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?

It cannot create courts any longer. Signup and view all the answers

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

Courts determine the existence of prerogative powers but not their manner of exercise. Signup and view all the answers

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

Statutory powers, Prerogative powers, 'Third source' powers Signup and view all the answers

Which of the following best describes prerogative powers?

Powers acknowledged by courts as part of common law Signup and view all the answers

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

It led to the growth of responsible government and limits on prerogative Signup and view all the answers

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

The Monarch's involvement in prerogative powers is limited and exercised on behalf of the government Signup and view all the answers

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

They must align with the functions of private individuals Signup and view all the answers

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

Negotiating international treaties Signup and view all the answers

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

To protect the realm and serve the public good Signup and view all the answers

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

It imposes limits on the use of prerogative powers Signup and view all the answers

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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Description

This quiz explores the sources of executive power in the UK, including statutory, prerogative, and third source powers. It also delves into the historical context of prerogative powers and their evolution from monarchal authority to constitutional governance. Test your knowledge of the UK's legal and political framework!