5.

té tel:executive
The fount of policy making in Britain has always been the executive. Initially the crown was
allpowerful, but then the powers of the crown came to be exercised by bodies on behalf of the
crown. • The executive is the powerhouse of government. It is the part of government that provides
political leadership, makes decisions and enforces those decisions. • Without checks and
adjustments, government might become a tyranny against the people. • Prime Ministers are
certainly the best-known figures in politics. • The Prime Minister does not govern alone. In fact, at
least in theory, the UK executive is collective rather than personal.

In the 18th century, the Prime Minister was still only the "primus inter pares" or "first among equals".
The government of Robert Walpole (1722-1742) was of particular importance in the first half of the
century. Although the first man in government was sometimes called 'first prime minister' from
Queen Anne's time onwards, and only became an official title in the early 20th century, Walpole is
generally regarded as the first prime minister - and his government was a forerunner of later
parliamentarystyle governments.

To sum up, by the end of the 18th century, all the conditions were in place for the constitutional
monarchy form of government to continue to consolidate and develop. o Parliament was a body that
was constantly in session, without whose support it was impossible to govern o certain limits on the
powers of the monarchy were more or less fixed o some of the country's internal problems (the Irish
question, religious divisions) and external affairs (the maintenance and expansion of the colonial
empire) required stable government based on continued parliamentary support

- Traditionally, the person of the monarch was inviolable - However, the King's ministers were
responsible for all decisions taken by the King on their advice or with their input. In practice, this
meant parliamentary censure or even impeachment of the offending ministers. - A political, balance
of power was established. - The right to dissolve parliament was now an instrument of the executive
against the predominance of parliament. - the monarch retained his right of veto - a right he still
exercises today.

By the late nineteenth century, the UK ‘cabinet’ was the most senior committee in government: it
comprised all the major portfolios and took all the major decisions. To be a member carried authority
and prestige; in effect it was, and still is, the talent pool, the ‘short-list’, from which national leaders,
PMs, are usually drawn.

The executive is responsible for executing or implementing government policy. It is the chief source
of political leadership and, most importantly, controls the policy process. In short, the role of the
executive is to ‘govern’. There are two parts to the executive:

»The political executive, also known as ‘the government’. This is composed of elected ministers and
its job is to take overall responsibility for the direction and coordination of government policy.

»The official executive, or bureaucracy. This is composed of a small elite of senior civil servants and
its job is to provide policy advice and to implement government policy. Executive: The branch of
government that is responsible for the implementation of laws and policies made by Parliament.
In the UK it comprises essentially: • PM and cabinet; • ministers and civil servants; • departments of
state; • and non-governmental organisations or ‘quangos’

The key aspects of the modern role of the Prime Minister are:

»Forming a government. Prime Ministers appoint all other members of the government. This power
to ‘hire and fire’ is known as patronage and extends to the Cabinet and other ministers, and gives the
Prime Minister substantial control over the careers of their party’s MPs.

»Directing government policy. The Prime Minister sets the overall direction of government policy
and defines its strategic goals. In doing so, they can interfere in any aspect of policy, although
economic policy and foreign policy tend to be the major concerns of most Prime Ministers.
»Managing the Cabinet system. The Prime Minister chairs Cabinet meetings, determines their
number and their length, and also sets up and staffs Cabinet committees

»Organising government. Prime Ministers are responsible for the structure and organisation of
government. This involves setting up, reorganising and abolishing government departments, as well
as being responsible for the Civil Service.

» Controlling Parliament. As leader of the largest party in the Commons, the Prime Minister
effectively controls it and through it, Parliament. Prime Ministers may make use of their control of
Parliament to introduce secondary legislation which enables laws to be amended by government
ministers without requiring the authority of Parliament.

»Providing national leadership. The Prime Minister’s authority is largely based on being elected by
the people, and the link between the Prime Minister and the people has been strengthened by the
media’s relentless focus on the office. National leadership is most important at times of national
crisis, war or in response to major events

Patronage: The power to appoint and dismiss members of the government and other significant
appointments.

Cabinet committees: Groups of ministers that can take decisions that are binding and are designed
to reduce the burden on the full Cabinet by allowing smaller groups of ministers to take decisions on
specific policy areas.

Secondary legislation: Powers given to the executive by Parliament to make changes to the law
within certain specific rules.

Cabinet: The group of leading ministers which is empowered to make official government policy

The main theories of executive power are: »Cabinet government »Prime-ministerial government
»Presidentialism

CABINET GOVERNMENT : Each of them has the capacity to influence government policy and shape
the direction in which the government is going. • The theory of Cabinet government is underpinned
by the convention of collective responsibility, in which all ministers are expected to publicly support
decisions made by the Cabinet, or resign from the government.
PRIME MINISTERIAL GOVERNMENT • The key feature of this view is that it is the Prime Minister, and
not the Cabinet, who dominates both the executive and Parliament. • They make major government
decisions and exert influence over all policy areas.

Judiciary:
1. The Supreme Court: It is the highest court in the UK, established in 2009. The Supreme Court
handles cases of significant legal importance, constitutional issues, and appeals from lower courts.

2. The Court of Appeal: It is the second highest court in the UK and consists of two divisions: the Civil
Division and the Criminal Division. It hears appeals from lower courts and reviews decisions made by
certain tribunals.

3. The High Court: It is the third highest court in the UK and is divided into three divisions: the
King’s/Queen's Bench Division, the Chancery Division, and the Family Division. The High Court deals
with a wide range of cases, including civil disputes, administrative law, and serious criminal cases.

4. Crown Court: It handles serious criminal cases, such as murder, rape, or drug offenses, referred to
it by lower courts. The Crown Court conducts trials by judge and jury

Magistrates' Court: These are lower courts that deal with less serious criminal cases, such as petty
theft or minor offenses. They consist of lay magistrates who decide on guilt or innocence and impose
sentences.

6. Tribunals: These are specialized courts that handle specific areas of law, such as employment,
immigration, and social security. Tribunals aim to provide accessible and efficient justice in their
respective fields.

7. Judicial appointments: Judges in the UK are appointed based on their legal expertise and
experience. Senior judges, including Supreme Court justices, are appointed by the Queen on the
advice of a special Commission. They hold office until they reach a mandatory retirement age.

8. Legal precedent: The UK judiciary follows the principle of common law, which means that
decisions made by higher courts are binding on lower courts, creating a system of legal precedent.
This ensures consistency and predictability in the interpretation of law