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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: 18 January 2022

The Executive in Constitutional Law

The Executive in Constitutional Law

(p.26) 2 The Executive in Constitutional Law
The Executive in the Constitution

Terence Daintith

Alan Page

Oxford University Press

This chapter provides an analysis of the legal structure and status of the executive branch under the constitution. It concentrates on what traditionally have been the most prominent authorities—the ministerial departments. Then, it looks at the changes which have been wrought in the internal organization of departments over the last decade or so as a result of the restructuring of parts of departments as Next Steps or executive agencies, and the contracting out of departmental functions to private contractors, before examining in the final section of the chapter the ‘extra-legal organization of cabinet and ministry’ through which the ‘requisite harmony’ in executive action is meant to be secured. It begins with a discussion on ‘the Crown’. It is believed that the autonomy of departments in the United Kingdom continues to be protected through a combination of law, which vests functions in ministers; convention, which makes them responsible for those functions to Parliament; and organization, through their membership of the central executive authority.

Keywords:   constitutional law, United Kingdom, Next Steps, executive agencies, ministerial department, cabinet, ministry, the Crown

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