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The Executive in the Constitution - Structure, Autonomy, and Internal Control (Hardcover)
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The Executive in the Constitution - Structure, Autonomy, and Internal Control (Hardcover)
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The Executive in the Constitution: Structure, Autonomy, and
Internal Control is the first constitutional and legal analysis of
the inner workings of the executive for many years. It aims to
provoke a reappraisal, by constitutional lawyers, 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 and structure of the executive, and the
mechanisms through which the centre of the executive seeks to
control the actions of departments. The authors, both pre-eminent
in the field off constitutional law, show that the machinery of
executive co-ordination and control is no less crucial a dimension
of the constitutional order than the external machinery of
democratic and legal control. These external parliamentary and
judicial controls depend for their effectiveness on the executive's
ability to control itself. The plural structure of the executive,
however, makes the co-ordination and control of its component parts
a highly problematical pursuit. Against the background of an
analysis of the executive's legal structure, the book examines in
detail the controls governing departmental access to staffing,
financial, and legal resources, analysing the relationship between
these internal controls and the external machinery of democratic
and legal control, and showing how the machinery of internal
control has been shaped by the structure of the executive branch.
The organization of the executive and the way it controls the
actions of its departments has changed significantly in recent
year. This book explores the impact of the machinery if executive
co-ordination and control of the ambitious public service reform
project which has been pursued by successive governments over the
last twenty years, as well as of changes in the wider
constitutional framework, including those stemming from the United
Kingdom's membership of the European Union and the growth of
judicial review. It shows how public service reforms, judicial
review, and European law are changing not just the inner life of
the executive government but its place in the constitution as well.
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