Ministerial Accountability Under the UK Constitution

Ministerial Accountability Under the UK Constitution

“The prerogative has allowed powers to move from Monarch to Ministers

without Parliament having a say in how they are exercised. This should

no longer be acceptable to Parliament or the people.” Discuss whether

ministerial accountability is adequately addressed under the UK

constitution

The Royal Prerogative has allowed a wide array of discretionary powers

to be delegated from the Monarch to ministers without a need to seek

parliamentary approval. This system is both unjust and undemocratic as

it leaves a number of largely unchecked powers in the hands of a

privileged few. These powers, including the ability to ratify

treaties, declare war, regulate the civil service and appoint

ministers, have a profound effect on the lives of the citizens of the

United Kingdom and therefore it is necessary for them to be regulated

by Parliament, the democratically elected body of the British people.

While there are no legal rules governing how ministers can exercise

the prerogative, they are subject to a number of non-legal rules and

conventions, in particular the convention of ministerial

responsibility. As FM Maitland states this is the principle that “for

every exercise of royal power some minister is answerable.”[1]

Ministers are collectively responsible to parliament for their

administration and policy, as well as, being individually responsible

for their own personal conduct and conduct of their department. If a

minister does not adhere to the acceptable standards they can be

compelled or forced to resign. Ministers are, therefore, accountable

to Parliament for the decisions that the...

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...ccountability to

Parliament” (March 2004)

www.publications.parliament,uk/pa/cm200204/cmseelct/cmpubadm/422/42202.htm

“Unfinished Business? Ministerial Powers and the Prerogative” (May

2003)-

http://www.parliament.uk/parliamentary_committees/public_administration_select_committee/pasc_no_12.cfm

http://www.guardian.co.uk/monarchy/story/0,2763,407374,00.html

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[1] Cited in Barnett H “Constitutional and Administrative Law”

(Cavendish Publishing, Australia, 2004) pg 289

[2] Barnett H “Constitutional and Administrative Law” (Cavendish

Publishing, Australia, 2004) pg 296

[3] M and J Spencer “Constitutional and Administrative Law” (Sweet and

Maxwell, London, 2000) pg 28

[4] http://www.guardian.co.uk/monarchy/story/0,2763,407374,00.html