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Public Law > Responsible Government > Flashcards

Responsible Government Flashcards

1
Q

Who comprises the central executive?

A

PM and cabinet

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2
Q

What are the PM’s powers by convention?

A

Advising king to appoint/remove ministers
size and composition of cabinet
General policy direction of government
Subject matter/composition of cabinet committees
When cabinet meets
Agenda for cabinet discussion

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3
Q

What role is the PM also?

A

Minister for civil service
First Lord of the treasury

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4
Q

What is the role of the cabinet office?

A

Support pm and cabinet
Ensure civil service helps government attain policy goals

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5
Q

What is the cabinet office responsible for?

A

Political and constitutional reform
Civil service
Supporting national security council/joint intelligence organisation
Independent parliamentary standards authority

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6
Q

Who mostly conducts privy council day to day business?

A

Government ministers

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7
Q

What do privy council members swear?

A

Oath of allegiance

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8
Q

What was ruled in miller?

A

Proroguing Parliament was unlawful

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9
Q

Under what powers does the cabinet exist?

A

Convention

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10
Q

What is the cobra committee?

A

Mechanism for government to agree response to major emergencies

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11
Q

What is collective ministerial responsibility?

A

Government ministers are bound by the collective decisions of cabinet

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12
Q

What are the three components of collective ministerial responsibility?

A

Confidentiality
Unanimity
Confidence

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13
Q

What is the doctrine of individual ministerial responsibility?

A

Ministers accept responsibility and if necessary resign for errors and failures of their department

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14
Q

Why is there uncertainty around the doctrine of individual ministerial responsibility?

A

Short term realities of the political world
Assessing degree of fault in a time of big government

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15
Q

What are the two ministerial responsibility situations as laid out by maxwell fyfe?

A

Where minister had personal involvement or knowledge of the issue
Where minister played no role and given the size of government couldn’t have been expected to

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16
Q

When did maxwell fyfe believe a minister need not resign?

A

Where explicit order made by a minister
When civil servant acts in accordance with policy laid down by the minister
When official makes mistake/caused delay but not on an important issue of policy
Where civil servant taken action which minister disapproved and has no prior knowledge of, and the conduct is reprehensible

17
Q

What has become more important for keeping ministers accountable?

A

Keeping Parliament informed about departmental problems and errors

18
Q

What does the ministerial code say about ministers informing parliament?

A

Ministers have a duty to account to parliament and be held to account for policies/decisions/actions of their department and agencies
Give accurate and truthful information to parliament, correcting error, misleading parliament = expected to resign

19
Q

What are the seven principles of public life in the ministerial code?

A

Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
Leadership

20
Q

Why is the ministerial code soft law?

A

Unenforceable set of rules
Investigation of breach at discretion of PM

21
Q

What areas does the ministerial code cover?

A

Conduct of ministers
Collective responsibility
Proper and transparent engagement with parliament
Conflict of interest
Proper use of government resources

22
Q

Who does the ministerial code apply to?

A

Government ministers (full)
Parliamentary private secretaries (part)
Special advisers (part)

23
Q

Who other than the PM can initiate investigation into breach of ministerial code?

A

Independent Adviser on Ministers interests

24
Q

What are the constitutional principles underpinning the civil service?

A

Permanence
Political neutrality
Anonymity

25
Q

What is the role hierarchy in government departments?

A

Secretary of State
Permanent secretaries
Special advisers
Senior responsible owners
Civil servants

26
Q

What is an accounting officer?

A

Responsible for expenditure
Evaluating mechanisms for delivering policy objectives
Value for money
Give evidence to parliamentary select committees

27
Q

What are senior responsible owners?

A

Personally responsible for delivery of major government projects
Give evidence to parliamentary select committees

28
Q

How may civil servants be dismissed?

A

For deceit or incompetence

29
Q

Who are civil servants accountable to?

A

Ministers

30
Q

What are the core values of the civil service code?

A

Integrity
Honesty
Objectivity
Impartiality

31
Q

Can civil servants be dismissed by ministers?

A

Not formally

Public Law (8 decks)

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