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GDL Law Notes GDL Constitutional and Administrative Law Notes

Responsible Government And Political Responsibility Notes

Updated Responsible Government And Political Responsibility Notes

GDL Constitutional and Administrative Law Notes

GDL Constitutional and Administrative Law

Approximately 509 pages

A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of applications from mostly first class students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
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The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Constitutional and Administrative Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

  • - Introduction:

    • [H Barnett]: principles of constitutionalism.

      • legal limits to exercise of power: accountable to law for ultra vires acts.

      • respect for individual + individual’s rights.

      • avoid abuse of power: sufficiently dispersed.

      • government + legislature accountable to electorate.

    • [J Alder]: accountability of govt: ‘necessary and basic characteristic of any democracy’.

    Background: Structure of Executive

    • Central Executive: Prime Minister + Cabinet

    - Prime Minister: political head of government – resp. for overall organisation of Executive.

    • appointed by Queen: by convention, leader of majority party in Commons.

      • if no majority: incumbent PM has first call on forming govt. (e.g. 1974: Heath resigned after talks to form coalition with Liberals failed, 2010: Brown “caretaker” PM while negotiations ongoing – much more public negotiations.).

    • powers: few strictly legal, but many customary/prerogative.

      • ministerial appointments + dismissals: exercised by Queen on PM’s advice.

      • control of Cabinet: size + composition, subject + composition of committees, chooses when meets + agenda PM takes leading role deciding govt. priorities.

    • limits to power:

      • collective ministerial responsibility: PM + Cabinet + govt. share responsibility to Commons for conduct of national affairs ‘ no confidence vote’: must resign (e.g. May 1979: Callaghan Labour govt. forced to resign).

    - Cabinet: est. by convention: no specific powers in legislation.

    • Cabinet Office Draft Cabinet Manual: recent attempt to set out conventions.

    • composition: at PM’s discretion, but always inc. Chancellor of Exchequer, Lord Chancellor + secretaries of state – but: financial limits – max. no. of first-tier salaries can be paid.

    • powers + duties of ministers:

      • 1. granted by Parliament: (1) powers/duties for exercising continuing functions (esp. financial liabilities for >1yr); (2) emergency powers.

        • many granted to ‘the Secretary of State’: in practice, PM allocates (each usually incorporated as ‘corporation sole’: separate legal personality).

      • 2. common law: Ram doctrine – may exercise any power of the Crown, subject to statute + funding; powers of individual: e.g. contracts, conveyancing, extra-statutory payments.

      • 3. prerogative executive powers: exercised on Sovereign’s behalf by ministers, e.g. foreign affairs, Armed Forces control, mercy.

        • constrained: no new prerogatives + statute: overrules prerogatives.

    • court scrutiny: judicial review – 3 grounds for challenge of exercise of ministerial power:

      • 1. no power to act in such a way (inc. on human rights grounds).

      • 2. unreasonableness.

      • 3. procedurally unfair.

    • exercise of ministerial power: accountable to Parliament for decisions.

      • Carltona principle: junior ministers + civil servants in dept. may exercise power of minister in charge CoA: constitutionally, treated as decisions of the minister.

      • Deregulation and Contracting Out Act 1994, pt. 2: minister can authorise any person to exercise some ministerial functions (only those that could be exercised by civil servant in dept.)

    • ministerial conduct: Ministerial Code – no longer gov. just by convention.

      • ‘Nolan Principles’ – 7 Principles of Public Life: selflessness, integrity, objectivity, accountability, openness, honesty, leadership.

      • restricted for 2 years after office: Advisory Committee on Business Appointments: decisions on appointments/employment; cannot lobby.

    • collective responsibility: all ministers bound by collective decisions of Cabinet (unless specifically waived) decision of Cabinet or committee binding on all members of govt.

      • contentious issues require Cabinet committee consideration: e.g. matters affecting >1 dept., or likely to attract public criticism.

      • Cabinet agreement assumed in some cases: e.g. Chancellor of Exchequer’s Budget; quasi-judicial functions of some ministerial posts (e.g. planning permission, mercy); prosecution (but Shawcross exercise: Att-Gen may ask ministers for information to judge public interest of prosecution).

    - Civil servants and public officials – 3 constitutional principles:

    • permanence: no change with election – permanent specialist pool available to minister + dept.

    • political neutrality: higher-grade civil servants cannot engage in national politics able to serve successive ministries from different parties.

    • anonymity: minister responsible for actions of department; + necessary for political neutrality.

      • not accountable to public.

    - Administrative bodies: inc. central govt. depts.. + local authorities.

    Scrutiny of the executive: primarily by House of Commons.

    - Parliamentary questions: 40000 tabled each year only 3000 put down for oral answer.

    • oral questions: ministers answer at question time (4 times p/w) – timing: many answered in writing.

      • rules: MP can ask 2 primary questions to different depts. (+ supplementary questions: Speaker’s discretion), must table primary questions 2 days before sitting.

      • Prime Minister’s questions: 30 mins each Wednesday.

      • private notice questions: urgent oral questions on matters of public importance or arrangement of parliamentary business take priority: allow issue to be discussed immediately after question time.

        • rules: Speaker’s discretion – notice before 12pm.

      • criticism: test of public speaking, not really forum for criticism.

    • questions for written answer: answered in Hansard – tend to be more specifically targeted. allow MP to pursue political case or put pressure of govt. on particular issue – no limit to no. MP can table.

    - Debates: force govt. to account for self + defend policies MPs can pressure.

    • forms: main business debates (legislation); daily adjournment debates; emergency debates.

    • emergency debates: can be v. significant – allow MPs to discuss specific important issue.

      • e.g. 18 Mar 2003: on proposed war in Iraq.

    • Early Day Motions: MPs raise matter of general concern or to launch campaign on specific issue (technically call for debate, but rarely lead to one).

    • petitions: members of public can...

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