Topic 4- The Executive

Question 1

The Cabinet

Answer 1

collective decision-making body of the government

Made up of the PM and senior ministers

Question 2

Collective Responsibility

Answer 2

Constitutional Convention
Bound by the cabinet to make collective decisions
If they wish to disagree- must step down

Question 3

Ministers

Answer 3

MPs and members of the HoL

Appointed by the PM and given a special area of government to oversee

Categories:
(1) Senior ministers; (2) Junior ministers; (3) Law Officers; (4) Whips.

Question 4

Whips

Answer 4

MPs or members of the HoL appointed to organise their members

Ensure members vote in line with party policy

Question 5

Law officers

Answer 5

The Attorney General: the chief legal adviser to the government; responsible for the criminal justice system; guardian of the public interest

The Solicitor General
The Advocate General for Scotland
The Advocate General for Northern Ireland

Question 6

Civil service

Answer 6

Service supports the government of the day in developing and implementing its policies, and in delivering public services.

Civil servants are accountable to ministers, who in turn are accountable to Parliament.

No political allegiance- continue when the government changes

Question 7

Cabinet manual

Answer 7

Sets out the general rules and procedures under which the government operates
Blick “soft law”

Question 8

Collective responsibility

Answer 8

Unifies the government as they run the country
Enables the government to be held to account as a whole

Question 9

Individual Responsibility- Carltona doctrine

Answer 9

Ministers are responsible for the actions of their own departments/ own personal actions

Individual ministerial responsibility may be displaced by collective ministerial responsibility.

Question 10

Limitations to Carltona

Answer 10

Can be explicitly or implicitly displaced by legislation

As per R v Adams

Question 11

Ministerial Code

Answer 11

Regulates the behaviour of ministers

Blick ‘soft law’- not bound by statute

Question 12

Key Cases

Answer 12

Adams
FDA v PM
Miller 1
Miller 2

Question 13

Should the MC be legally recognised? YES

Answer 13

SoP objective upheld- able to hold E to account/ balance the increased power of E with reducing absolute power

Courts able to better interpret statute/ provide better definitions as they do through statute

PM obtains too much power/ increases power of Executive

Question 14

Should the MC be legally recognised? NO

Answer 14

PM= ‘arbiter of the code’

MC= deals with political rather than legal issues: dismissal of MPs, Collective responsibility- issues for the PM as it is to do with the relationship between PM and cabinet

Non- justiciable issues (political>legal) link to SoP infringement (Pure version)

SoP point link to Shergill v Kharia- SC observations not intended to be political strictly legal

Question 15

Sources of The powers of the executive

Answer 15

prerogative;

statute (including the key power to enact delegated or ‘secondary’ legislation);

‘third source powers’ (The scope and even existence of this third category is still controversial).

Question 16

Types of Prerogative Powers

Answer 16

A complete list does not exist

Question 17

Strength of Prerogative powers in Miller 1

Answer 17

Lord Neuberger: PP= exercisable but must be consistent with Parliamentary legislation

Question 18

Legal Limits on Prerogative Powers:

Answer 18

Statute beats PP- Case of Proclamations 1611- Confirmed in Miller 1

PP cannot be expanded by the executive

Question 19

Statutory power

Answer 19

Ability to make DL

Question 20

Accountability of the Executive- Political Accountability

Answer 20

Confidence:
Elections
PMQs
The media

Collective Ministerial Responsibility/ Cabinet Manual

Individual Responsibility:
Ministerial Code

Question 21

Legal Accountability- Judicial Review

Question 22

Dicey definition of the Executive

Answer 22

‘remaining portion of the Crown’s authority’

Question 23

Why have Delegated Legislation?

Answer 23

Pressures on P time

Flexibility

Requirement for emergency powers- COVID

Assisting P in having the essential points/ policies to be amended at a later date

Problem:
Become a standard form of law making with SI outnumbering AoP by 100 –1

Question 24

Increase in power of X? NO

Answer 24

Reliant on Constitutional conventions- non legal rules

Question 25

Power of the PM

Answer 25

Comes from the Royal Prerogative

Question 26

Parliamentary accountability- Crichel Down Principle

Answer 26

Formulated after the Crichel Down Affair 1954:
Minister must not knowingly mislead P