Executive Government: Crown, PM & Cabinet
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Questions and Answers

Which of the following is most accurate regarding the Prime Minister's role in the UK government?

  • The Prime Minister has no role concerning the operation of the Civil Service.
  • The Prime Minister is the principal representative of the monarchy in the House of Commons.
  • The Prime Minister is ultimately responsible for government policy and decisions. (correct)
  • The Prime Minister is primarily responsible for interpreting laws passed by Parliament.

According to the concept of collective responsibility, what action is expected of a Cabinet minister who fundamentally disagrees with a Cabinet decision?

  • Abstain from voting on the issue in Parliament.
  • Lobby other ministers to change the policy.
  • Publicly express their concerns to ensure transparency.
  • Support the decision publicly or resign. (correct)

What best describes the 'Crown Prerogative'?

  • A set of powers initially held by the monarch, some of which are now exercised by government ministers. (correct)
  • A set of exclusively personal powers that only the monarch can execute.
  • The legally binding contract that outlines the powers of the legislative branch.
  • The mechanism by which Parliament can veto decisions made by the judiciary.

Blackstone defined prerogative as a special pre-eminence of the monarch. Which of the following is the key characteristic, following Blackstone, that distinguishes a prerogative power from other powers?

<p>It is a right or capacity the monarch enjoys alone. (D)</p> Signup and view all the answers

According to Dicey, how does the executive government legitimately act without the authority of an Act of Parliament?

<p>By invoking powers derived from the Crown's prerogative. (B)</p> Signup and view all the answers

Which statement accurately reflects the concept of 'residual power' inherent in the Sovereign as it relates to the prerogative?

<p>The Sovereign's power is exercised with the advice of the Prime Minister and other ministers. (B)</p> Signup and view all the answers

In the context of prerogative powers, what does the statement 'the statute rules' mean, as derived from the Attorney-General v De Keyser's Royal Hotel Ltd case?

<p>A royal prerogative can only be exercised if there is no existing legislation on the matter. (C)</p> Signup and view all the answers

What was the legal outcome of the Fixed-term Parliaments Act 2011 regarding royal prerogative?

<p>It replaced a specific royal prerogative. (D)</p> Signup and view all the answers

What principle regarding the extension of prerogative powers was established in British Broadcasting Corporation v Johns?

<p>The limits of the prerogative are well-settled. (C)</p> Signup and view all the answers

What crucial shift in the understanding of judicial review and prerogative powers emerged from the Council of Civil Service Unions v Minister for the Civil Service ([1984] UKHL 9) case?

<p>Judicial review of prerogative powers depends on the subject matter. (C)</p> Signup and view all the answers

In R (Miller) v Secretary of State for Exiting the European Union, what fundamental principle did the court emphasize regarding prerogative powers?

<p>Primary legislation is not subject to displacement by the Crown. (A)</p> Signup and view all the answers

According to the ruling in Cherry/Miller (No 2) [2019] UKSC 41, what is the role of the court in relation to prerogative powers?

<p>To define and enforce the limits of prerogative power. (D)</p> Signup and view all the answers

The House of Commons Public Administration Select Committee suggests what regarding the exercise of powers moved from Monarch to Ministers?

<p>This should no longer be acceptable without Parliament's say. (D)</p> Signup and view all the answers

According to Professor Rodney Brazier, what should governments clarify about any power they use?

<p>The source, nature, and extent of that power. (B)</p> Signup and view all the answers

Which Act includes a statutory basis for the management of the Civil Service?

<p>The Constitutional Reform and Governance Act 2010. (C)</p> Signup and view all the answers

What is the primary purpose of the Ministerial Code?

<p>To provide guidelines on the conduct and responsibilities of government ministers. (C)</p> Signup and view all the answers

What is a key difference between the 'elected' and 'unelected' elements of the executive branch?

<p>Members of the 'elected' executive are directly chosen by the public via elections; the 'unelected' are appointed. (A)</p> Signup and view all the answers

Which of these actions falls under personal prerogative powers?

<p>Granting assent to legislation. (B)</p> Signup and view all the answers

Which of the following actions from a minister would most clearly violate the concept of individual ministerial responsibility?

<p>Authorizing a policy that leads to significant errors within their department. (A)</p> Signup and view all the answers

Which area is generally considered as part of Ministerial Prerogative Powers.?

<p>Government and the Civil Service (B)</p> Signup and view all the answers

Which of the following powers is most likely to be categorized as a 'prerogative executive power' rather than a 'personal prerogative' of the Crown?

<p>The power to deploy armed forces overseas. (D)</p> Signup and view all the answers

What general trend has occurred regarding Crown prerogatives over the past several centuries?

