Has the Cabinet Manual 2011 begun the process of codifying the UK Constitution Flashcards
(22 cards)
what is the cabinet manual
The Cabinet Manual is a guide used by the UK Government. It explains how the government works and how decisions should be made, especially by ministers and civil servants.
how did the cabinet manual come about
- 2010 GE resulted in hung parliament
- uncertainty about forming a government
- a clear guide was needed
- it explains key rules, laws and practices of government
- helps during elections, coalitions, and transfers of power
What impact could the Cabinet Manual have on conventions?
The Cabinet Manual strengthens, clarifies, and sometimes shapes conventions by writing them down, even though it doesn’t turn them into law.
what is an example of a convention which is supported by the Cabinet Manual
The Salisbury Convention
what is the Salisbury Convention
the convention that if a policy is in a government’s manifesto, the HoL will not reject it as they would be going against the will of the people
Was the original draft of the cabinet manual easily agreed upon?
The original draft faced debate and criticism, especially over its effect on traditions and civil service power. But it was revised and eventually accepted as a helpful, though informal, guide.
Has the cabinet manual already proved significant?
The Cabinet Manual has already been used in practice to:
- Guide government formation
- Clarify caretaker conventions
- Frame constitutional expectations in crises
It’s not legally binding, but it has become an important source of authority and reference in UK constitutional practice.
when was the Cabinet Manual released
2011
under which PM was the cabinet manual released
David Cameron
who led the work on the Cabinet Manual
Cabinet Secretary, Sir Gus O’Donnell
when was the Cabinet Manual proved significant (use an example)
COVID-19 Emergency Powers (2020)
what was the context of the Cabinet Manual and COVID-19 Emergency Powers (2020)
Major use of government powers and fast lawmaking
what was the significance of the Cabinet Manual and COVID-19 Emergency Powers (2020)
The manual was used to assess the balance between executive action and parliamentary scrutiny.
what was the outcome of the Cabinet Manual and COVID-19 Emergency Powers (2020)
Helped frame expectations around ministerial accountability and proper Cabinet decision-making.
what is the nature of the Cabinet Manual vs. the Codified Constitution
a guide or handbook
vs.
a single, formal written document
what is the legal status of the Cabinet Manual vs. the Codified Constitution
not legally binding
vs.
Supreme law, legally enforceable
what is the content of the Cabinet Manual vs. the Codified Constitution
explains government practices, rules, and conventions
vs.
defines the fundamental laws and principles of the state
what is the flexibility of the Cabinet Manual vs. the Codified Constitution
can be updated or changed relatively easily
vs.
usually rigid; changes require special processes (e.g. amendments)
what is the scope of the Cabinet Manual vs. the Codified Constitution
focused mainly on executive government and conventions
vs.
covers all branches of government, citizens’ rights, structure of the state
what is the purpose of the Cabinet Manual vs. the Codified Constitution
to guide ministers and civil servants in running government
vs.
to set out the entire constitutional framework and limit government power
what is the examples of the Cabinet Manual vs. the Codified Constitution
UK Cabinet Manual (2011)
vs.
US Constitution, German Basic Law
what concerns have been raised about the Cabinet Manual?
- Confuses law and tradition – It doesn’t always clearly separate what is legally required from what is just a political convention.
- Freezes conventions – Writing down conventions might stop them from developing or adapting over time.
- Too much power to civil servants – It was created by unelected officials, not by Parliament.
- Lacks democratic approval – The manual was not formally debated or approved by Parliament.
- Could be misused – It might be used to justify controversial decisions by claiming they follow established practice.
