Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Ella Constitutional and Administrative BPP GDL Notes > Two - Responsible Government > Flashcards

Two - Responsible Government Flashcards

1
Q

Wider constitutional context of separation of powers

A
  • separation of powers
  • Parliament holding gov to account: fusion, party political system: NB very partisan so can push through vast majority of legislation, few exemptions such as Cameron and Syria bombing 2013
  • media: ‘fourth estate’ - arguably more successful than many parliamentarians i.e. Telegraph expenses scandal or Guardian abuse privacy
  • we now have elections every five years: does that give UK freedom to take political actions than other countries?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Philosophers on responsible government

A
  • Earl Grey: “it is a distinguishing characteristic of Parliamentary Government that it requires the powers belonging to the Crown to be exercised through Ministers, who are held responsible for the manner in which they are used”
  • Alder: “the accountability of government is a necessary and basic characteristic of any democracy”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Central Executive

A
  • PM
  • Cabinet (SoSs)
  • Junior Ministers
  • Civil Service “Whitehall” - grew in twentieth C and then cut more recently
  • Executive agencies, autonomous powers i.e. DVLA, Met Office - part of machinery but controlled by CEOs not ministers - raises questions of accountability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Scrutiny of executive

A
  • Parliamentary mechanisms: questions, debates, committees
  • Questions: oral questions, to PM, to other Ministers
  • written questions - Hansard: answers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Debates - create forum for discussion

A
  • Bills - second reading debates
  • other debates: emergency, Opposition Day debates, Daily ‘adjournment debate’
  • Early day motions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Scrutiny of legislation

A
  • goes on within committee structure: MP are meant to be legislatures
  • mostly primary legislation scrutinised by parliament
  • delegated legislation - over 3000 SIs per year, Parliament has to be on guard with these, hard to object because of volume
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

EU Withdrawal Act 2018

A
  • concern over Henry 8th clauses - allows parliament to amend primary legislation by means of secondary legislation which means no scrutiny: gives exec great deal of power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Scrutiny: public/standing committees

A
  • appointed on party strength basis

- thrash out amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Scrutiny: select committees

A
  • more permanent
  • departmentally-based i.e. Home Affairs, Foreign Affairs
  • operating since 1979
  • take evidence and create reports on significant current issues
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Scrutiny: special committees

A
  • Liaison Committee, all chairpersons of other committees
  • Public Accounts Committee - on efficiency of government
  • Human Rights - Joint Committee
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Effectiveness of committee system to scrutinise government

A

Advantages:

  • power - to send for persons, paper, records
  • request witnesses - political obligation, non-legal
  • reports: published by media
  • expertise - often widely respected
  • election of chairs

Disadvantages:

  • composition: membership selected on party strength in commons
  • also degree of political patronage
  • real impact on government programme: influence varies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Individual ministerial responsibility

A
  • accountability: give account to Parliament
  • responsibility: ministers held to account
  • mechanisms: questions, statements to House, debates, Select Committee evidence
  • obligation to inform House i.e. Scott Report: Arms to Iraq accused Waldergrave of not properly informing parliament

Responsibility

  • requirement of resignation: final stage in process of accountability, this is ultimate sanction for departmental error
  • political context: PMs support
  • two situations: individual fault or departmental fault
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

IMR: private/moral failings

A
  • media interest - “sleaze”
  • often do not resign anymore over misjudgement, misleading parliament, hypocrisy
  • Profumo: lying caused demise
  • nowadays expected to resign if behaviour is really serious/hypocritical
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

IMR: trust and integrity in public office

A
  • accepting gifts/hospitality - financial impropriety
  • Jonathan Aitken: imprisoned for perjury
  • Mandelson/Robinson - lending money
  • Blunkett - visa for ex-lover’s nanny
  • Fox - friend defence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

IMR: one-off political mistakes and personal policy failure/misjudgement

A
  • Dalton - revealed news of budget before meant to announce
  • Currie - salmonella confusion
  • Rudd - Windrush
  • Hoare - trying to appease Mussolini
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

IMR: departmental fault… more complex

A
  • traditionally: resign if serious error, ministerial figurehead
  • changing context: nineteenth century small government but now big government questions necessity of resignation
  • Crichel Down: Dugdale resigned for agricultural failure
  • Carrington: resigned for wider foreign office failure
  • Hughes resigned for HO failure

More recently, less willing to…

  • Prior: refused to resign after Maze Prison breakout
  • Howard: sacked prison officer, argument over operational failing
  • Straw: passport difficulties refused to resign but ensured compensation paid
17
Q

Collective ministerial responsibility 3 components

A
  1. Confidentiality
  2. Unanimity “united front”
  3. Confidence in government

AG v Cape - publication of memoirs

18
Q

CMR: If you don’t agree with government, shut up and resign

A
  • Heseltine: Westland Affair, resigned from Thatcher gov
  • Howe: EU hostility, resigned from Thatcher gov
  • War in Iraq: Cook, Short, Denham resigned in protest
  • Brexit: Davies, BJ resigned
19
Q

CMR: avoiding it

A
  • Suspension by PM: EC ref by Wilson, AV ref by cons and libs, EU ref by Cameron
  • journalists - tell them and convey dissatisfaction: sources close to Minister…
  • no confidence motion i.e. Callaghan when Thatcher called for VONO
20
Q

Ministerial code - softlaw, becoming important feature of political scene

A
  • seven principles of public life
  • “holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office”

Ella Constitutional and Administrative BPP GDL Notes (18 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions