The Executive in the Constitution: Structure, Autonomy, and Internal Control

Hardcover | June 1, 1999

byTerence Daintith, Alan Page

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The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution,by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicialcontrols depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure,the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shapedby the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued bysuccessive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and Europeanlaw are changing not just the inner life of the executive government but its place in the constitution as well.

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The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution,by exploring an area hitherto largely negle...

Terence Daintith is Professor of Law at the Institute of Advanced Legal Studies, at the University of London Alan Page is Professor of Public Law at the University of London

other books by Terence Daintith

Format:HardcoverPublished:June 1, 1999Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019826870X

ISBN - 13:9780198268703

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Table of Contents

1. The executive in the constitutionI IntroductionII Why is the executive important?III Why is the executive neglected?IV Positive constitutional theoryV The executive in a resource-based theory of the constitution2. The executive in constitutional lawI IntroductionII The CrownIII The ministerial departmentIV Hollowing out the departmentV The cabinet and ministryVI Conclusion3. The civil serviceI IntroductionII The legal basis of controlIII The organisation of controlIV RecruitmentV Conduct and disciplineVI Conclusions4. The financial resources of the government: institutionsI Introduction: the constitutional dimensionII The constitutional structureIII The institutions of the executive5. The financial resources of government: allocation and appropriationI Introduction: a plurality of systemsII The Public Expenditure Survey systemIII The Supply systemIV Resource accounting and budgeting6. The financial resources of government: monitoring and controlI In general: criteria, constraints, conceptsII Treasury authorisations and delegationsIII Cash controlIV Control and sanctions7. The organisation of the legal function in governmentI IntroductionII The development of the structure for government legal workIII The current structure of legal servicesIV The Law Officers: history and status8. LegislationI IntroductionII Machinery and purposesIII The impact of EuropeIV Burdens on BusinessV Conclusions9. Litigation and legal advice: co-ordination and controlI The Law Officers, criminal prosecutions, and civil litigationII The Law Officers as the governments chief legal advisersIII Cabinet Office co-ordination in legal mattersIV Co-ordination within the framework of the Government Legal Service10. Executive legality: constitutional background and current issuesI Legality: pluralism and centralisationII Constitutional roots of our present systemIII The changing contextIV Change within the executive11. Better government: charter standards, open government and good administrationI IntroductionII The Citizens Charter and Service FirstIII Access to official informationIV External controls on standards of administrationV Conclusion12. Conclusions: internal control in a plural executiveI IntroductionII Trends in internal controlIII Internal control and external controlsIV The constitutional significance of internal controlBibliography

Editorial Reviews

`A wonderful description of current structures, processes, practices and rules which relate to the resources of the executive, its people, money and laws.'Brian Thompson, Parliamentary Affairs Vol.53 No.2