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?

    <p>Individual ministerial responsibility (A)</p> Signup and view all the answers

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

    <p>The Executive cannot derogate from fulfilling a statutory duty with prerogative powers. (A)</p> Signup and view all the answers

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

    <p>Covid Inquiry (A)</p> 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?

    <p>Laker Airways v Department of Trade (C)</p> Signup and view all the answers

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

    <p>Hutton Inquiry (A)</p> Signup and view all the answers

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

    <p>Emergency powers (A)</p> Signup and view all the answers

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

    <p>BBC v Johns (A)</p> Signup and view all the answers

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

    <p>Controlling the Cabinet (A)</p> Signup and view all the answers

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

    <p>Granting pardons (A)</p> Signup and view all the answers

    Which statement accurately describes the Cabinet's responsibility?

    <p>All members of the Cabinet are collectively responsible for decisions taken. (D)</p> Signup and view all the answers

    What power does the Prime Minister NOT typically possess?

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

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

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

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

    <p>Communication link between the Queen and government (A)</p> Signup and view all the answers

    Which function is a constitutional responsibility of the Crown?

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

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

    <p>There is no formal process to eliminate the Prime Minister. (D)</p> Signup and view all the answers

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

    <p>Controlling the Cabinet (B)</p> Signup and view all the answers

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

    <p>Deployment of armed forces (C)</p> Signup and view all the answers

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

    <p>Inherent and derived from constitutional conventions (A)</p> Signup and view all the answers

    Which function does the Crown NOT perform?

    <p>Controlling the media (A)</p> Signup and view all the answers

    What is the Cabinet's responsibility regarding decisions made?

    <p>Collective responsibility for Cabinet decisions (D)</p> Signup and view all the answers

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

    <p>Granting titles of nobility (B)</p> Signup and view all the answers

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

    <p>Recognition of foreign governments (A)</p> Signup and view all the answers

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

    <p>It preserves certain prerogative powers unless stated otherwise. (C)</p> Signup and view all the answers

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

    <p>GCHQ (B)</p> Signup and view all the answers

    Which of the following best describes collective ministerial responsibility?

    <p>All decisions made by the Cabinet must be supported publicly by all members. (B)</p> Signup and view all the answers

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

    <p>To comply with ECHR standards. (D)</p> Signup and view all the answers

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

    <p>Prorogation is subject to parliamentary sovereignty. (B)</p> Signup and view all the answers

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

    <p>Chilcot Inquiry (B)</p> Signup and view all the answers

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

    <p>Conflicts between public duties and private interests must be avoided. (B)</p> Signup and view all the answers

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

    <p>Mercy powers. (C)</p> Signup and view all the answers

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

    <p>Some prerogative powers are accorded absolute authority without review. (B)</p> Signup and view all the answers

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

    <p>To examine the UK’s response to the Covid-19 pandemic. (D)</p> Signup and view all the answers

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

    <p>Granting honours (A)</p> Signup and view all the answers

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

    <p>The PM is a communication link between the Queen and the government (A)</p> Signup and view all the answers

    What aspect of prerogative powers does the Queen NOT possess?

    <p>Creating new systems of laws (B)</p> Signup and view all the answers

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

    <p>Deployment of armed forces (C)</p> Signup and view all the answers

    Which statement is true about the Cabinet's responsibility?

    <p>The Cabinet operates under collective responsibility for decisions (B)</p> Signup and view all the answers

    What does the term 'prerogative powers' refer to?

    <p>Residual powers related to executive, legislative, and judicial functions (D)</p> Signup and view all the answers

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

    <p>Controlling public revenue (C)</p> Signup and view all the answers

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

    <p>The Queen's power to pardon (A)</p> Signup and view all the answers

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

    <p>The principle of parliamentary sovereignty (A)</p> Signup and view all the answers

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

    <p>GCHQ (A)</p> Signup and view all the answers

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

    <p>All ministers are collectively accountable for decisions (A)</p> Signup and view all the answers

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

    <p>It prevents Parliament from holding the Executive accountable (D)</p> Signup and view all the answers

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

    <p>To empower inquiries to compel testimony (A)</p> Signup and view all the answers

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

    <p>Ministers should ensure no conflicts between duties and interests arise (A)</p> Signup and view all the answers

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

    <p>Absolute powers are not subject to judicial scrutiny (B)</p> Signup and view all the answers

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

    <p>It highlighted failures in ministerial accountability (B)</p> Signup and view all the answers

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

    <p>It creates new grounds for review of public bodies (A)</p> Signup and view all the answers

    Flashcards

    The Crown

    The formal head of the British government, usually a monarch. They act as the symbolic figurehead and have limited political power.

    Prerogative Powers

    Powers held by the Crown, not explicitly defined by law but passed down through tradition. They cover areas like war, treaties, and pardons, but not lawmaking.

    Prime Minister

    The UK's highest elected official, leading the government and responsible for formulating and implementing policy.

    Cabinet

    A group of senior ministers responsible for different policy areas, collectively responsible for government decisions.

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    Appointing and Dismissing Ministers

    The Prime Minister's power to appoint and dismiss government ministers, influencing the direction of the government and its policies.

