1-20 of 22 Results

  • Keyword: executive power x
Clear all

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the nature and extent of the power that the executive uses to run the country and begins by defining executive power, and by explaining where it is derived and who may exercise it. It then discusses the mechanisms by which an executive can be called to account for its exercise of power; the extent to which Parliament may hold the government accountable; and the extent that courts may hold the government accountable.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter describes the UK’s main constitutional bodies or offices and their roles. The state’s institutions and offices are linked to the three main powers at work within it: executive power, legislative power, and judicial power. The Queen is the head of state for the United Kingdom of Great Britain and Northern Ireland and heads the three branches of the state, although she is a constitutional monarch and her power is subject to constitutional limits. The executive is an umbrella term that describes two different entities: the political executive and the wider machinery of the government. The political executive contains the Prime Minister and government ministers. The wider machinery of government involves the collection of people who keep the country running, which includes the civil service, the police, the armed forces, members of executive agencies such as the Prison Service, and the welfare benefits system. Parliament is the body tasked with law-making, the scrutiny of Bills, and holding the executive accountable. The courts oversee the operation of the rule of law by reviewing actions, omissions, and decisions taken by the executive to ensure that they are legal, rational, and procedurally proper and that they comply with the terms of the Human Rights Act 1998. The chapter concludes with a discussion of elections to the Westminster Parliament—the mechanism through which MPs are elected and other ways in which those elections could be run.

Chapter

This chapter examines the people and processes that comprise government in the UK. It considers the constitutional and legal status and role of the monarchy, ministers, civil servants, as well as holders of appointed public offices. It then turns to one of the central features of a good constitution, namely that it provides opportunities for those who exercise public power to be ‘held to account’ or ‘accountable’ for their decisions and conduct.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The separation of powers is a theory or a doctrine that describes how a state organizes the distribution of power and function between its different branches. It is often used as an umbrella term to denote the extent to which the three ‘powers’ in, or branches of, the state are fused or divided—that is, the legislative, the executive, and the judicial powers. This chapter begins by sketching the history of the separation of powers in the UK. It then discusses the purpose of the separation of powers; the similarities and differences between different theories of the separation of powers; the impact of recent constitutional reform on the operation of the separation of powers in the UK; how courts have interpreted the separation of powers; and the relevance of the separation of powers today, including in the context of the balance of power between the executive and Parliament as regards the UK’s decision to exit the European Union.

Chapter

9. Executive Powers  

Competences and Procedures

This chapter studies three executive powers in the context of the European Union. It begins with an examination of the political power to act as government. The ‘steering’ power of high politics belongs to two EU institutions: the European Council and the Commission. The Union ‘government’ is thus based on a ‘dual executive’. The chapter then moves to an analysis of the (delegated) legislative powers of the Union executive. The central provisions here are Articles 290 and 291 TFEU. The European legal order has allowed for wide delegations of power to the Commission; while nonetheless insisting on substantive and procedural safeguards to protect federalism and democracy. Finally, the chapter looks at the (administrative) enforcement powers of the Union. Based on the idea of ‘executive federalism’, the power to apply and enforce European law is here divided between the Union and the Member States. The Union can—exceptionally—execute its own law; yet, as a rule, it is the Member States that primarily execute Union law.

Chapter

9. Executive Powers  

Competences and Procedures

This chapter studies three executive powers in the context of the European Union. It begins with an examination of the political power to act as government. The ‘steering’ power of high politics belongs to two EU institutions: the European Council and the Commission. The Union ‘government’ is thus based on a ‘dual executive’. The chapter then moves to an analysis of the (delegated) legislative powers of the Union executive. The central provisions here are Articles 290 and 291 TFEU. The European legal order has allowed for wide delegations of power to the Commission; while nonetheless insisting on substantive and procedural safeguards to protect federalism and democracy. Finally, the chapter looks at the (administrative) enforcement powers of the Union. Based on the idea of ‘executive federalism’, the power to apply and enforce European law is here divided between the Union and the Member States. The Union can—exceptionally—execute its own law; yet, as a rule, it is the Member States that primarily execute Union law.

Chapter

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is outlined.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The court is tasked with checking the legality of government action, which is mainly done through the process known as judicial review. Judicial review is a special form of court process that calls the executive to account for its exercise of power. This chapter discusses the history of judicial review; the grounds of review; the judicial review of delegated legislation; judicial review and the constitution; the difference between judicial review and appeal; the role of the courts and the Human Rights Act 1998; the judicial review procedure; and the extent to which judicial review can act as a check on executive power.

Chapter

This chapter details how power is allocated in the UK, and its organisation in terms of devolution and regional and local government. Power in the UK is divided into three branches or arms of state: legislature (law-makers), executive (government and administration), and judiciary (courts and judges). Before devolution, the government’s (executive’s) administrative power was centralised and it extended to the whole of the UK, but devolution has made significant changes to the constitution and has brought a substantial rebalancing of power in the government of the UK. Since devolution’s introduction, the power of central government no longer extends to the growing areas of domestic policy that have been devolved to Scotland, Wales, and Northern Ireland. The UK government’s remit therefore now covers England and the whole of the UK on non-devolved matters including the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies.

Chapter

This chapter introduces the project of European integration and discusses the legal basis of the EU, which consists of treaties that authorize law-making. It will identify the principal executive institutions of the European Union and their functions. They will be classified under the headings of supranationalism and intergovernmentalism. The chapter will also examine the process of enacting legislation and the role of the European Parliament. Drawing on an understanding of similar institutions and processes in the UK, the discussion is particularly concerned with an assessment of the institutions in terms of public law values, such as legitimacy, accountability, and transparency.

Chapter

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) Pt 54 is outlined, and the prospect of further reform is noted.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary from author Thomas Webb.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter discusses the executive, the administrative branch of government which creates and executes policy, and implements laws. It specifically focuses on the organisation of central government in the UK. Central government in the UK carries out day-to-day administration in relation to England and the whole of the UK on non-devolved matters. Its functions include the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies. Central government essentially consists of the government and Civil Service but modern government is extensive, multi-layered, and complex. The chapter then studies the sources of ministerial power. Ministers’ legal authority to act can derive from statute, common law, or royal prerogative. The royal prerogative is a source of power which is ‘only available for a case not covered by statute’.