UK Government Executive Branch

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Questions and Answers

What is the primary purpose of the executive branch in the UK government?

  • To represent the UK in international affairs
  • To make and implement public policy (correct)
  • To oversee judicial decisions
  • To create legislation

Which component is NOT part of the central government in the UK?

  • Government departments
  • Civil Service
  • House of Lords (correct)
  • Prime Minister

Which statement best describes the role of the Prime Minister in the UK government?

  • A constitutional practice often combined with another government role (correct)
  • An elected official without any advisory powers
  • A position primarily for representing the monarchy
  • An executive position defined by strict legal frameworks

What does Lord Hailsham's concept of 'elective dictatorship' refer to?

<p>An executive branch with overwhelming power due to parliamentary support (A)</p> Signup and view all the answers

Which of the following accurately represents the responsibilities of the executive branch regarding legislation?

<p>Implements Acts of Parliament and drafts legislation (A)</p> Signup and view all the answers

What is the primary role of civil servants in government?

<p>To support Ministers and implement programs and projects (C)</p> Signup and view all the answers

Which Act established a new legal base for the civil service?

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

What is the Carltona principle primarily concerned with?

<p>Allowing civil servants to make decisions on behalf of Ministers when discretionary power exists (A)</p> Signup and view all the answers

How many civil servants are there approximately in the civil service?

<p>Approximately 543,000 (A)</p> Signup and view all the answers

Who approves the appointment of special advisers in a government?

<p>The Prime Minister (B)</p> Signup and view all the answers

What is the primary role of the Prime Minister concerning ministerial appointments?

<p>To make all appointments to ministerial office (C)</p> Signup and view all the answers

Which Act contributed to legalizing certain aspects of government departmental structure?

<p>Ministers of the Crown Act 1975 (D)</p> Signup and view all the answers

Which of the following statements about the Cabinet is accurate?

<p>The Cabinet usually includes 21-23 senior government Ministers (C)</p> Signup and view all the answers

What is a key feature of the Ministerial Code?

<p>It regulates the behavior of ministers but is not legally binding (D)</p> Signup and view all the answers

How are conflicts of interest perceived under the guidelines for ministers?

<p>Ministers should ensure that no conflict arises between private interests and public duties (A)</p> Signup and view all the answers

Which power does the Crown possess regarding foreign affairs?

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

What does the Crown Proceedings Act 1947 primarily relate to?

<p>Civil actions against the Crown (D)</p> Signup and view all the answers

In judicial review, what is a key limitation regarding prerogative powers?

<p>They must align with statutes (B)</p> Signup and view all the answers

What is a primary function that remains within the prerogative powers of the Crown?

<p>Stop criminal prosecutions (B)</p> Signup and view all the answers

Which statement is true regarding the recognition of prerogative powers by courts?

<p>Courts will acknowledge existing prerogative powers (B)</p> Signup and view all the answers

What are the three sources of legal authority for the UK executive branch?

<p>Statutory powers, prerogative powers, and third source powers (C)</p> Signup and view all the answers

What defines prerogative powers in the UK?

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

Which statement accurately describes ‘third source’ powers in the UK executive?

<p>They are powers that can be exercised if no law specifically prohibits their use. (D)</p> Signup and view all the answers

Which of the following accurately reflects the historical context of the royal prerogative?

<p>Its scope was determined by conflicts resolved through courts and Parliament. (D)</p> Signup and view all the answers

What is a current limitation on the royal prerogative concerning treaties?

<p>Parliament has the right to veto treaties negotiated by the government. (D)</p> Signup and view all the answers

How did the Bill of Rights 1689 influence the royal prerogative?

<p>It curtailed the absolute powers of the monarch and supported responsible government. (C)</p> Signup and view all the answers

In medieval times, what was one of the king's primary roles concerning the realm?

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

What is a defining feature of the royal prerogative in today's context?

<p>Many prerogative powers are exercised without prior authority from Parliament. (C)</p> Signup and view all the answers

Flashcards

Executive Branch Function

Develops and implements public policies, carrying out laws passed by the legislature.

UK Government Support

A UK government needs a majority in Parliament to operate effectively.

Prime Minister's Role

The head of the UK government, holding a key position and making appointments.

UK Central Government Components

A collection of key figures (like the Prime Minister, Ministers, etc.) and organizations like government departments which run the UK.

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Executive-Legislative Relationship

The relationship between the branches of government (making laws & implementing them).

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Prime Minister's Powers

The Prime Minister appoints ministers, controls government departments, and sets government priorities.

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Ministerial Offices

Positions within the government that handle specific areas of public policy.

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Government Departments

Branches of the government that carry out public policy.

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Cabinet Composition

The Cabinet is a group of senior ministers, usually 21-23, who advise the Prime Minister.

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Ministerial Code

A set of rules guiding ministers' behavior, although not legally binding.

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Civil Servants

Permanent, impartial officers who deliver services, support ministers, and implement government programs and projects.

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Civil Service Structure

The organizational framework of the civil service, significantly changed since the 1980s to improve efficiency and control costs.

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Special Advisers (SPADs)

Politically appointed individuals involved in developing government policies and presenting them.

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Carltona Principle

When a minister has a decision-making power, a civil servant within the relevant department can usually make that decision on the minister's behalf.

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Permanent Secretary

Senior civil servant who manages a government department.

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Executive Branch Powers

The UK executive branch draws its legal authority from three sources: statutory powers (laws passed by Parliament), prerogative powers (historic rights of the Crown), and 'third source' powers (actions not explicitly prohibited by law).

