Chapter

The Executive in Constitutional Law

Terence Daintith and Alan Page

in The Executive in the Constitution

Published in print August 1999 | ISBN: 9780198268703
Published online March 2012 | e-ISBN: 9780191683558 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268703.003.0002
The Executive in Constitutional Law

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This chapter provides an analysis of the legal structure and status of the executive branch under the constitution. It concentrates on what traditionally have been the most prominent authorities—the ministerial departments. Then, it looks at the changes which have been wrought in the internal organization of departments over the last decade or so as a result of the restructuring of parts of departments as Next Steps or executive agencies, and the contracting out of departmental functions to private contractors, before examining in the final section of the chapter the ‘extra-legal organization of cabinet and ministry’ through which the ‘requisite harmony’ in executive action is meant to be secured. It begins with a discussion on ‘the Crown’. It is believed that the autonomy of departments in the United Kingdom continues to be protected through a combination of law, which vests functions in ministers; convention, which makes them responsible for those functions to Parliament; and organization, through their membership of the central executive authority.

Keywords: constitutional law; United Kingdom; Next Steps; executive agencies; ministerial department; cabinet; ministry; the Crown

Chapter.  14290 words. 

Subjects: Constitutional and Administrative Law

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