12. The executive

2021 ◽  
pp. 271-302
Author(s):  
Anne Dennett
Keyword(s):  
National Security ◽  
Civil Service ◽  
Central Government ◽  
Common Law ◽  
Foreign Affairs ◽  
Government Agencies ◽  
Legal Authority ◽  
The Government ◽  
The Uk ◽  
Ministerial Power

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’.

12. The executive

2019 ◽  
pp. 255-287
Author(s):  
Anne Dennett
Keyword(s):  
National Security ◽  
Civil Service ◽  
Central Government ◽  
Common Law ◽  
Foreign Affairs ◽  
Government Agencies ◽  
Legal Authority ◽  
The Government ◽  
The Uk ◽  
Ministerial Power

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’.

4. How the UK is organised

2021 ◽  
pp. 71-99
Author(s):  
Anne Dennett
Keyword(s):  
Local Government ◽  
Northern Ireland ◽  
National Security ◽  
Central Government ◽  
State Legislature ◽  
Foreign Affairs ◽  
Government Agencies ◽  
Government Power ◽  
The Government ◽  
The Uk

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.

4. How the UK is organised

2019 ◽  
pp. 69-96
Author(s):  
Anne Dennett
Keyword(s):  
Local Government ◽  
Northern Ireland ◽  
National Security ◽  
Central Government ◽  
State Legislature ◽  
Foreign Affairs ◽  
Government Agencies ◽  
Government Power ◽  
The Government ◽  
The Uk

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.

Meta-Governance

2018 ◽  
Author(s):  
Morten Egeberg ◽  
Jarle Trondal
Keyword(s):  
Large Scale ◽  
Central Government ◽  
Focal Point ◽  
Reform Process ◽  
Government Agencies ◽  
Reform Processes ◽  
The Government ◽  
Central Government Agencies ◽  
Instrumental Control

Chapter 8 draws attention to meta-governance and how the governing of reforms is affected by how reform processes are organized. The chapter asks how reformers can ensure support for large-scale reforms that are likely to attract profound resistance. The focal point of the chapter is a study of geographical decentralization of central government agencies. The chapter argues that successful meta-governance can be provided for by careful organization of the reform process. The empirical case studied is a large-scale relocation of government agencies in Norway during the early 2000s. In carrying out this reform, the government succeeded against the odds. Most importantly, research has revealed huge constraints on the instrumental control of large-scale reforms in general and of geographical relocation of organizations in particular. Yet, this chapter shows that large-scale reforms can be successfully achieved through careful crafting of the reform organization.

scholarly journals Changing the rules of the game: some necessary legal reforms to United Kingdom intelligence

2009 ◽  
Vol 35 (4) ◽  
pp. 943-955 ◽  
Author(s):  
IAN LEIGH
Keyword(s):  
National Security ◽  
The Political ◽  
Legal Proceedings ◽  
Legal Reforms ◽  
Political Independence ◽  
The Us ◽  
Protection Of Human Rights ◽  
The Government ◽  
The Uk ◽  
Rules Of The Game

AbstractThis article argues that there is a need to modernise the law governing accountability of the UK security and intelligence agencies following changes in their work in the last decade. Since 9/11 the agencies have come increasingly into the spotlight, especially because of the adoption of controversial counter-terrorism policies by the government (in particular forms of executive detention) and by its international partners, notably the US. The article discusses the options for reform in three specific areas: the use in legal proceedings of evidence obtained by interception of communications; with regard to the increased importance and scle of collaboration with overseas agencies; and to safeguard the political independence of the agencies in the light of their substantially higher public profile. In each it is argued that protection of human rights and the need for public accountability requires a new balance to be struck with the imperatives of national security.

1. Introduction to constitutional law

2021 ◽  
pp. 1-8
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

10. Prerogative Powers

Public Law ◽  
2019 ◽  
pp. 300-332
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Central Government ◽  
Foreign Affairs ◽  
The European Union ◽  
Parliamentary System ◽  
Secretary Of State ◽  
Legal Foundations ◽  
Uk Supreme Court ◽  
The Uk

This chapter examines the meaning and the continuing significance of prerogative powers. Prerogative powers are those that were originally exercised by the Monarch before the modern parliamentary system was established. While most prerogative powers have now been replaced by statutory powers, prerogative powers remain important in some contexts, especially in relation to the conduct of the United Kingdom’s foreign affairs. In this context the decision of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of particular importance. The chapter is organized as follows. Section 2 considers the various legal foundations on which central government ministers may base their actions and compares prerogative and statutory powers. Section 3 examines prerogative power—a source of power possessed only by ministers in UK government and the monarch—in more detail. Section 4 considers the progress towards the reform of ministerial prerogatives.

Electronic Surveillance for the Public Good

2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker
Keyword(s):  
Public Good ◽  
Central Government ◽  
Electronic Surveillance ◽  
The Public ◽  
Surveillance Technology ◽  
Self Interest ◽  
The Law ◽  
The Government ◽  
The Uk ◽  
The Relationship

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.

Book II Diplomatic and Consular Relations, 8 The Appointment and Functions of Consuls

2016 ◽  
Author(s):  
Foakes Joanne ◽  
Denza Eileen
Keyword(s):  
Central Government ◽  
Foreign Affairs ◽  
Host State ◽  
History Of ◽  
The Government

This chapter discusses the appointment and functions of consuls. Consuls have over recent decades become closely assimilated to diplomats in the manner of their appointment and in many of the functions they perform, though not in the methods whereby they carry out these functions. The origins and history of consuls and consular posts are however quite distinct from those of diplomats and diplomatic missions. In modern practice, consuls are appointed by the government of a State to protect the practical, legal, and commercial interests of its own nationals in another State. Their contacts for this purpose with the host State are with regional, local, or police authorities rather than with the ministry of foreign affairs or other departments of central government.

The UK's proposed foreign direct investment regime: the tide is turning

2018 ◽  
Vol 17 (2) ◽  
pp. 73-78
Author(s):  
Veronica Roberts
Keyword(s):  
Foreign Direct Investment ◽  
National Security ◽  
Foreign Investment ◽  
Direct Investment ◽  
White Paper ◽  
Security Risk ◽  
Global Context ◽  
Uk Government ◽  
The Government ◽  
The Uk

The UK Government has recently published a White Paper proposing the creation of a new foreign investment regime, under which the Government would have powers to review a very broad range of transactions if they give rise to a national security risk. This article reviews the key provisions of the Government's proposal and also highlights the broader global context, with a number of other countries also expanding their own foreign investment regimes.

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