Week 8-10

Question 1

Legal control of Executive power

Answer 1

Negative constitutionalism - prevent executive from abusing powers; explicit limits on powers are set out in law; actions have to be justifiable; judicial review

Question 2

Legal limits to Royal Prerogative

Answer 2

No new powers; judicial review; regulated by statute; acts of Parliament take precedent if conflict between RP and statutes

Question 3

Powers delegated to Ministers and Departments

Answer 3

policy-making decisions; set structure of ministerial departments and work streams of civil servants; create secondary legislation

Question 4

Judicial review

Answer 4

Common law grounds: Illegality, Irrationality, and Procedural Impropriety

Question 5

Political control of Executive power

Answer 5

Media of voters/citizens, elections, and debate and protests

Question 6

Why is political control necessary?

Answer 6

prevents abuse of powers; constitutional and accountability gaps are filled by political process; immediate response to potential problems

Question 7

Key tenets of political control in the UK? (3)

Answer 7

Responsible government, collective responsibility of government, and ministerial responsibility

Question 8

Scrutiny Mechanisms

Answer 8

Legislative scrutiny; Ministerial questions; Civil society reports and research; social media

Question 9

Tests to political accountability?

Answer 9

conservative government to undermine legal and political accountability in favour of legislative capabilities of Executive; reduced judicial supervision

Question 10

Conception of the Judicial Function (4)

Answer 10

resolves disputes; judges apply pre-existing rules created by legislature; decisions are grounded in law; limited law-making role (slow and through legal doctrines, principles, and rules)

Question 11

Legislature:

Answer 11

representation and deliberation

Question 12

Executive:

Answer 12

branch of action

Question 13

Judiciary:

Answer 13

fill the gaps and dress conflict of rules