Summary
Summary public law
- Module
- Public Law
- Institution
- University Of Winchester (UoW)
Summary of 6 pages for the course Public Law at UoW (government)
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Prime MinisterFirst Lord of the Treasury
Historically the most important minister advising the monarch was the Lord High Treasurer…
Since 1714, the position has been placed in “commission” meaning that it’s 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 Ministers 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 the 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 & 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
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 Sport
Minister 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.
Appointing government ministers
Formally, ministers are appointed by the monarch on the advice of the Prime Minister.
Prime Minister’s choice is constrained by
convention
Most Ministers come from the House of Commons;
law - Ministerial and Other Salaries Act 1975
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…
Some “big beasts” within the party will expect a major ministerial appointment;
Need to reflect different political opinions of the party in their Cabinet.
Coalition…
Theresa May & Brexit
Balance of ‘remainers’ and ‘leavers’.
Boris Johnson; Liam Fox and David Davis.
Prime Ministers - even the mightiest - are completely dependent in the end on their parties and colleagues for their
personal power, and what the parties give they can also take away
- Rodney Brazier, ‘The Downfall of Margaret Thatcher’ (1991) 54 MLR 471
What about May
The Prime Minister is the PM as long as they are party leader;
The PM can resign and the party can choose a new leader.
Blair in 2007.
The party can also “oust” their leader…
Thatcher in 1990…
Conservative Party rules…
48 MPs need to send a letter of no confidence to the chairman of the 1922 Committee in the party leader to trigger a
leadership contest…
Newspapers report that 40 MPs have done so
Operation of government
Government departments implement government policy according to the law.
Main sources of government power
Primary or secondary legislation;
Royal prerogative.
Decisions can be judicially reviewed.
New policies are determined by ministers through the Cabinet.
If this requires a change in the law, then legislation will be introduced into Parliament (last week’s lecture)
Cabinet
Cabinet Government is the notion that decisions are made collectively by government ministers.
Matters can be debated robustly within government, but then all government ministers must defend the decision in
Parliament and in public.
If they can no longer support government policy, they are expected to resign… (considered shortly).
“Cabinet is the ultimate decision-making body of government. The purpose of Cabinet and its committees is to provide a
framework for ministers to consider and make collective decisions on policy issues. Cabinet and its committees are
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