The Executive: A Responsible and Accountable Government
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Course
Constitutional & Administrative Law
Institution
City University (City)
This document details the role of the Executive, i.e. the Govvernment in the UK. The functions of the Executive are alas, different compared to Judiciary. This is due to the Separation of powers.
EXECUTIVE
- Executive is a broad term given to the institution that is the governing body which
exists due to convention
- Executes the laws made by parliament
- Runs the country and instigates change (day to day running of the country)
- Provisions of services is all apart of the way the government run the country
- Fusion of power, government can propose bills, 90% of bills come from a
government policy
- Government have a unique constitutional position
- Statute give the government its power
- Provide communication between monarch and parliament
- Government have jurisdiction over a wide range of policies: defence, health, foreign
a airs. There are over 25 departments dealing with di erent policies.
- What the government does is in the name of the Crown and with the authority of the
Parliament
- Broad powers: statutory and prerogative, also secondary legislative authority, there are
acts of parliament enacted which are vague, this permits the government to
amend these or ll in gaps to suit their needs as the government. (Ministers)
- Cabinet members are secretaries of state
GOOD GOVERNANCE AND DEMOCRACY
- There are decisions and policies that impact the lives of UK citizens, example, the
government decide how much income tax citizens pay.
- Government must operate and has to operate in a way that it should be held to
account and is democratically legitimised (be representative for the citizens).
- Democracy - power of the people, origins in Ancient Greece
- Switzerland: citizens are directly involved
- UK: representative democracy
- Bill of rights: representation of royal power against parliament power, parliament was
chosen as sovereign, due to democracy
- Democracy is not just a political concept, it is a legal concept as well
- UK democracy based upon representation
ACCOUNTABILITY
- Vitally important
- Dawn Oliver: “Being liable to be required to give an account or explanation of action”
“su ering the consequences”
- This is linked to democracy as it is essential to determine that a democracy can
function, someone representing you they have to know what you want or do not
want and should re ect this as the best interest of the public.
- In our system Accountability is important.
- USA: In their codi ed constitution, they are able to see what checks and balances need
to be taken when assessing what actions a president or member of government does.
- Keith Syrett: “executive does not have total freedom to act in whichever manner it sees
t.”
- Legal accountability is accountability to the law
- Political accountability as accountability to elected politicians, in our system this
means Parliament and they have mechanisms which they can use to hold government
accountable. Question time and select committees
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