Self-test questions: The executive & prerogative powers

By Josie Welsh

Quiz Content

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. The United Kingdom (UK) system of government has a long history and the institutions of central government have evolved within the UK's uncodified constitution.

Which of the following best describes the system of government?

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. Chris is reading about the United Kingdom constitution and comes across a chapter on The Privy Council. He enjoys learning of the history behind how the constitution works today, including reading about Magna Carta and the Glorious Revolution. In a later chapter, titled 'The Modern Constitution', Chris sees further mention of the Privy Council and how much of its constitutional role and power has been reduced.
Which constitutional development may explain the diminishing of the Privy Council's power?

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. George Andrews is the current Prime Minister. He has held the office of Prime Minister for two years and has proved to be a popular leader, with clear confidence in the House of Commons and a healthy majority. George is suddenly taken unwell and dies leaving the country without a Prime Minister.
Who will be responsible for choosing the next Prime Minister?

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. The Cabinet forms an important part of the executive branch of the state.
What are the key functions of the Cabinet in the United Kingdom?

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. The Civil Service Commission is looking to appoint two new civil servants to support the work of the Department for Education. The appointment brief describes the nature and scope of the role of a civil servant in the UK government.
What are the three features which describe the nature of the civil service within the constitution?

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. In 1908, FW Maitland stated, 'for every exercise of royal power some minister is answerable'.
Which convention addresses Maitland's point about the accountability of government ministers?

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. The Prime Minister has called a meeting of his Cabinet to discuss various policy initiatives in light of the most recent budget. One proposal is to alter the way in which the NHS will be funded. The Secretary of State for Health and Social Care, Ranvir Patel, is furious about the Prime Minister and Chancellor's suggestion that funding will be reduced to primary care. Upon leaving the Cabinet meeting, she posts the following on Twitter: 'Prime Minister and Chancellor totally out of touch. They will risk lives with this. I'm appalled'.
Which of the following statements correctly describes what may happen next?

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. Sir Toddy Blackmore is the Secretary of State for International Development. During several overseas trips, he allows his friend to attend meetings and tells those present that his friend is his advisor. A national tabloid newspaper prints the story.
By convention, what does this mean for Sir Toddy Blackmore's position as a minister for Government?

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. How is the term 'The Royal Prerogative' best defined in the context of the UK constitution today?

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. In the modern constitution, how is the prerogative power of the Crown limited?

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. In 2020, the Civil Service Conduct Bill (fictional) is introduced to Parliament which seeks to regulate aspects of the Civil Service through statute. The Bill does not expressly refer to the existence of the prerogative power which has historically controlled the Civil Service.
What happens when there is a conflict between a power within an Act of Parliament and an existing prerogative power?

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. The World of News paper runs a story about the risk of the courts interfering with the government's power following a story about a UK citizen who had their passport refused. Estelle has had notification of a refusal to grant her passport renewal and decided to share the news on Twitter. The matter gained a lot of attention and Estelle received a reply from a lawyer saying she should take the matter to court via a judicial review. It was this reply which lead to the World of News article.
Are the courts able to judicially review the prerogative in this matter?

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. Bill is giving a lecture on the royal prerogative as a source of the UK constitution. As part of the lecture, he sets his students a research task to locate a list of the following: domestic prerogatives, foreign affairs prerogatives and personal prerogatives of the Crown.
Which of the following list is a prerogative power retained by the Crown as a personal prerogative?

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. In which series of litigation was the prerogative power of the Crown to regulate territories and colonies challenged in the courts?

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. The executive is 'constitutionally forbidden' to make law without the express permission of Parliament. However, in some circumstances, Parliament may delegate power to ministers or other executive authorities through delegated legislation.
Through which means are most of these kinds of executive powers exercised?

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