10.1.3 Main Powers of the Executive: Royal Prerogative, Legislation Initiation, and Secondary Legislative Power

Royal Prerogative Powers

Key Prerogative Powers

Appointing and Dismissing Ministers:

• The Prime Minister has the authority to appoint and dismiss members of the Cabinet and other ministerial positions.
• Example: Boris Johnson reshuffled his Cabinet in September 2021, appointing Liz Truss as Foreign Secretary and making other significant changes to align his team with his policy goals.

Conducting Foreign Affairs:

• This includes signing treaties, recognising foreign states, and directing diplomatic relations.

Military Action:

• The Prime Minister can deploy armed forces without prior parliamentary approval, although recent conventions often involve consulting Parliament.

Issuing and Revoking Passports:

• The executive can issue and revoke passports, a power traditionally exercised without requiring legislation.

Limitations and Recent Developments

• The use of prerogative powers has increasingly been subject to parliamentary scrutiny and legal challenges.

Initiation of Legislation

Legislative Agenda

• The executive sets the legislative agenda and introduces most bills to Parliament. The government controls the majority of parliamentary time for debate on its legislation.

Government Bills

• Most significant legislation is introduced as government bills, which are drafted by government departments under the direction of relevant ministers.

Coalition and Minority Governments

• The ability to initiate and pass legislation can be affected by the nature of the government, such as coalitions or minority administrations.
  • Coalition of 2010: David Cameron (Conservative) and Nick Clegg (Liberal Democrat) formed a coalition. Despite the partnership, Cameron was seen as the superior PM due to the Conservatives having more seats. Clegg's promise to scrap tuition fees was unmet, and fees were raised to £9000, highlighting the limited power of the Lib Dems with their 56 seats.
  • Theresa May 2017: May led a minority government after losing the Conservative majority. Despite many MPs opposing her, she remained as PM. However, her inability to pass Brexit on three occasions, due to significant opposition and Tory rebellions, demonstrated her weakened position, leading to her resignation.

Parliamentary Majority

• A strong parliamentary majority can significantly enhance the executive's ability to pass legislation.

Evaluation

• The effectiveness of the executive in initiating legislation can be hindered by party disunity, as seen with Theresa May's struggles with Brexit. Party cohesion is critical for the successful passage of legislation.

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Secondary Legislative Power

Delegated Legislation

• Secondary or delegated legislation allows the executive to make detailed laws and regulations under the authority of an Act of Parliament. This enables swift and specific legislative responses without requiring a new Act.

Types of Delegated Legislation

Statutory Instruments (SIs):

• The most common form of delegated legislation, used to update laws, add details, or bring provisions into force.

Orders in Council:

• Used for transferring responsibilities between government departments or implementing international agreements.

By-laws:

• Local laws made by local authorities or certain public bodies, tailored to specific local needs and conditions.

Control and Oversight

• While secondary legislation allows flexibility, it is subject to parliamentary control, either through affirmative resolution (requiring explicit approval) or negative resolution (automatically becoming law unless contested).

Evaluation

• The extensive use of secondary legislation can lead to concerns about reduced parliamentary oversight and democratic accountability. However, it remains a vital tool for effective governance, allowing the executive to respond promptly to emerging issues.

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Additional Factors Influencing Executive Power

Internal Party Dynamics

Leadership Challenges and Cabinet Composition:

Evaluation:

• A Prime Minister's power can be significantly curtailed by internal party dynamics, such as factionalism and leadership challenges.

Legal and Judicial Constraints

Supreme Court Rulings:

Evaluation:

• Judicial intervention can significantly constrain executive actions, ensuring adherence to legal and constitutional norms.

Public Perception and Media Influence

Media Scrutiny:

Evaluation:

• Media influence and public opinion play crucial roles in shaping the political landscape, affecting the executive's authority and legitimacy.

Parliamentary Scrutiny

PMQs and Parliamentary Rebellions:

Evaluation:

• Parliamentary scrutiny mechanisms, including PMQs and the potential for rebellions, are vital for maintaining checks on executive power.

Conclusion

The executive branch of the UK government, through the Prime Minister and the Cabinet, wields significant powers, including Royal Prerogative powers, the initiation of legislation, and secondary legislative powers.

These powers enable the government to implement policies, manage the country effectively, and respond swiftly to changing circumstances. However, the exercise of these powers is subject to limitations and scrutiny, ensuring a balance between effective governance and accountability. Recent examples, such as the challenges faced by coalition and minority governments, highlight the complexities and constraints within which the executive operates, demonstrating the dynamic nature of political power in the UK.