``Week 9 Public: The Executive I: Functions and Accountability

What are the three powers of a democratic government under SoP?

Legislative, Executive, Judicial.

Is the tripartite SoP theory rooted in UK constitutional history?

No, it's more grounded in American/French revolutions; UK historically separates Crown and Parliament.

Historically, how was power divided in the UK?

Between Crown and Parliament, not strict tripartite separation.

Example of overlapping powers in the UK before reforms?

The Lord Chancellor was simultaneously in executive, legislative, and judicial roles.

What major reform moved the UK towards tripartite SoP?

The Constitutional Reform Act 2005 (created UK Supreme Court, redefined Lord Chancellor's role).

What is executive power?

Deciding domestic and foreign policy, implementing laws, raising/spending public money.

How has the role of the state changed?

From a ‘night watchman’ state to managing areas like health, education, welfare, environment, etc.

Who is at the top of the executive hierarchy?

King, Prime Minister, Cabinet, and ministers.

What is the King's role today?

Formal Head of State; acts on advice of ministers.

What powers does the King still formally hold?

Prerogative powers, exercised by ministers.

What are Bagehot's three rights of the King?

Right to be consulted, right to encourage, right to warn.

What is the PM’s role?

Head of Government, not Head of State.

How is the PM appointed?

By the King, who selects the person commanding majority support in the Commons.

What powers does the PM have?

Nominates/fires Cabinet members, chairs Cabinet, oversees government operations.

What factors affect a PM’s strength?

Party support, majority size, economic/international environment, controversial policies, party unity.

Who can be a minister?

Must be a member of the Commons or Lords.

How are ministers limited in number?

Max 95 MPs as ministers, max 109 ministers drawing salary.

Role of a senior minister?

Head a government department, lead policy, accountable to Parliament.

What is the Cabinet?

In theory, the supreme directing authority of government.

What are its main functions?

Major policy decisions, legislative agenda control, collective decision-making.

Is Cabinet governed by law?

Largely by convention.

Who is the government accountable to?

Parliament.

Do we elect the government directly?

No, we elect a Parliament; the government is drawn from it.

What are the sources of accountable government?

Statute, case law, conventions.

Two types of ministerial responsibility?

Collective and individual responsibility.

What is the Ministerial Code?

A non-legally binding document outlining expected ministerial behaviour

What are the two key features?

Cabinet solidarity and Cabinet confidentiality.

What happens if a minister disagrees with Cabinet policy?

Resign or stay silent.

Example of suspension of collective responsibility?

Assisted Dying Bill 2024 – ministers instructed to remain silent publicly.

Who resigned over Iraq war in 2003?

Robin Cook.

Who resigned in 2014 over Gaza?

Sayeeda Warsi.

Mass resignations over Boris Johnson in?

2022.

What is constitutional accountability in individual ministerial responsibility?

Ministers must answer to Parliament for actions in their department, revealing information unless confidentiality or public interest concerns apply.

Are ministers required to facilitate civil servants giving evidence to Parliament?

It is debated, but ministers are generally expected to be as open as possible, while protecting confidential or sensitive matters.

What is personal culpability in individual ministerial responsibility?

Ministers are personally to blame for direct orders they give and for actions implementing their decisions, but not for unknown or disapproved actions of subordinates.

What does the 2024 Ministerial Code say about ministers’ duty to Parliament?

Ministers must account for their department’s actions, provide accurate information, correct errors quickly, and resign if they knowingly mislead Parliament.

When should a minister resign according to the Ministerial Code?

If they knowingly mislead Parliament or fail significantly in personal or departmental responsibilities.

What is included in a minister's duty of responsibility?

Informing Parliament about departmental operations and taking responsibility for both personal and departmental failings.

Give examples of ministers resigning for personal conduct issues.

David Blunkett, Peter Mandelson, Liam Fox, Chris Huhne, Priti Patel, Boris Johnson, Suella Braverman.

Give examples of ministers resigning for policy or departmental failures.

Crichel Down affair (1954), Lord Carrington (1982), Stephen Byers and Estelle Morris (2002), Amber Rudd (2018).

What happened in the Crichel Down affair?

A farmland case revealed departmental inefficiency and bad faith; Minister Dugdale resigned despite limited personal blame.

What principles did Home Secretary Maxwell-Fyfe outline during the Crichel Down debate?

Ministers must protect civil servants acting on orders, defend proper actions, accept minor mistakes, but disown reprehensible, unauthorized conduct.

What legal principle was highlighted in Carltona Ltd v Commissioners of Works (1943)?

Civil servants' actions are legally considered actions of the minister.

Is resigning for departmental failures common today?

No, it has become much rarer compared to the past.

What famous example shows a minister refusing to resign despite departmental failures?

Michael Howard blamed civil servants for prison failures but did not resign.

What was controversial about Brodie Clark’s resignation (2011)?

He was blamed by Home Secretary Theresa May, though evidence suggested she knew about or authorized the relaxed border controls.

What is a ministerial direction, and why did Richard Heaton seek one in 2015?

It’s a formal order to act against civil service advice; Heaton sought it to protect himself from criticism over funding Kids' Company.

Why did Boris Johnson resign in 2022?

A combination of scandals, loss of party support, and political pressure made his position untenable.

What change did Boris Johnson make to the Ministerial Code in 2022?

Introduced sanctions for breaches short of resignation, such as apologies or salary cuts.

What does the phrase "Quis custodiet ipsos custodes?" relate to in ministerial responsibility?

: It highlights the problem of who holds the Prime Minister accountable when they breach the Ministerial Code.

What happened with Suella Braverman in 2022–2023?

Resigned for a security breach, was reappointed by Sunak, then sacked amid controversy over leaks and internal disagreements.

What are select committees in Parliament?

Cross-party groups that scrutinize government departments, question ministers and experts, and provide non-binding recommendations

What are the main mechanisms of ministerial accountability to Parliament?

Select committees, Parliamentary questions (written/oral), and floor debates.

How has the principle of open government evolved?

Improvements like the Freedom of Information Act 2000 exist, but significant secrecy remains, especially under Official Secrets legislation.

What is collective ministerial responsibility?

A convention ensuring Cabinet unity, requiring ministers to publicly support government decisions even if they privately disagree.

What is the main trend in ministerial resignations today compared to the past?

Ministers are more likely to resign for personal failings than departmental errors, and political considerations often outweigh principle.