Week 6-7 Flashcards
Functions of Scottish Parliament (4)
Sustain government, hold gov’t accountable, law-making functions, and political representation
Legislative competence of Scottish Parliament
courts can strike down Act of Scottish Parliament that outwith its competence: relates to reserved matters, incompatible with convention rights, relates to a country or territory other than Scotland
Other limitations?
Protected statutes: provisions of the Scotland Act 1998, Human Rights Act 1998, European Union (Withdrawal) Act 2018; Convention rights; Retained EU law (before Brexit); common law
Enforcing legislative competence - Political Mechanisms
Ministerial statements (cannot introduce bills without legislative competence statement), presiding officer statement (independent and unbiased view), Secretary of State veto (if bill is incompatible with international obligations, etc.); not binding
Legal Mechanisms
Pre-enactment challenge and Judicial review challenge
What is meant by the Executive?
The Crown and government (Prime Minister, cabinet and ministerial departments, civil service [public authorities and services])
What is it empowered to do?
Govern state and society; exercises power of the state in everyday life
What is the Crown empowered to do?
symbolic function; acts on advice of ministers; Royal Prerogative: residual powers exercised on advice of Privy Council, can consult, warn, and encourage Prime Minister, and powers to mercy/pardon
Powers of Prime Minister
advise upon and influence use of prerogative powers; set policy and legislative agenda; responsible for national security and armed forces (through RP)
Powers of Cabinet
policy objectives and everyday operations within their department
Sets of UK Executive power (3)
Royal Prerogative, general administrative powers, and delegated powers to legislate (secondary leg.)
