L.6 Executive

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Questions and Answers

What limits the exercise of prerogative powers by the Executive?

The necessity of public support

Judicial discretion

International treaties

The principle of parliamentary sovereignty (correct)

Under which Act are all public bodies required to act in a way compatible with the European Convention on Human Rights?

Human Rights Act 1998 (correct)

Public Interest Disclosure Act 1998

Inquiries Act 2005

Crown Proceedings Act 1949

Which case established that some prerogative powers are subject to judicial scrutiny?

GCHQ (correct)

BBC v Johns

Miller/Cherry

R v Home Secretary, ex parte Fire Brigades Union

Which type of ministerial responsibility ensures no conflict between public duties and private interests?

Individual ministerial responsibility Signup and view all the answers

What was the verdict in the case of ex parte Fire Brigades Union regarding prerogative powers?

The Executive cannot derogate from fulfilling a statutory duty with prerogative powers. Signup and view all the answers

Which inquiry was established to examine the UK's response to the Covid-19 pandemic?

Covid Inquiry Signup and view all the answers

In which case did the court rule that the government could not use prerogative power to defeat statutory power?

Laker Airways v Department of Trade Signup and view all the answers

Which inquiry was carried out in response to the death of Dr. Kelly?

Hutton Inquiry Signup and view all the answers

What type of prerogative powers are considered non-reviewable by the courts?

Emergency powers Signup and view all the answers

Which case affirmed that the Crown and the Executive cannot create new prerogative powers at common law?

BBC v Johns Signup and view all the answers

Which of the following is NOT a function of the Crown?

Controlling the Cabinet Signup and view all the answers

What is one of the main prerogative powers of the Crown?

Granting pardons Signup and view all the answers

Which statement accurately describes the Cabinet's responsibility?

All members of the Cabinet are collectively responsible for decisions taken. Signup and view all the answers

What power does the Prime Minister NOT typically possess?

Granting royal assent to legislation Signup and view all the answers

Which of the following is an example of a prerogative power related to foreign affairs?

Declaring war Signup and view all the answers

What does the Prime Minister act as in relation to the Queen?

Communication link between the Queen and government Signup and view all the answers

Which function is a constitutional responsibility of the Crown?

Granting mercy Signup and view all the answers

Which statement is true regarding the powers of the Prime Minister?

There is no formal process to eliminate the Prime Minister. Signup and view all the answers

Which function does the Prime Minister perform related to the civil service?

Controlling the Cabinet Signup and view all the answers

What is an example of a prerogative power related to emergencies?

Deployment of armed forces Signup and view all the answers

Which of the following best describes the constitutional status of the Prime Minister's powers?

Inherent and derived from constitutional conventions Signup and view all the answers

Which function does the Crown NOT perform?

Controlling the media Signup and view all the answers

What is the Cabinet's responsibility regarding decisions made?

Collective responsibility for Cabinet decisions Signup and view all the answers

Which of the following is a prerogative power specifically assigned to the Crown?

Granting titles of nobility Signup and view all the answers

In relation to foreign affairs, which of the following prerogative powers belongs to the Crown?

Recognition of foreign governments Signup and view all the answers

What is the significance of the Crown Proceedings Act 1949 in relation to prerogative powers?

It preserves certain prerogative powers unless stated otherwise. Signup and view all the answers

In which case did the House of Lords assert that some prerogative powers are subject to judicial scrutiny?

GCHQ Signup and view all the answers

Which of the following best describes collective ministerial responsibility?

All decisions made by the Cabinet must be supported publicly by all members. Signup and view all the answers

What does Section 6 of the Human Rights Act 1998 require from public bodies?

To comply with ECHR standards. Signup and view all the answers

What principle did the UK Supreme Court reinforce regarding the prorogation of Parliament in the Miller/Cherry case?

Prorogation is subject to parliamentary sovereignty. Signup and view all the answers

Which inquiry was established to examine the UK’s actions during the Iraq conflict?

Chilcot Inquiry Signup and view all the answers

What does individual ministerial responsibility entail according to the Ministerial Code?

Conflicts between public duties and private interests must be avoided. Signup and view all the answers

What power exists in statute that could be considered reviewable by the courts?

Mercy powers. Signup and view all the answers

Which statement is true regarding the role of the courts in reviewing prerogative powers?

Some prerogative powers are accorded absolute authority without review. Signup and view all the answers

What is the primary purpose of the Covid Inquiry established under the Inquiries Act 2005?

To examine the UK’s response to the Covid-19 pandemic. Signup and view all the answers

Which of the following is a primary function of the Crown?

Granting honours Signup and view all the answers

Which of the following accurately describes the role of the Prime Minister?

The PM is a communication link between the Queen and the government Signup and view all the answers

What aspect of prerogative powers does the Queen NOT possess?

Creating new systems of laws Signup and view all the answers

In relation to emergencies, which prerogative power does the government possess?

Deployment of armed forces Signup and view all the answers

Which statement is true about the Cabinet's responsibility?

