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Vol 21 No 9 Sept/Oct 2016

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The Executive in the Constitution

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Terence DaintithProfessor of Law, Institute of Advanced Legal Studies, University of London, Alan Page

ISBN13: 9780198268703
ISBN: 019826870X
Published: August 1999
Publisher: Oxford University Press
Format: Hardback
Price: £100.00

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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 judicial controls 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 shaped by 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 by successive 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 European law are changing not just the inner life of the executive government but its place in the constitution as well.

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Constitutional and Administrative Law
1. The executive in the constitution; I Introduction; II Why is the executive important?; III Why is the executive neglected?; IV Positive constitutional theory; V The executive in a resource-based theory of the constitution; 2. The executive in constitutional law; I Introduction; II The Crown; III The ministerial department; IV Hollowing out the department; V The cabinet and ministry; VI Conclusion; 3. The civil service; I Introduction; II The legal basis of control; III The organisation of control; IV Recruitment; V Conduct and discipline; VI Conclusions; 4. The financial resources of the government: institutions; I Introduction: the constitutional dimension; II The constitutional structure; III The institutions of the executive; 5. The financial resources of government: allocation and appropriation; I Introduction: a plurality of systems; II The Public Expenditure Survey system; III The Supply system; IV Resource accounting and budgeting; 6. The financial resources of government: monitoring and control; I In general: criteria, constraints, concepts; II Treasury authorisations and delegations; III Cash control; IV Control and sanctions; 7. The organisation of the legal function in government; I Introduction; II The development of the structure for government legal work; III The current structure of legal services; IV The Law Officers: history and status; 8. Legislation; I Introduction; II Machinery and purposes; III The impact of Europe; IV Burdens on Business; V Conclusions; 9. Litigation and legal advice: co-ordination and control; I The Law Officers, criminal prosecutions, and civil litigation; II The Law Officers as the governments chief legal advisers; III Cabinet Office co-ordination in legal matters; IV Co-ordination within the framework of the Government Legal Service; 10. Executive legality: constitutional background and current issues; I Legality: pluralism and centralisation; II Constitutional roots of our present system; III The changing context; IV Change within the executive; 11. Better government: charter standards, open government and good administration; I Introduction; II The Citizens Charter and Service First; III Access to official information; IV External controls on standards of administration; V Conclusion; 12. Conclusions: internal control in a plural executive; I Introduction; II Trends in internal control; III Internal control and external controls; IV The constitutional significance of internal control; Bibliography