Public Law I - Sources Of Power PDF

PUBLIC LAW I – SOURCES OF POWER The UK Government Dr Tarik Olcay University of Dundee Week 7  LEARNING OBJECTIVES Explain the function of the executive branch Describe the components of the UK government Explain the nature and role of the components of t...

PUBLIC LAW I – SOURCES OF POWER The UK Government Dr Tarik Olcay University of Dundee Week 7  LEARNING OBJECTIVES Explain the function of the executive branch Describe the components of the UK government Explain the nature and role of the components of the UK government  THE EXECUTIVE BRANCH Purpose: to make and implement public policy Executes and administers law enacted by the legislature ‘runs the country’ ‘initiative-taker’ develops and designs changes to public policy reacts to sudden, unforeseen events Figure 4.1 How policy changes are effected Chapter: 4. UK Central Government Author(s): Mark Elliott and Robert Thomas From: Public Law Downloaded from Law Trove. © Oxford University Press  AN ‘ELECTIVE DICTATORSHIP’? Relationship between the executive and legislative branches Political nature of the executive determined by the composition of the House of Commons The government will have the support of a majority in the House of Commons Executive Drafts Bills Has majority in the House of Commons Implements Acts of Parliament Elective dictatorship?  Lord Hailsham  CENTRAL GOVERNMENT The Monarch Prime Minister Ministers Secretaries of State, Junior Ministers, Whips, the Lord Chancellor, Attorney-General Government departments Cabinet Civil Service Special advisers  PRIME MINISTER The nature of the office Constitutional practice rather than law Held along with another recognised post (now: First Lord of the Treasury) A range of appointments made or approved by PM, e.g. commissioners, most senior civil servants, Crown appointments Powers of the Prime Minister in relation to the Cabinet Makes all appointments to ministerial office Controls the machinery of central government ( government departments) Able to determine present priorities of his/her government from 10 Downing Street  MINISTERS AND DEPARTMENTS Ministerial offices Some offices have longer history than the office of PM Government departments Branches staffed by civil service and paid by Treasury funds Created by constitutional convention but certain aspects now legalised – Ministers of the Crown Act 1975 New departments are easily created or renamed Ministers of the Crown ‘the holder of any office in HM Government in the UK’ Constitutional convention that ministers come from Commons and Lords  MINISTERS AND DEPARTMENTS The Ministerial Code Part of new constitutional structure, but not legally binding Regulates the behaviour of ministers Financial interests of ministers Ministers often make decisions that have significant financial implications Overriding principle: ministers must ensure that no conflict arises, or could reasonably be perceived to arise, between their private interests and their public duties Interests now published on a government website, updated frequently Government also publishes ministerial meetings with lobbyists  CABINET Composition of the Cabinet Usually includes 21-23 members, who are senior government Ministers (including PM) No statute regulates Cabinet composition; but number of salaried Cabinet posts is limited by statute (22) Since 1960s all major departments placed under supervision of Cabinet minister Cabinet Manual – not legally binding Cabinet committees Because increase in scale of government not matched by increase in Cabinet e.g. National Security Council, EU Exit Strategy, Covid-19 Strategy Membership of some committees as large as Cabinet itself Cabinet Secretary Established in 1917 to help the committees (and Government) run efficiently Can be very powerful but can clash with leanings of politically appointed advisers  CIVIL SERVICE Permanent and impartial officers – civil servants, delivers services, support Ministers, implement programmes and projects A new legal base Constitutional Reform and Governance Act 2010 Now about 543,000 civil servants Serve at the pleasure of the Crown; thus legal remedies for dismissal? – common law employment protection Civil service structure Has undergone major change since the 1980s: costs and efficiency The civil servant within the department Senior Civil Service “run” department: Permanent Secretary Carltona principle Where an administrative discretionary power exists for a Minister, in general a Civil Servant in that department may make the decision on behalf of the Minister.  SPECIAL ADVISERS (SPADS) Political appointments Development of government policy and its presentation Unlike civil servants, involved in party-political matters Their appointment needs approval by Prime Minister and is tied to Minister’s holding of office