UK Executive Powers Overview

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Questions and Answers

What is a limitation on the exercise of prerogative powers by the executive?

  • It cannot be exercised in a manner that contradicts public opinion.
  • It must always follow international treaties.
  • It must be approved by the judiciary.
  • It cannot derogate from the fulfillment of a statutory duty. (correct)

Which power does the government hold concerning war and armed forces?

  • The power to construct military bases.
  • The power to levy taxes for military funding.
  • The power to recruit soldiers.
  • The power to declare war. (correct)

In which case was the royal prerogative established as subject to judicial review?

  • Council of Civil Service Unions v Minister for the Civil Service. (correct)
  • R (Miller) v Secretary of State for Exiting the European Union.
  • R v Secretary of State for Defence.
  • Fire Brigades Union v Secretary of State for the Home Department.

What authority does Parliament have concerning the creation of courts?

<p>It cannot create courts any longer. (B)</p> Signup and view all the answers

What is a characteristic of the judicial review of prerogative powers?

<p>Courts determine the existence of prerogative powers but not their manner of exercise. (C)</p> Signup and view all the answers

What are the three sources of legal authority on which the UK executive branch can act?

<p>Statutory powers, Prerogative powers, 'Third source' powers (C)</p> Signup and view all the answers

Which of the following best describes prerogative powers?

<p>Powers acknowledged by courts as part of common law (B)</p> Signup and view all the answers

What is the significance of the Bill of Rights 1689 in relation to royal prerogative?

<p>It led to the growth of responsible government and limits on prerogative (A)</p> Signup and view all the answers

Which statement correctly reflects the current role of the Monarch in relation to prerogative powers?

<p>The Monarch's involvement in prerogative powers is limited and exercised on behalf of the government (D)</p> Signup and view all the answers

What determines the uncontroversial use of 'third source' powers?

<p>They must align with the functions of private individuals (C)</p> Signup and view all the answers

Which power has Parliament gained the right to veto in recent years?

<p>Negotiating international treaties (D)</p> Signup and view all the answers

During the Medieval times, what was one primary duty of the King related to power?

<p>To protect the realm and serve the public good (C)</p> Signup and view all the answers

What does the Constitutional Reform and Governance Act 2010 signify in the context of executive powers?

<p>It imposes limits on the use of prerogative powers (D)</p> Signup and view all the answers

Flashcards

Executive Branch Powers

Legal powers of the UK executive branch, sourced from statutes, prerogative, and 'third source' powers.

Prerogative Powers

Special powers of the executive branch, recognized as part of common law. Often related to the overall public interest.

'Third Source' Powers

Powers not explicitly statutory or prerogative but exercised if there is no law to prevent them from doing so.

Royal Prerogative

The residual powers exercised by the monarch (or government today), stemming from historical practice.

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Statutory Powers

Powers explicitly granted to the executive by acts of Parliament.

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Constitutional Monarchy

A system of government where the monarch's power is limited and defined by the constitution.

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Prerogative Power Limits

Prerogative powers have bounds. Today, Parliament often reviews and limits these powers.

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Prerogative Power History

Powers deriving from historical practices; their application and scope are subject to court scrutiny and evolution over time.

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Judicial Review of Prerogative

Courts can review the government's use of prerogative powers, but generally don't interfere with how they're used.

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Prerogative Power & Statutes

The government can't use a prerogative power in a way that would go against a specific law (statute).

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GCHQ case

Landmark case that clarified that royal prerogative is subject to judicial review.

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Crown Proceedings Act 1947

A law that dictates the procedures when the Crown (government) is involved in a legal action.

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Study Notes

UK Executive Powers

  • The UK executive branch derives power from three sources:
    • Statutory powers
    • Prerogative powers
    • "Third source" powers (not statutory or prerogative, but actions allowed as no law prohibits them)
  • Uncontroversial "third source" activities are those an individual could also perform; contentious ones are outside an individual's legal right.

Prerogative Powers

  • Historically, the monarch held all power, with prerogative powers being the residue.
  • Medieval times saw the monarch holding powers to protect the realm and the public good, but also being subject to law. King's courts handled land disputes, felonies, and other matters, while the Council managed other issues.
  • 17th-century conflicts led to the execution of a king, the expulsion of another, and ultimate resolution through courts and Parliament. The Bill of Rights (1689) marked the beginning of responsible government and a constitutional monarchy.
  • Today, these powers are exercised by or on behalf of the government, without prior need of Parliamentary authority, with limitations.
    • The Constitutional Reform and Governance Act 2010 introduced some limits.

Prerogative Powers Today

  • Legislature: Summoning and proroguing Parliament, hereditary peers, and orders in Council to legislate.
  • Judiciary: No longer creating courts; Parliament holds that power. Some functions related to criminal justice (like the power to stop prosecutions and pardon).
  • Foreign affairs: Powers relating to these.
  • Treaties: Parliament now has the right to veto treaty obligations.
  • War and Armed Forces: Declaring war.
  • Patronage: Appointments and honours.
  • Immunities: Crown is not bound by statutes, unless explicitly stated.
  • Taxes: The Crown receives tax-exempt benefits from certain sources.
  • Crown Proceedings Act 1947: This act governs the procedures for bringing claims against the Crown.

Prerogative Powers and the Courts

  • Courts will not recognize newly created prerogative powers.
  • Difficult situations arise when deciding where old powers apply to new situations.
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 (GCHQ case): clarified that prerogative powers are subject to judicial review..
  • Executive actions cannot take actions that conflict with a statute and derogate from fulfilling a stated duty (like in Fire Brigades Union, 1995).
  • Courts define a prerogative power's existence but regulate how it's exercised. Court's determines where limits are if they exist .

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