parliament
Affirmative Procedure - SI’s will only become law if it is approved by parliament without 40 days
Negative Procedure - SI’s not approved within 40 days of being sent before Parliament will not come into effect
What is the Royal Prerogative
Non-statutory powers of the crown
Dicey the residue of discretionary or arbitrary authority which at any given time is legally left in the hands of the crown
Areas where prerogative powers exercised by ministers
Conduct of foreign affairs
Control of armed forces
Regulation of terms of civil service
Pardoning offenders
Personal Prerogatives of the Monarch
- The prerogative never dies
- The person of the sovereign is inviolable
- The sovereign can do no wrong
- The sovereign is commander and chief of the armed forces and may declare war or make peace under the royal prerogative
- Sovereignty awards a few honours
- Royal Assent
- Appointment of the prime minster