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    Appointing the Prime Minister

    A process where the Prime Minister is formally selected by the monarch, usually the leader of the party winning a general election. This is a key step in forming a government.

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    Dissolving Parliament

    The process of dissolving Parliament, leading to a general election where voters choose their representatives.

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    Giving Royal Assent

    The Crown's approval of legislation passed by Parliament, making it official law.

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    R v Home Secretary, ex parte Fire Brigades Union

    The court held that prerogative powers cannot be used by the Executive to avoid fulfilling statutory duties, in this case, the Fire Brigades Union's statutory duty regarding firefighters' pay.

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    Ministerial Responsibility

    A constitutional convention that requires ministers to be accountable for their actions, especially if the actions have gone wrong.

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    Collective Ministerial Responsibility

    A principle that requires ministers to resign if they are deemed to have acted improperly or if they lose the confidence of the government.

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    Individual Ministerial Responsibility

    The principle that holds individual ministers accountable for their own actions and decisions, even if the entire Cabinet is responsible as a whole.

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    Public Inquiry

    A formal inquiry conducted by a public body to investigate a specific issue of concern.

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    GCHQ Case (1985)

    A landmark ruling by the House of Lords that established that prerogative powers can be subject to judicial review. The Court's role is to ensure that prerogative powers are used lawfully and not to undermine the rule of law.

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    Prorogation of Parliament

    The power of the monarch to dissolve Parliament and call a new election. This power is subject to judicial review and cannot be used to undermine the sovereignty of Parliament.

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    Miller/Cherry v The Prime Minister (2019)

    The Supreme Court held that the prorogation of Parliament was unlawful, citing that the prerogative power to prorogue is limited by the principle of parliamentary sovereignty and cannot be used to obstruct Parliament's functions.

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    Prerogative and the Human Rights Act 1998

    The Human Rights Act 1998 requires all public bodies to act in a way that is compatible with the European Convention on Human Rights. This has given the courts a new ground for reviewing prerogative powers.

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    What is the Crown?

    The formal head of the British Government, usually a monarch. They act as the symbolic figurehead and have limited political power.

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    What are prerogative powers?

    A set of traditional powers held by the Crown that are not explicitly stated in law. These powers cover various areas, including war, treaties, and pardoning convicted offenders.

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    Who is the Prime Minister and what are their roles?

    The Prime Minister is the leader of the government and responsible for formulating and implementing policies. They are appointed by the monarch, usually the head of the party that wins a general election.

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    What is the Cabinet?

    The Cabinet is a group of senior ministers who advise the Prime Minister and are collectively responsible for the government's decisions.

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    What is the Prime Minister's power regarding government ministers?

    The Prime Minister has the power to choose and dismiss ministers. This power allows the PM to shape the government's direction and policies.

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    What is the Prime Minister's role in communication between the Queen and the government?

    The Prime Minister acts as the main link between the Queen and the government, conveying the Queen's wishes to the government and informing the Queen about government decisions.

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    What are the Prime Minister's powers related to the armed forces?

    The Prime Minister is responsible for deploying the armed forces in times of conflict or emergencies. This power aligns with the prerogative powers that are historically granted to the Crown.

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    What is the role of the Prime Minister in mobilizing the armed forces?

    The Prime Minister is tasked with mobilizing the armed forces in emergencies. This duty aligns with the prerogative powers held by the Crown, which give the executive branch special powers in crisis situations.

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    Prorogation of Parliament (Miller/Cherry 2019)

    The power to prorogue Parliament (dismiss it) is not absolute. It can be reviewed by courts and cannot be used to obstruct Parliament's duties.

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    Executive Cannot Derogate from Statutory Duty (Fire Brigades Union)

    This principle ensures that the Executive cannot use prerogative powers to contradict or disregard statutory duties.

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    GCHQ Case

    The Court can scrutinize prerogative powers if they interfere with the rule of law or human rights.

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    Prorogation of Parliament (Miller/Cherry)

    The prerogative power to prorogue parliament is limited by parliamentary sovereignty and subject to judicial review.

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    Human Rights Act 1998

    All public bodies, except Parliament, must act in a way compatible with the European Convention on Human Rights.

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    Public Inquiries

    Formal inquiries conducted by a public body investigating a specific issue of concern.

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    Ministerial Code 2010

    Ministers must ensure no conflict between personal interests and public duties.

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    Absolute Prerogative Powers

    Powers that are not reviewable by the courts.

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    What power does the Prime Minister have regarding government ministers?

    The power to choose and dismiss ministers. This power allows the PM to shape the government's direction and policies.

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    What is the Prime Minister's role in communication between the Crown and the government?

    The Prime Minister acts as the main link between the Queen and the government, conveying the Queen's wishes to the government and informing the Queen about government decisions.

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    What is the 2019 Prorogation of Parliament case about?

    The power to prorogue Parliament (dismiss it) is not absolute. It can be reviewed by courts and cannot be used to obstruct Parliament's duties.

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    What is the Fire Brigades Union Case about?

    This principle ensures that the Executive cannot use prerogative powers to contradict or disregard statutory duties.

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    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.

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