<p>The powers have been whittled away via statute and judgements. (A)</p> Signup and view all the answers

What is the relationship between the Cabinet and the Secretaries of State?

<p>The Cabinet consists of Individual Secretaries of State. (A)</p> Signup and view all the answers

Which of the following is most accurate regarding the Cabinet?

<p>The Cabinet holds supreme executive authority. (D)</p> Signup and view all the answers

In the UK constitution, what serves to check the Crown Prerogative?

<p>Mechanisms for accountability and reform proposals. (D)</p> Signup and view all the answers

Which of the following roles does the Prime Minister perform?

<p>Oversees the operation of the Civil Service (B)</p> Signup and view all the answers

Which of the following is most accurate?

<p>There are seven principles in the Ministerial Code. (C)</p> Signup and view all the answers

Which of the following statements accurately describes the circumstances under which Baroness Warsi and John Profumo resigned?

<p>Baroness Warsi resigned in protest and John Profumo resigned for lying to parliament. (A)</p> Signup and view all the answers

What action is performed while in the Cabinet's Unitary decision-making body?

<p>Policies are debated and new laws are made. (C)</p> Signup and view all the answers

Why is it too late for queens courts to broaden the prerogative?

<p>More than 350 years and a civil war have settled statutory authority (D)</p> Signup and view all the answers

Which of the following is the name for the remaining discretionary power in the hands of the Crown?

<p>Prerogative (D)</p> Signup and view all the answers

Which of the following statements about primary legislation and the Crown is most accurate?

<p>Primary legislation is not subject to displacement by the Crown. (D)</p> Signup and view all the answers

Which of the following statements best describes the quote from Cherry/Miller (No 2) [2019] UKSC 41?

<p>Prerogatives have limits, and it is the function of the court to determine, when necessary, where they lie (B)</p> Signup and view all the answers

How does the 'glass' relate to the 'water' of legal authority.

<p>The glass represents legislation whereas the bottle represents legal authority. (D)</p> Signup and view all the answers

What is something ministers should be required to do?

<p>Identify the power, describe its source, nature, and extent. (A)</p> Signup and view all the answers

Flashcards

Prime Minister

The person ultimately responsible for government policy and decisions.

The Cabinet

A body that holds supreme executive authority and makes unitary decisions on policies and new laws.

Collective Responsibility

Convention that ministers must publicly support Cabinet decisions or resign.

Ministerial Responsibility

A convention that ministers are held responsible to Parliament for their actions and those of their departments.

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Personal Prerogative

Powers that include assent to legislation, appointment/removal of ministers, appointment of PM and granting of honors.

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Prerogative Executive Powers

Powers that include government and the civil service, justice system, foreign affairs (signing treaties, issuing passports), armed forces, war and times of emergency.

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Blackstone's Definition of Prerogative

A special pre-eminence, which the King hath over and above all other persons, and out of the ordinary course of the common law, in right of his regal dignity.

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Blackstone on Prerogative Limits

This can only be applied to those rights and capacities which the king enjoys alone and not to those which he enjoys in common with any of his subjects: for if once any one prerogative of the crown could be held in common with the subject, it would cease to be prerogative any longer.

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Attorney-General v De Keyser's Royal Hotel Ltd [1920]

If the whole ground of something which could be done by the prerogative is covered by the statute, it is the statute that rules.

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R (Miller) v Secretary of State for Exiting the European Union

Primary legislation is not subject to displacement by the Crown through the exercise of its prerogative powers.

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Cherry/Miller (No 2) [2019]

Every prerogative has its limits, and it is the function of the court to determine, when necessary, where they lie.

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Parliament and the Prerogative

Allowed powers to move from Monarch to Ministers without Parliament having a say in how they are exercised and now should no longer be acceptable to Parliament or the people.

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Defining the Prerogative

The residual power inherent in the Sovereign, now exercised mostly on the advice of the Prime Minister and Ministers of the Crown.

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The 2007 Governance of Britain Green Paper

A distinguishing feature of the British constitution is the extent to which government continues to exercise a number of powers which were not granted to it by a written constitution, nor by Parliament, but are, rather, ancient prerogatives of the Crown.

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Prerogative Definition

Every act which the executive government can lawfully do without the authority of the Act of Parliament is done in virtue of this prerogative.

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Judicial Review

Today the controlling factor in determining whether the exercise of prerogative power is subject to judicial review is not its source but its subject matter.