The Cabinet operates under collective responsibility for decisions Signup and view all the answers

What does the term 'prerogative powers' refer to?

Residual powers related to executive, legislative, and judicial functions Signup and view all the answers

Which of the following is NOT an example of a prerogative power?

Controlling public revenue Signup and view all the answers

Which prerogative power allows for the immediate pardoning of convicted offenders?

The Queen's power to pardon Signup and view all the answers

What governs the ability of the courts to challenge the exercise of prerogative powers by the Executive?

The principle of parliamentary sovereignty Signup and view all the answers

In which case did the House of Lords establish that certain prerogative powers are accountable to judicial scrutiny?

GCHQ Signup and view all the answers

Which of the following is a characteristic of the collective ministerial responsibility?

All ministers are collectively accountable for decisions Signup and view all the answers

What was a primary reason established by Miller/Cherry for the limitation of prorogation power?

It prevents Parliament from holding the Executive accountable Signup and view all the answers

What is one of the main purposes of the Inquiries Act 2005 in the context of public inquiries?

To empower inquiries to compel testimony Signup and view all the answers

Which of the following statements accurately reflects the concept of individual ministerial responsibility according to the Ministerial Code?

Ministers should ensure no conflicts between duties and interests arise Signup and view all the answers

What distinguishes absolute prerogative powers from non-absolute prerogative powers?

Absolute powers are not subject to judicial scrutiny Signup and view all the answers

What was a key takeaway from the Scott Report regarding arms to Iraq?

It highlighted failures in ministerial accountability Signup and view all the answers

How does the Human Rights Act 1998 affect the review of prerogative powers?

It creates new grounds for review of public bodies Signup and view all the answers

Study Notes

The Crown - Functions

The Crown is the constitutional monarch, head of state, head of the Commonwealth, head of the armed forces, and head of the Church of England.
Key functions include giving royal assent to legislation, opening Parliament, dissolving Parliament, appointing the Prime Minister, and granting honors.
The Crown cannot create new prerogative powers.

The Government Structure

The government comprises the Crown, Prime Minister, Cabinet, Members of Parliament (MPs), and civil servants.
The Prime Minister's office is based on convention, deriving power from prerogative powers.

Prime Minister's Functions

Appoints and dismisses government ministers.
Formally appoints senior judges.
Controls the Cabinet.
Serves as the Minister for the Civil Service.
Heads internal security services.
Acts as a communication link between the Queen and the government.
Mobilizes the armed forces.
Has special media access.
No formal process for removal.

The Cabinet

All Cabinet members are collectively responsible for decisions, as outlined in the Ministerial Code (2010 and 2015).

Prerogative Powers

Prerogative powers are significant constitutional sources, affecting executive, legislative, and judicial functions.
These powers relate to the legislature (e.g., Royal Assent), courts (e.g., pardon), foreign affairs (e.g., immigration restrictions), war and armed forces, immunities, and emergencies.
Examples include declaring war and peace, deploying armed forces, entering treaties, recognizing foreign states, and acting in emergencies.
Prerogative powers are residual and may be replaced by statute unless specifically preserved.

Prerogative Powers and the Courts

Courts can question the use of prerogative powers.
BBC v Johns established the Crown cannot create new prerogative powers.
Laker Airways determined the court assesses the existence, not the exercise, of a prerogative power.
GCHQ established some powers are subject to judicial scrutiny (accountability considerations).
Absolute powers (e.g., armed forces, foreign affairs, emergency powers) are generally non-reviewable.
Non-absolute powers (e.g., statutory powers, mercy) are reviewable.
The Executive cannot exercise prerogative powers in a way that undermines statutory duties (Fire Brigades Union).

Prerogative Powers and Human Rights

The Human Rights Act 1998 provides grounds for review of prerogative powers, particularly regarding compatibility with the European Convention on Human Rights.
All public bodies (excluding Parliament) must act compatibly with the ECHR (Section 6 of the HRA).

Prorogation of Parliament

Miller/Cherry case determined the power to prorogue Parliament is not unlimited and subject to judicial review, limited by parliamentary sovereignty.

Ministerial Responsibility

Collective ministerial responsibility (Cabinet) and individual ministerial responsibility are constitutional conventions.
Examples include resignations due to government actions (e.g., Iraq War).
The doctrine allows for adaptability, such as coalition agreements.

Individual Ministerial Responsibility

Ministers must avoid conflicts between public and private interests (Ministerial Code 2010). Failure to comply may lead to removal.

Public Inquiries

Public inquiries (e.g., Scott Report, Hutton Inquiry, Chilcot Inquiry) investigate significant events.
The Inquiries Act 2005 establishes procedures for inquiries, including the Covid-19 pandemic inquiry.

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Description

Explore the roles and responsibilities of The Crown, the Prime Minister, and the Cabinet within the government structure. This quiz covers key functions such as royal assent, legislative duties, and the distribution of power among various government officials.