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Prerogative Powers

These are powers traditionally held by the Crown, accepted by the courts as part of the common law. They are not based on statutes but are considered inherent to the monarchy.

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Third Source Powers

These powers are neither statutory nor prerogative. The executive can exercise them if no law prevents them from doing so. Their use can be controversial.

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Royal Prerogative - History

Historically, the monarch held ultimate power and lawmaking authority. These powers, called the royal prerogative, were residual, meaning they remained after Parliament gained power.

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Royal Prerogative - Contemporary

Today, the prerogative is exercised by or on behalf of the government of the day. Parliament's approval is not always needed, but there are limits to the scope of these powers.

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Prerogative Powers - Examples

Examples of prerogative powers include summoning and proroguing Parliament, making treaties, declaring war, and granting pardons.

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Constitutional Reform and Governance Act 2010

This act aimed to limit the scope of some prerogative powers by requiring the government to consult with Parliament. It also established the principle of ministerial accountability.

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Parliament's Role in Prerogative

While the government typically exercises prerogative powers, Parliament has the right to scrutinize these actions and can introduce legislation to limit or replace them entirely.

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Royal Prerogative

The remaining powers that the monarch holds in the UK, such as appointing and dismissing ministers, declaring war, and granting pardons. These powers are not explicitly stated in law but stem from historical tradition.

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Prerogative Powers and Statutes

Statutes can limit the monarch's prerogative powers when they conflict with the law. The monarch cannot exceed their powers under statute.

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Judicial Review of Prerogative Powers

The courts can review the use of prerogative powers, ensuring that they are not used arbitrarily or illegally.

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Council of Civil Service Unions v. Minister for the Civil Service (GCHQ Case)

A landmark case that established that the royal prerogative is subject to judicial review. It confirmed the courts' ability to examine how the monarch uses their remaining powers.

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Fire Brigades Union

This case demonstrated that the executive government cannot use prerogative powers to undermine the fulfillment of statutory duties.

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Study Notes

UK Government - Sources of Power

  • The UK government's executive branch has the purpose of creating and enacting public policies.
  • This branch is responsible for executing and administering laws passed by the legislature.
  • The executive branch 'runs the country' and proactively creates and modifies public policy.
  • It also responds to unforeseen events.
  • Policy changes are initiated by the executive, then passed to the parliament for legislation, and finally implemented by the executive.

Learning Objectives

  • Understanding the function of the executive branch.
  • Identifying the components of the UK government.
  • Explaining the roles and nature of the UK government's components.

The Executive Branch

  • The function of the executive branch is to develop and implement public policies.
  • It carries out and administers laws created by the legislature.
  • Its role includes managing the country and proactively developing alternative policy changes.
  • It reacts to abrupt and unexpected events.

An Elective Dictatorship?

  • The relationship between the executive and legislative branches impacts political systems.
  • Composition of the House of Commons directly affects the political status of the executive.
  • A governing majority is essential to hold the position of power.
  • The executive branch proposes drafts of bills in the House of Commons.
  • The executive branch enjoys a significant amount of influence over parliament and its acts.

Central Government

  • The Monarch, Prime Minister, and Ministers are key components, along with government departments, the Cabinet, Civil Service, and special advisors.
  • Secretaries of State, Junior Ministers, Whips, and the Lord Chancellor are also part of these groups.

Prime Minister

  • The position of Prime Minister is shaped by constitutional practice rather than formal laws.
  • Often held in conjunction with another significant role, like First Lord of the Treasury.
  • The Prime Minister determines appointments and approves the recruitment of civil servants, commissioners, and other senior officials.
  • The Prime Minister also directly controls the government's executive machinery, and sets the government's priorities.
  • Collective responsibility of the UK Cabinet strengthens the power of the Prime Minister.

Ministers and Departments

  • Ministerial offices have a longer history than the Prime Minister's office.
  • Government departments are staffed by civil servants and funded by Treasury grants.
  • The creation of new departments or renames are often done via constitutional convention.
  • The "Crown Act 1975" plays a part in regulating ministerial functions.
  • The Ministerial Code guides the behaviour of ministers, but it is not legally binding and has a significant role concerning financial matters.
  • Ministers must prevent personal conflicts of interests from impacting public duty.
  • Government often provides ministerial meeting updates on websites.

Cabinet

  • The Cabinet usually consists of 21-23 members, including the Prime Minister.
  • The UK Cabinet's composition isn't regulated by statute, but the number of salaried Cabinet positions is restricted.
  • Cabinet committees now often exist in place of or with the Cabinet, like National Security Council, EU Exit Strategy, and Covid-19 Strategy.
  • The Cabinet Secretary provides support to Cabinet committees.

Civil Service

  • Civil servants are permanent and unbiased public officials responsible for handling and processing government tasks and projects.
  • The Constitutional Reform and Governance Act of 2010 established a legal basis for the civil service.
  • Approximately 543,000 individuals currently work within the civil service.
  • Civil service structure has undergone major changes focused on costs and efficiency.
  • Senior Civil Servants manage government departments with a permanent role within them.
  • The Carltona principle is utilized to delegate ministerial duties to civil servants within departments.

Special Advisers (SPADs)

  • Special Advisers (SPADs) are political appointees who help develop and present government policies.
  • Unlike civil servants, SPADs engage in party political activities.
  • Appointments of SPADs often require the Prime Minister's approval and are contingent on the Minister's position.

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