Institutions of State:
Central Government:
To understand why public law is so important to the functioning of society, you need to have an
understanding of how government is organised and it goes about its work. If you have already
studied politics at ‘A’ level or just take a close interest in current affairs you may already have some
understanding of this. On the other hand, you may never have thought about it at all, and if you
have come to YLS to study from overseas you may only have encountered a very different system of
government. In term 1 you encountered some of these institutions, but now we will be looking at
them in more detail. This term we will delve a little further into the organisation of government in
the UK, and ask questions about its accountability.
Parliament and the executive
You have already encountered the division between Parliament and the executive when considering
the separation of powers. While Parliament enacts legislation, the executive is given very broad
powers both to develop policy behind Parliamentary change, and to implement policy. We have
already encountered the idea that Ministers in the Executive are responsible to Parliament.
However, the complexity of how modern Government is organised leads to problems of
accountability.
The organisation of the executive
Central Government is organised by department. Departments seem to undergo frequent
reorganisation, which may reallocate responsibilities between different departments.
Each department is led by a number of Ministers who are, at least in theory, politically accountable
to Parliament for the actions of the department. A department has a range of responsibilities. It is
required both to develop policy and to implement it. Changes that started in the 1980’s, in the
name of more efficient and smaller government, have led to a much clearer separation of the
development of policy from its day to day implementation. This gives rise to problems of
accountability which will be explored in a plenary.
Local Government:
Many government services need delivery not from London but at a local level. Some central
departments provide a local service. For example the Department of Work and Pensions run
JobCentrePlus offices throughout the country to assist the unemployed find work and claim benefits.
However, most local services are delivered by local government. Service areas cover the
maintenance of highways, the collection of rubbish, the provision of schools, social services – the list
is endless. Unlike central government, which does not necessarily have a statutory underpinning to
its activities, local government is entirely a creature of statute. A local authority cannot act unless it
has a power to do so. The relationship between local and central government has not always been
easy, partly due to a strong centralising tendency of government in this country. The Coalition
government attempted to address this with the Localism Act 2011. The aim of the Act was to
devolve more decision-making powers from central government back into the hands of individuals,
communities and councils. The Act covers a wide range of issues related to local public services, with
a particularly focus on the general power of competence, community rights, neighbourhood
planning and housing. More detail about the Localism Act is available here.
Central Government:
To understand why public law is so important to the functioning of society, you need to have an
understanding of how government is organised and it goes about its work. If you have already
studied politics at ‘A’ level or just take a close interest in current affairs you may already have some
understanding of this. On the other hand, you may never have thought about it at all, and if you
have come to YLS to study from overseas you may only have encountered a very different system of
government. In term 1 you encountered some of these institutions, but now we will be looking at
them in more detail. This term we will delve a little further into the organisation of government in
the UK, and ask questions about its accountability.
Parliament and the executive
You have already encountered the division between Parliament and the executive when considering
the separation of powers. While Parliament enacts legislation, the executive is given very broad
powers both to develop policy behind Parliamentary change, and to implement policy. We have
already encountered the idea that Ministers in the Executive are responsible to Parliament.
However, the complexity of how modern Government is organised leads to problems of
accountability.
The organisation of the executive
Central Government is organised by department. Departments seem to undergo frequent
reorganisation, which may reallocate responsibilities between different departments.
Each department is led by a number of Ministers who are, at least in theory, politically accountable
to Parliament for the actions of the department. A department has a range of responsibilities. It is
required both to develop policy and to implement it. Changes that started in the 1980’s, in the
name of more efficient and smaller government, have led to a much clearer separation of the
development of policy from its day to day implementation. This gives rise to problems of
accountability which will be explored in a plenary.
Local Government:
Many government services need delivery not from London but at a local level. Some central
departments provide a local service. For example the Department of Work and Pensions run
JobCentrePlus offices throughout the country to assist the unemployed find work and claim benefits.
However, most local services are delivered by local government. Service areas cover the
maintenance of highways, the collection of rubbish, the provision of schools, social services – the list
is endless. Unlike central government, which does not necessarily have a statutory underpinning to
its activities, local government is entirely a creature of statute. A local authority cannot act unless it
has a power to do so. The relationship between local and central government has not always been
easy, partly due to a strong centralising tendency of government in this country. The Coalition
government attempted to address this with the Localism Act 2011. The aim of the Act was to
devolve more decision-making powers from central government back into the hands of individuals,
communities and councils. The Act covers a wide range of issues related to local public services, with
a particularly focus on the general power of competence, community rights, neighbourhood
planning and housing. More detail about the Localism Act is available here.
