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The Executive + Separation of Powers (+articles and cases)

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What is the executive? What does the executive do? What are the power's of the executive? Is the executive subject to law? The Separation of Powers

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  • July 30, 2018
  • 24
  • 2017/2018
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Tutorial 4: The Executie

Oieriiew:

A body which formulates and implements policy -> generally used to mean central gov’t

PM – leads the executve. Responsible for the overall conduct of the govt and for the appointment of
the ministers who head each department

The Cabinet – made up of ministers who head each of the departments (secretaries of state)
together with ministers responsible for gov’t business in the Commons (Leader of the House) and
the Lords (Lord Privy Seal).

Ministers – each department has a minister who takes responsibility for the way in which the
department functons and the extent to which it achieves its objectves.



Ministerial Responsibility – two conventons which fall under this heading

1. Collectve Ministerial Responsibility
2. Individual Ministerial Responsibility
NB: ministerial responsibility = conventon -> not enforceable by the courts. Examples are ‘politcal
events’ NOT cases



Collectie Ministerial Responsiiilit –

i. Unanimit Rule - when a decision is reached by the Cabinet, all ministers must
publically support that decision -> if a minister cannot do this, then they must resign.
2003 – Robin Cook resigned as he could not agree with Gov’t decision to pursue
military acton against Iraq.
 Public division among ministers could be used by oppositon to undermine
gov’t
 Loveland – preserves confdence in Gov’t and helps prevent unwanted
economic or politcal conseeuences
ii. Confientalit Rule – discussion amongst ministers concerning the formulaton of
gov’t policy should remain confdental – allows ministers to speak freely + reach
better decisions. Also helps ministers conform to unanimity rule.
 A-G v Jonathan Cape
iii. Confience Rule – Gov’t should have the confdence of the HofC and should resign if
not
 Callaghan Govt 1979!!
 Largely regulated by Fixed Term Parliament Act (2011)
 Means this rule is partly regulated by law and conventon.
iv. NHS charges – Bevan/Freeman/Wilson resigned as wouldn’t support decision to
impose charges on some services. ‘Westland Afair’ – Heseltne outvoted and
resigned from cabinet over who to sell UK’s last military helicopter to.
Important for efectve working of executve – enables gov’t to present a “unifed frontt around
clear/agreed policies. Disagreement would undermine public confdence.

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