The Executive

Question 1

What is the Executive

Answer 1

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

Question 2

What is the executive

Answer 2

Narrow sense;

• Monarch
• Cabinet
• Prime Minster

In the wide sense:

• Government departments
• Civil Service
• Army and Police

Question 3

The Monarch

Answer 3

• The Queen is technically head of the executive

- influence of conventions in terms of the exercise of her powers

Question 4

Powers of the prime minister

Answer 4

• 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

Question 5

What is a Cabinet committee

Answer 5

Small groups of ministers who make decisions

Decisions are put to and usually approved by the main cabinet

Question 6

Ministers special advisors

Answer 6

The Cabinet is assisted by the prime minister’s unelected special advisors

Question 7

What is delegated legislation.

Answer 7

Is a form of legislation that allows the executive to make changes to the law without having to enact new acts of Parliament.

Question 8

The legal basis for delegated legislation = the parent act

What does it do.

Answer 8

Confers power on others (Typically Government minsters) to make delegated legislation

Contains the outline framework of the new law

Question 9

What are the different forms of delegated legislation

Answer 9

Statutory instruments
Orders in council
By laws

Question 10

What is a Statutory instrument

Answer 10

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

Question 11

Orders in council

Answer 11

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

Question 12

Bylaws

Answer 12

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

Question 13

Biggest advantage of delegated legislation

Answer 13

Saves time

Question 14

Three other advantages of delegated legislation

Answer 14

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

Question 15

Constitutional concerns about DL

Answer 15

DL appears to undermine Parliamentary Sovereignty

Separation of powers

Abuse of powers

Too much DL used

Question 16

What are Henry VIII clauses

Answer 16

A provision in BIll which enables primary legislation to be amended or repealed by subordinate legislation with or without further parliamentary scrutiny

Question 17

Checks on Delegated Legislation

Answer 17

• Ensuring the parent act is carefully drafted
• Traditional Parliamentary safeguards
• Formal rules about being proposed SI’s before Parliament

Question 18

Formal rules about being proposed SI’s before Parliament

Answer 18

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

Question 19

What is the Royal Prerogative

Answer 19

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

Question 20

Areas where prerogative powers exercised by ministers

Answer 20

Conduct of foreign affairs
Control of armed forces
Regulation of terms of civil service
Pardoning offenders

Question 21

Personal Prerogatives of the Monarch

Answer 21

• 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