Week Seven

Question 1

What’s the purpose of the executive branch?

Answer 1

To make and implement public policy

Question 2

What are some functions of the executive branch?

Answer 2

Executes and administers laws enacted by the legislature.

Runs the country.

Acts as an initiative-taker.

Develops and designs changes to public policy.
Reacts to sudden, unforeseen events.

Question 3

What is an Elective Dictatorship?

Answer 3

A phrase describing the state in which a typical Westminster system state’s parliament is dominated by the government of the day.

Question 4

How is the political nature of the executive determined?

Answer 4

By the composition of the House of Commons.

Question 5

What is meant by an ‘elective dictatorship’?

Answer 5

A term introduced by Lord Hailsham, referring to the government having majority support in the House of Commons, allowing it to draft Bills and implement Acts of Parliament with significant power.

Question 6

What are the executive powers?

Answer 6

Drafting Bills and implementing Acts of Parliament.

Question 7

What are the central government components?

Answer 7

The Monarch

Prime Minister

Ministers

Government Departments

Cabinet

Civil Service

Special Advisors

Question 8

What is the nature of the Prime Minister’s office?

Answer 8

It is a constitutional practice rather than law, held concurrently with another recognized post (e.g., First Lord of the Treasury).

Question 9

What are the powers of the Prime Minister?

Answer 9

Appoints or approves various positions (e.g., senior civil servants, Crown appointments), makes ministerial appointments, controls government machinery, and determines government priorities from 10 Downing Street.

Question 10

What are ministerial offices?

Answer 10

Some predate the office of the Prime Minister and are staffed by the civil service, funded by the Treasury.

Question 11

How are government departments created?

Answer 11

They are created by convention, with some aspects legalized (Ministers of the Crown Act 1975), and can be easily created or renamed.

Question 12

What is the Ministerial Code?

Answer 12

Part of the new constitutional structure, not legally binding, regulating ministerial behavior and financial interests, ensuring no conflict between private interests and public duties.

Question 13

What is the composition of the Cabinet?

Answer 13

Typically 21-23 senior ministers, including the Prime Minister, with no statute dictating composition but limited to 22 salaried posts by statute.

Question 14

What is the role of the Civil Service?

Answer 14

Permanent, impartial officials who support ministers and implement programs, with a legal basis in the Constitutional Reform and Governance Act 2010.

Question 15

What is the Carltona Principle?

Answer 15

It allows civil servants to make decisions on behalf of ministers.

Question 16

Who are Special Advisers (SPADS)?

Answer 16

Political appointees who develop government policy and presentation, involved in party-political matters, requiring the Prime Minister’s approval and tied to ministerial office.

Question 17

What are the three sources of legal authority for the UK executive branch?

Answer 17

Statutory Powers, Prerogative Powers, and ‘Third Source’ Powers.

Question 18

What are Prerogative Powers?

Answer 18

Powers recognized by courts as part of the common law, historically derived from the Monarch.

Question 19

What are ‘Third Source’ Powers?

Answer 19

Powers that are neither statutory nor prerogative, used freely unless explicitly restricted by law, and considered uncontroversial for actions any individual could undertake.

Question 20

What is the historical context of the Royal Prerogative?

Answer 20

In medieval times, kings had powers for realm protection and public good, but were not above the law. The 17th century saw a distinction between ordinary and absolute prerogative, leading to significant constitutional changes.

Question 21

How is the Royal Prerogative exercised today?

Answer 21

By or on behalf of the government of the day, with some limits imposed by parliamentary authority and the Constitutional Reform and Governance Act 2010.

Question 22

What are some specific prerogative powers?

Answer 22

Summoning and proroguing Parliament, powers related to treaties and war, declaring war, patronage, appointments, honours, and certain immunities and privileges.

Question 23

How do courts interact with prerogative powers?

Answer 23

Courts do not recognize new prerogative powers, can declare delegated legislation invalid if ultra vires, and determine the limits of prerogative powers.

Question 24

What is the significance of the Council of Civil Service Unions v Minister for the Civil Service (GCHQ case)?

Answer 24

It established that the Royal prerogative is subject to judicial review.

Question 25

What is the effect of statutes on prerogative powers?

Answer 25

The executive cannot use prerogative powers to derogate from fulfilling a statutory duty, as seen in the Fire Brigades Union case.

Question 26

What does non-partisan mean?

Answer 26

A lack of affiliation or bias with any political party