Many of the Prime Minister's powers are obscure "prerogative" powers, which are not well understood or defined. More of these prerogative powers should be codified in statute to make them more transparent and increase accountability to Parliament. Government should also consider consolidating the existing Prime Ministerial powers in one place - the way the role has evolved means there is no single and authoritative source of information on the powers. There is widespread agreement that the Prime Minister's role has increased in recent decades-including in policy making. Coalition government has to some extent constrained the powers of the Prime Minister but this might not persist under single-party government. The need for support by a majority of Members of Parliament and the Cabinet acts as a check and balance on the Prime Minister. However, these political mechanisms are not effective on a "day-to-day" basis. The Liaison Committee has the potential to be a very effective mechanism for Parliament to hold the Prime Minster to account, and should continue to improve the way it works. The Government should consider a role for Parliament in the investiture of the Prime Minister, or the Government, after a general election. Some consider that accountability of the Prime Minister would be strengthened by direct election by the public, US style. The Government could also consider the creation of a combined Department for the Prime Minister and the Cabinet, with a departmental Select Committee specifically to scrutinise that Department

Constitutional and administrative law (public law) is an essential element of all law degrees. Unlocking Constitutional and Administrative Law will ensure that you grasp the main concepts with ease, while giving you an indispensable foundation in the subject. This revised fourth edition is fully up to date with the latest key changes in the law and constitutional developments. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives; activities such as self-test questions; charts of key facts to consolidate your knowledge; diagrams to aid memory and understanding; prominently displayed cases and judgments; chapter summaries; a glossary of legal terminology; essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.

Praise for the previous editions “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists ... [students] will certainly find it worth their while' Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

This book brings together a group of leading scholars working in public law and constitutional theory. It examines accepted leading works of public law while also exploring those that deserve greater attention. Over 13 chapters, a group of leading public law experts each examine one leading work from the UK public law canon. Each chapter critically reflects on the context of a work in public law, taking into account not just the work and its context but also how it shapes and contributes to the broader discipline. The final chapter offers an international overview of the chapters themselves, reflecting critically on the scholarly canon of UK public law from the perspective of American constitutional scholarship. The book will be of interest to scholars and students of constitutional law.

Why is cabinet government so resilient? Despite many obituaries, why does it continue to be the vehicle for governing across most parliamentary systems? Comparing Cabinets answers these questions by examining the structure and performance of cabinet government in five democracies: the United Kingdom, Denmark, the Netherlands, Switzerland, and Australia. The book is organised around the dilemmas that cabinet governments must solve: how to develop the formal rules and practices that can bring predictability and consistency to decision making; how to balance good policy with good politics; how to ensure cohesion between the factions and parties that constitute the cabinet while allowing levels of self-interest to be advanced; how leaders can balance persuasion and command; and how to maintain support through accountability at the same time as being able to make unpopular decisions. All these dilemmas are continuing challenges to cabinet government, never solvable, and constantly reappearing in different forms. Comparing distinct parliamentary systems reveals how traditions, beliefs, and practices shape the answers. There is no single definition of cabinet government, but rather arenas and shared practices that provide some cohesion. Such a comparative approach allows greater insight into the process of cabinet government that cannot be achieved in the study of any single political system, and an understanding of the pressures on each system by appreciating the options that are elsewhere accepted as common beliefs.

This revised and updated ninth edition of the bestselling textbook Politics UK is an indispensable introduction to British politics. It provides a thorough and accessible overview of the institutions and processes of British government, a good grounding in British political history and an incisive introduction to the issues and challenges facing Britain today, including the European referendum and Brexit. The ninth edition welcomes brand new material from seven new contributors to complement the rigorously updated and highly respected chapters retained from the previous edition. It delivers excellent coverage of contemporary events including a new chapter on Euro-scepticism and the European referendum, an assessment of the performance of Labour’s leadership, the trials and tribulations of the Liberal Democrats and UKIP, and the evolving devolution debate in Scotland, led by the Scottish Nationalist Party. Features of the new edition include: Britain in context boxes offering contrasting international perspectives on key themes in British politics A comprehensive ‘who’s who’ of politics in the form of Profile boxes featuring key political figures And another thing . . . pieces containing short articles written by distinguished commentators including Mark Garnett, Sir David Omand, Richard Wilkinson and Sir Simon Jenkins An epilogue analyzing the turbulent state of UK politics following the European referendum With chapters written by highly respected scholars in the field and contemporary articles on real-world politics from well-known political commentators, this textbook is an essential guide for all students of British politics.

This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.

The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive branch is simultaneously submissive to law and dominant over it, while concepts of substantive legality are compromised. Building on legal and political science research, this volume classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law - emergency law and air-pollution law - in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This book addresses an area that is surprisingly under-researched. Despite the increase in executive power across democratic polities and increasing public interest in the executive branch and executive powers, this much-needed book offers a theoretical foundation that should ground all analysis of arguably the most powerful branch of modern government.

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

When the door closes on one prime minister's rule, what happens next? General elections are only one possible way to enter 10 Downing Street. Using all relevant constitutional conventions, precedents, non-legal codes, historical events, and laws, this title offers a comprehensive account of all the circumstances in which the premiership is attained and lost. Over seven chapters, this book follows the sequence of events starting with how a prime minister can lose office, continues on to examine the procedures that then have to be followed, and considers at length the ways in which a politician can become leader of the country. Also explored are the possible emergencies, such as the sudden serious illness or even death of a prime minister, and their constitutional responses. This book concludes by looking at whether the procedures discussed could be set out in an authoritative and user-friendly code, and a sample one is suggested. Covering historical examples and modern turmoil, this book in an essential guide for understanding the rules and processes involved in choosing a prime minister.