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EXECUTIVE UK GOVERNMENT REVIEW NOTES.

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EXECUTIVE UK GOVERNMENT REEXECUTIVE UK GOVERNMENT REVIEW NOTES.EXECUTIVE UK GOVERNMENT REVIEW NOTES.EXECUTIVE UK GOVERNMENT REVIEW NOTES.VIEW NOTES.

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  • March 25, 2024
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  • 2023/2024
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EXECUTIVE UK GOVERNMENT REVIEW NOTES
Principal governing institution of the country
• Makes decisions by which society is governed
• Implements public policy across the range of areas for which it is responsible
• Area it is responsible for is neither static nor fixed

• Distinctive role in two senses
o Responsible for running the country
o Only branch that is an initiative-taker (by introduction of policies, and by the
responsibility of reaction to unforeseeable events), the dominant institution
to which the other branches react


Modern Executive in the UK

• UK Central government is a large institution
o Peopled by government ministers, civil servants, headed by PM
o Organized into several departments, headed by Ministers ('Secretaries of
State') and peopled by civil servant
▪ Besides departments there are also other public bodies such as
HM Prison Service, Environment Agency etc.

The Executive and Public Law
• In UK law, executive is extra-legal, law doesn’t condemn it, but doesn’t recognise it
either
o Only separate departments (like ministries) are legally recognized, no legal
concept of executive as a whole
o This is due to historical context and development of uncodified constitution;
British only recognize executive as the crown.


The Crown
• In formal constitutional terms, Queen possesses executive powers to appoint PMs,
dissolve parliament, grant royal assent, etc.
o In practice, such actions are not carried out by monarch personally but by
elected politicians.
• ‘Crown in Parliament’, ‘Her Majesty’s government’, ‘Ministers of the Crown’, the ‘Royal
Courts of Justice’, the ‘royal prerogative’, and ‘royal assent’.
o The language of public law has not kept pace with the evolution of modern
executive power in democratic times




Executive–Legislative Relations: an ‘Elective Dictatorship’?
• Executive and legislative are fused to a degree; leader of the party with the most chairs
in parliament is appointed as Prime Minister
o It is common for an election to produce a parliament without any absolute
majority

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