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Lecture notes Law (LLB)
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everything you will need to cover the government in public law module
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Government1. The prime minister
“first lord of the treasury”
- Historically the most important minister advising the monarch was the lord high treasurer
- Since 1714, the position was placed in “commission” meaning that its been carried out by
appointed commissioners, working together
- In 1721, Robert Walpole, became the first lord of the treasury, and during that time became
known as the prime minister- particularly after George II took to the throne in 1727
- From this the system of prime minister, cabinet and minister emerged.
- This means that the office of prime minister is almost entirely regulated by convention and
practice rather than law.
- This applies to much of central government
- Emphasis on conventions rather than law.- cabinet manual; ministerial code.; can be unclear
what the conventions are. – ministerial responsibility.
Powers of the prime minister
- 1. Appointment and dismissal of ministers
- 2. Setting the cabinet agenda
- 3. Organisation and management of the civil service
- 4. Constitutional role- key constitutional advisor to the monarch; ‘cardinal convention’. – manage
relationships between the uk government and the devolved governments of Scotland, wales and
northern Ireland.
- 5. Security and intelligence
- 6. Decisions to deploy armed forces- include drone strikes; decisions to shoot down a hijacked
aircraft before reaching a major city.
- 7. International relations
- 8. Brexit
2. Cabinet positions
- There are twenty-five government departments for example;
- The treasury
- The home office
- Ministry of justice
- Department for transport
- Department of health
- Ministry of defence
- Department for digital, culture, media and sports.
3. Ministers within a department
- Most departments are headed by a secretary of state
Sit in the cabinet
- Below are junior ministers
Minister of state
Parliamentary under secretary of state
- Ministers also have a PPS
Parliamentary private secretary, to be the ‘eyes and ears’ of the minister within the house of
commons
Get the views of backbenchers passed onto them
4. Appointing government minister
- Formally, ministers are appointed by the monarch on the advice of the prime minister
- Prime ministers choice is constrained by -Convention, Most ministers come from the house of
commons; Law- ministers come from the house of commons.
- 95 ministers can come from the house of commons, overall 109 ministers can receive a salary.
- Foremost at the mind of the prime minister will be politics…
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