Chapter 11 Self-test questions

It is a basic requirement of the rule of law that all are subject to the law, even __________.

The executive may be called to account through a number of mechanisms. Please match the point of accountability with the appropriate mechanism.

Scrutiny via a representative body. It uses its powers to ask questions of the government to gain answers to any concerns that it may have, on its own account or on behalf of constituents.

Scrutiny via the mechanism of judicial review. The judiciary examines the legality of government action and may require action or prohibit actions that it holds to be illegal, irrational, procedurally improper of a breach of the HRA 1998.

Scrutiny by the public, often via means of media reports. The public get to chose their MPs, and indirectly the government through parliamentary elections.

Question Please select each of the mechanisms below that you consider to be a means through which Parliament scrutinises the executive.

Parliamentary debates.

Pre-legislative and legislative scrutiny.

Parliamentary questions.

Parliamentary committees.

Which of the following options most closely matches the objectives of select committees in relation to the department that they scrutinise?

To examine the administration of the department, to develop governmental policy, to assist with drawing up the departmental budget, and to assist the House in debate and decision-making.

To examine the administration of the department, to scrutinise individual civil servants, to assist with drawing up the departmental budget, and to assist the House in debate and decision-making.

To examine the administration of the department and its expenditure. To examine and comment on its policy. To assist the House in debate and decision-making.

To examine the administration of the department and its expenditure. To examine and comment on its policy.

The courts can provide an effective point of scrutiny in relation to all of the executive's decisions, actions or omissions.

True

False

Please match the definition to the source of executive public law power.

Power has been conferred via Parliament through Acts of Parliament and delegated legislation.

Power has been conferred through the common law and is vested in the Crown.

Question Which of the following all fall within the broad definition of the executive and so may exercise public law powers?

Civil servants in central and local government

Members of the government

Those working in executive agencies

Those working in public limited companies

A whipped vote used by political parties to require their members to vote along party lines does not extend to select committee business.

True

False

Question Which of the following forms and/or forums for parliamentary questions are open to MPs to hold the government to account?

Constituency questions

Oral Prime Minister's Questions

Oral Minister's Questions

Written Questions answered through Hansard Commons and Hansard Lords

Question What are the three main limitations of legal accountability of the executive according to Tomkins?

Delay

Capacity

Potency

Democracy

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