in the lecture notes it includes:
Political government
the composition of the government
the powers of the prime minister and the history
History of the office of prime minster
residence
The cabinet/ functions
Royal prorogrative
Answer: To establish liability so that a claim may have a remedy against the wrongdoer.
2.
TRUE OR FALSE?
For a personal injury claim to be succesful , you must show beyond reasonable doubt your injuries are caused by someone\'s negligence.
Answer: FALSE:
Reasonable doubt is the standard of proof for criminal cases.
Civil shows that it is more likely than unlikely (Balance of probabilities).
3.
Which court hears high value personal injury claims in the first instance?
Answer: High court
4.
What does it mean when a judge says they are applying Hill v Chief Constable West Yorkshire?
Answer: This means they are following a rule established by Hill c Chief constable West Yorkshire.
5.
TRUE OR FALE?
The supreme court ruling should be followed unless the court of appeal over rules it.
Answer: False:
The court of appeal must follow the supreme courts decision unless the case can be distinguished on its facts.
Content preview
24/10/23. Constitutional law
Lecture:
The executive
The king doesn’t do anything.
They cannot refuse the royal asset.
The Monarch is titular head of the government, the role of the King is largely, but not completely,
formal and ceremonial.
The executive consists of:
the political executive (the government) and
the wider machinery of government (the civil service, the police, the armed forces, the executive
agencies etc.)
Political Government:
Cabinet— prime minister a
Ministers of state – generally have smaller tasks (less important)
Parliamentary Private secretaries – Part of the house of common – they assist the prime minister.
The composition of the government:
The political executive/government is headed by the Prime Minister, who is appointed by the
King exercising his royal prerogative.
All members of the government are selected by the PM from the Commons and the Lords and all
hold their parliamentary office as well as their governmental role. They serve as government
ministers for as long as the PM remains in office and wishes them to serve in the government.
Representative of the party that won the election.
Either a member of the house of common/lords and are selected by the PM (Government
ministers)
We elect MPs not the government.
The powers of the Prime Minister and the history:
The Prime Minister is appointed by the King by virtue of having been elected as the leader of
his/her political party and that party having won more seats than any other party in the House of
Commons.
The Prime Minister may be removed from prime ministerial office during a government term,
according to the rules of his/her political party.
The Prime Minister is ultimately dependent upon the support of Cabinet, party and Parliament;
and in turn that support is dependent upon the support of the electorate (motion of
confidence/no-confidence).
Cabinet - ( all the other ministers)
History:
The office of PM has developed by convention rather than by law.
, 24/10/23. Constitutional law
The office dates from the early 18th century and had become firmly established as a necessary
post in the second half of the 19th century.
Sir Robert Walpole (1721 - 1742) is widely acknowledged as the first prime minister, although he
never actually held the title. He was First Lord of the Treasury the longest serving, lasting 21
years.
The first official recognition of the post of Prime Minister derives from the Treaty of Berlin 1878.
Statutory and other formal references to the office remain scant.
History of the office of prime minister:
He is the first among equal.
He is the most important then all the other ministers.
In 1889, Lord Morley, stated that:
“(…) The Prime Minister is the keystone of the Cabinet arch. Although in Cabinet all its members
stand on an equal footing, speak with an equal voice, and, on the rare occasions when the
division is taken, are counted on the fraternal principle of one man, one vote, yet the head of the
Cabinet is primus inter pares, and occupies a position which, so long as it lasts, is one of the
exceptional and peculiar authority.”
The residence of the Prime minister
10 Downing Street- official residence and office of the First Lord of the Treasury.
Sir Robert Walpole lived in 10 Downing Street from 1735 having insisted that it become the
residence of the First Lord of the Treasury, rather than being given to him personally.
The powers of the Prime minister:
The role and powers of the Prime Minister are not set down in any statute or a code, but include
the following:
o Holds office as Prime Minister and First Lord of the Treasury
o Is responsible for the Civil Service and assumes the title of Minister for Civil Service
o By convention must be a Member of the House of Commons and is an elected
constituency Member of Parliament
Why does the Prime minister sit in the house of commons:
Prime reason: accountability for his own actions – ask questions.
Ministerial responsibility – if they can’t have to be reelevated.
Accountability to the electorate (i.e., the democratically elected House of Commons)
Is a member of parliament.
The powers of the prime minister:
The Prime Minister:
o Appoints and dismisses Ministers (formally this is undertaken by the Crown)
o Determines the size of Cabinet.
o Determines which Ministers sit in Cabinet.
o Controls the agenda for Cabinet. – 9 they have meetings)
o Controls the number and role of cabinet Committees. – (each minister has its own
committee)
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