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The Executive in the ConstitutionStructure, Autonomy, and Internal Control$
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Terence Daintith and Alan Page

Print publication date: 1999

Print ISBN-13: 9780198268703

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268703.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2022

Executive Legality: Constitutional Background and Current Issues

Executive Legality: Constitutional Background and Current Issues

Chapter:
(p.323) 10 Executive Legality: Constitutional Background and Current Issues
Source:
The Executive in the Constitution
Author(s):

Terence Daintith

Alan Page

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268703.003.0010

This chapter briefly reviews the findings of the last three chapters on the key features of executive structure and practice and on legality, before trying to assess their significance. The subservience of the United Kingdom executive to the judiciary and its dominance of the legislature is demonstrated. The administrative heterogeneity and the growth of judicial review are two sources of erosion that are particularly relevant to ideas and practice concerning the organization and delivery of legal advice. It has been shown how adaptations to the new challenges being presented by ‘agencification’, judicial review, European law, and other factors of change are being made within the pluralist, departmentally-based model of executive legal services, rather than by any moves towards a more centralized legal function.

Keywords:   executive legality, United Kingdom, judiciary, legislature, legal advice, agencification, judicial review, European law

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