The Executive in the Constitution
Structure, Autonomy and Internal Control
Oxford University Press
Book
Paperback/Softback
441 pages
978-0-19-925578-8 (ISBN)
Description
This is a constitutional and legal analysis of the inner workings of the executive. It aims to provoke a reappraisal 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 of the executive and the mechanisms through which the centre of the executive seeks to control the actions of the departments. The authors show that these mechanisms are no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control - which can only be effective if the executive can control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit.
More details
Edition
New edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Professional and scholarly
Edition type
New edition
Illustrations
bibliography
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-0-19-925578-8 (9780199255788)
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Schweitzer Classification
Content
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