nature of the executive

What is the crucial point about the separation of powers in the UK system

• feature of all universal constitutional system, BUT its NOT a template

DEVELOPMENT OF EXECUTIVE POWER: what are the origins of executive power (Henry VIII)

• unlimited kings power, connection to god and religion

• power grew from the idea of having ultimate control, developing through practice and experience rather than being written down

DEVELOPMENT: How was the bill of rights 1689 a turning point for executive power?

• no cruel punishments, kings acceptance meant that parliament had the legislative power to control the money

• if the executive wants money - have to get parliament to pass legislation

DEVELOPMENT: How does POOLE describe the crown (p.191 of the changing constitution)

'The best way to describe the crown is part of a series of interconnected offices of state that together compromise the UK government'

DEVELOPMENT: How has it transformed from cabinet to disintegration?

cabinet - collective decision making and responsibility with an independent civil service

Disintegration - growth of more presidential style with advisors, PM is more executive which can interfere with the civil service

DEVELOPMENT: How has the advisory style become more presidential

• Few powers vested in prime minister

• No legal structure for the executive

• Government departments not enshrined in law - some cant change, structure is complicated, cant remove the treasury easily

• UK constitution is political

STRUCTURE OF THE EXECUTIVE: What are the three levels of uk gov

1. pm and cabinet

2. government departments

3. non-departmental public bodies and agencies

STRUCTURE OF THE EXECUTIVE: How has there been a challenge to tradition?

growth of political advisors - increasingly influential

‘government by contract’ - creation of independent government agencies and NDPB’S

STRUCTURE OF THE EXECUTIVE: What are the three safety functions

1. police

2. defence

   1. immigration through visas

STRUCTURE OF THE EXECUTIVE: How does this come into conflict with the judiciary?

• judiciary have to protect individual rights and liberties

• executives access to violence and punishments threatens those rights

ELEMENTS: What do Elliot and Thomas say is the role of the executive

• make and implement policy, running the country and taking initiative

• use their powers that flow from the prerogative

ELEMENTS: What areas of society do they develop and implement policy into?

• Education

• Transport

• Health

• Social care - local government, executive never gives local gov enough funding

• Economic development

ELEMENTS: How does the executive relate to parliament?

• executive dominates parliament

• controls the time of parliament - laws need debates

• dominates business

• NOT TOTAL FREEDOM - party needs to vote for it

ELEMENTS: What are the 4 elements of the executive

1. the monarch

2. prime minister

3. ministers

4. civil service

ELEMENTS: What is the monarchs role in the executive

• personal prerogative

• choose the PM after an election

• prorogue parliament (end it for an election)

• royal assent to legislation

  • advise and are government

ELEMENTS: What is the reality of the monarchs power

no / little freedom in exercising these powers, constrained by the constitutional convention

ELEMENTS: What is the prime ministers role in the executive

• primus inter pares

• lack formal legal powers

  • often politically strong

ELEMENTS: What are the ministers role?

• more formal legal powers than the PM via legislation

• responsible for the ‘department of state’

• often from the House of Commons - 22 in the cabinet

ELEMENTS: What is the ministerial code?

• Principle collective responsibility applies to all ministers

• Duty to parliament to account, be held to account for the policies, decisions and actions of their department

• Paramount important that they give accurate truth to parliament, correct an inadvertent error

ELEMENTS: What is the role of the civil service in the executive?

• 'administrative executive' as servants of the crown

  Creature of the prerogative

  Statutory footing following the CRA and governance Act 2010

  • Control in hands of minister for civil service

  • Code to be laid before parliament

  POLITICALLY NEUTRAL, recruited on merit

ELEMENTS: How is the civil service organised

• 549, 660

• Organised into departments

•  Department for Work and Pensions has 96,890, Cabinet

Office 11,510 and HM Treasury 2,720. Some are far

smaller – 55 work for the UK Supreme Court