Chapter 5 End-of-chapter questions

Lord Hailsham once called the government an 'elective dictatorship' (see The Dilemma of Democracy (1978)) because of the influence it has over the legislature in practice. Which of the statements below are central to Hailsham's argument? Select all that apply.

The executive is able to sign international treaties without judicial interference.

The executive is drawn from the legislature, meaning it can exert significant ideological and party political influence over it.

Most of the time, over half of MPs in the House of Commons will be a member of the political party which forms the government.

In the House of Commons, a bare majority in the House of Commons is needed to pass any law.

Match each of the following members of the executive to the description which best applies to them.

Head of Ministry of Justice; politically responsible for relations between the executive and the judiciary; a 'constitutional guardian'.

Permanent, non-political officials who run the day-to-day operation of the government.

A collection of the various Secretaries of State and other senior governmental ministers, each acting in pursuit of a collective policy agenda.

The 'face' of the government and its policies, provides political leadership of the government.

Assist ministers with policy formulation, often from a position of expertise. No requirement of absolute neutrality.

Bodies set up to perform functions of certain ministries and departments, at 'arm's length' from the central government. Headed by a chief executive, regulated by statute.

Leader of governmental department; adopts political leadership and responsibility for policy in related area.

Each of the cases below can be used to show an important point about executive powers.
Match each proposition with the case that is authority for it.

The government, like private citizens, is permitted to perform any action that is not otherwise prohibited by law.

Not all prerogative powers are beyond the scope of judicial review; the exercise of the power to prorogue Parliament, for example, is prima facie justiciable.

Unlike with private individuals, the government is prohibited from conducting any action that is not specifically permitted by law.

Delegated legislation, unlike primary legislation, is reviewable by courts. Where delegated legislation is passed which contradicts the purpose of the primary legislation which authorises it, it can be declared invalid.

The final authority as to whether a prerogative power, and whether it can be reviewed, lies with the courts. This existence of a prerogative power may not be obvious and judges may be differ between themselves as to whether a certain power exists.

In the UK, the executive holds considerable power, including over the other arms of government. Which of the following statements, relating to the executive, are true? Select all that apply.

The executive is often able to rely on the legislature to translate its policy agenda into primary legislation.

The executive is able to pass a large amount of delegated legislation, which is often subject to a lesser degree of scrutiny than primary legislation.

The executive is able to ignore primary legislation, so long as it passed by a government consisting of ministers of the same party.

The executive has considerable legal powers bestowed upon it by Parliament, including the ability to amend primary legislation.

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