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Study Notes

  • Elected and unelected arms of the executive, the Crown Prerogative's legal framework, accountability mechanisms, reform proposals, and definitions are important to consider

The Crown

  • The Crown is symbolic of governmental authority

Prime Minister

  • The Prime Minister is responsible for government policy and decisions
  • This role oversees the Civil Service and governmental agencies
  • They appoint government members
  • The PM serves as the principal government representative in the House of Commons

The Cabinet

  • The Cabinets authority is supreme
  • It is a unitary decision-making body
  • Policies and new laws are determined in The Cabinet
  • Individual Secretaries of State are part of The Cabinet

The Ministerial Code

  • It outlines collective responsibility
  • It provides accountability to Parliament
  • There is individual ministerial responsibility outlined
  • It functions on seven principles

Ministers

  • Ministers must support Cabinet decisions or resign as part of collective responsibility
  • Ministerial responsibility entails convention to Parliament

Prerogative Powers

  • Prerogative powers are divided into personal prerogative and prerogative executive
  • The right to be consulted, encouraged, and to warn is a form of personal prerogative
  • The Prerogative is common law and a means for conducting Government
  • Prerogative powers can be replaced by statute

Constitutional or Personal Prerogative Powers

  • These powers include assent to legislation
  • They include appointment and removal of ministers
  • The appointment of Prime Minister and granting of something are examples of constitutional or personal prerogative powers

Blackstone on the Prerogative

  • The word "prerogative" means a special pre-eminence the king has over all other persons, outside of common law, due to regal dignity,
  • According to Blackstone, the prerogative can only be applied to rights the king enjoys alone
  • If a prerogative could be held in common with the subject, it would cease to be a prerogative

Governance of Britain Green Paper (2007)

  • It highlights the British constitution's distinguishing feature: the government's continued exercise of powers not granted by a written constitution or Parliament
  • These powers are ancient prerogatives of the Crown

Ministerial Prerogative Powers

  • Government and the Civil Service, the Justice system and law and order are ministerial prerogative powers
  • Powers relating to foreign affairs include treaties and passports
  • Powers relating to armed forces, war, and emergencies, are ministerial prerogative powers

The Prerogative

  • A.V. Dicey defines the prerogative as the remaining discretionary power in the Crown's hands, whether exercised by the King or ministers
  • The prerogative defines every lawful act that the executive branch can do outside of the authority of the Act of Parliament

Defining the Prerogative

  • The Cabinet Manual describes this as the residual power of the Sovereign
  • That power is exercised by the Prime Minister and Crown Ministers
  • The water inside the bottle is historic monarch powers
  • The powers have been poured out of the bottle into a glass
  • The water in the glass is the statute
  • The water left in the bottle is prerogative power retained, even when the executive exercises it

Attorney-General v De Keyser's Royal Hotel Ltd [1920] AC 508

  • Lord Dunedin stated that if a statute covers something achievable by prerogative, the statute rules
  • Lord Sumner: the Executive did not take possession under prerogative, because the Defence Acts superseded it

Examples

  • The Fixed Term Parliament Act 2011 replaced the royal prerogative
  • The Dissolution and Calling of Parliament Act 2022 revived it

Can the King Enhance Prerogative Powers?

  • The British Broadcasting Corporation v Johns (Inspector of Taxes) [1964] EWCA Civ 2 says that 350 years and a civil war is too late for the Queen's courts to broaden the prerogative
  • The limits within which the executive government may impose obligations or restraints upon citizens of the United Kingdom without any statutory authority are now well settled and incapable of extension

Judicial Review of Prerogative Powers

  • Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9 says the controlling factor in determining whether prerogative power exercise is subject to judicial review is its subject matter
  • Prerogative powers exercise was not subject to judicial review in the past

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61

  • It was assumed that the exercise of prerogative powers was immune from judicial review until the GCHQ case
  • Prerogative legislation should be subject to review on legality, rationality, and procedural impropriety principles like executive action

R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin).

  • A fundamental aspect of Parliamentary Sovereignty is that primary legislation is not subject to displacement by the Crown exercising prerogative powers

Cherry/Miller (No 2) [2019] UKSC 41

  • Prerogative power has limits, and the court determines where they lie

Parliament and the Prerogative

  • The prerogative has allowed powers to move from the Monarch to Ministers without Parliament's input on exercise
  • Governments should lack imprecise powers
  • The user of power should identify that power's source, nature, and extent
  • Ministers should be required to do just that

Constitutional Reform and Governance Act 2010

  • The Constitutional Reform and Governance Act 2010 has many parts and chapters

UCL Report: Reforming the Prerogative

Recap and Reflection

  • The elected and unelected arms of the executive, the Crown Prerogative law, accountability mechanisms, and current reform proposals are important to consider.

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Description

Exploration of the executive branch, including the Crown's symbolic role, the Prime Minister's responsibilities, and the Cabinet's decision-making authority. Examination of the Ministerial Code, focusing on collective responsibility, parliamentary accountability, and individual ministerial duties. Key components of executive governance are highlighted.

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