Central government and accountability - Structure of central...

Learning Outcomes

This article explains the detailed structure of the UK's central government, including how it is organised into three principal branches: the executive, the legislature, and the judiciary. It identifies the allocation of powers and responsibilities between these branches and describes the rationale and practice behind the separation of powers. You will gain understanding of the operational interdependence of these branches, understand the role of parliamentary scrutiny, and appreciate mechanisms for holding the government to account, particularly through ministerial responsibility and judicial review. The content covers the workings of government at the highest level, the function and composition of each branch—including the interrelationship between Parliament, Cabinet, and the courts—and the core concepts and conventions that underpin accountability. Applications to realistic legal practice and complex problem-based scenarios are integrated throughout, particularly regarding collective and individual ministerial responsibility, control over delegated powers, select committee scrutiny, and the interaction of political conventions and legal rules.

SQE1 Syllabus

For SQE1, you are required to understand the structure of UK central government and its accountability mechanisms, with a focus on the following syllabus points:

• the separation of powers between the executive, legislature, and judiciary
• the composition, roles, and functions of each branch of central government
• the principles and operation of collective and individual ministerial responsibility
• mechanisms and procedures for parliamentary oversight and scrutiny
• the structure and processes of judicial review as a means of holding the government to account
• the sources and status of constitutional conventions in relation to government accountability
• the interplay between statute, case law, and conventions in the UK constitution
• the legal limits and safeguards on government action, including the rule of law, the Constitutional Reform Act 2005, and the Human Rights Act 1998

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the three main branches of central government in the UK, and what is the primary function of each?
2. What is the difference between collective and individual ministerial responsibility?
3. How does Parliament hold the government to account for its actions?
4. What is the purpose of judicial review in the context of central government accountability?

Introduction

The central government of the United Kingdom is structured around the doctrine of the separation of powers, mandating the division of state authority among the executive, the legislature, and the judiciary. This institutional architecture is intended to prevent any one person or body from accumulating unchecked power, thereby maintaining both liberty and the rule of law. While the theoretical separation is clear, in practice the boundaries between the branches are not perfectly rigid, particularly in the UK’s uncodified constitutional framework. The effectiveness of this separation relies on a combination of statutory provisions, constitutional conventions, and regulatory mechanisms that facilitate both cooperation and checks on governmental authority. Mechanisms of accountability—legal, political, and administrative—are necessary to ensuring that state power is exercised in accordance with law, subject to oversight, and responsive to changing social and political needs.

The Separation of Powers

The doctrine of separation of powers is central to the UK’s constitutional order. It requires the allocation of public functions to distinct arms of the state, with each branch performing core functions:

• The executive is responsible for the implementation and administration of the law. This encompasses the Prime Minister, Cabinet, government ministers, government departments, and the civil service.
• The legislature—composed of the House of Commons, House of Lords, and the Monarch—debates, amends, and enacts primary legislation and holds the executive branch to account.
• The judiciary—including all courts and judges, culminating in the UK Supreme Court—interprets, applies, and enforces the law, ensuring compliance with legal and constitutional principles.

Key Term: separation of powers
The principle that allocates functions, powers, and personnel to separate branches of government, thereby preventing the concentration of power and promoting effective checks and balances.

Unlike in some countries with a codified and rigid constitution, the separation in the UK is described as ‘partial’ or ‘informal.’ There is frequent overlap between the executive and the legislature, as government ministers are required to be members of Parliament, and the Cabinet is drawn from both the House of Commons and the House of Lords.

Key Term: executive
The branch of government responsible for implementing and administering law and policy, headed by the Prime Minister, supported by ministers, government departments, and the civil service.

Key Term: legislature
The branch of government tasked with enacting, amending, and repealing laws. In the UK, this comprises the House of Commons (elected), the House of Lords (mainly appointed and hereditary), and the Monarch.

Key Term: judiciary
The branch of government responsible for administering justice by interpreting and applying the law through an independent system of courts.

The separation fosters institutional independence—especially of the judiciary—and is seen as essential for fairness, regulatory legitimacy, and respect for human rights. Since the Constitutional Reform Act 2005, the separation between the judiciary and other branches has been further entrenched by creating the Supreme Court (replacing the House of Lords Appellate Committee) and clarifying the distinct role of the Lord Chancellor.

Structure of Central Government

The Executive

At the apex of the executive stands the Prime Minister, appointed formally by the Monarch but, by convention, usually the leader of the majority party in the House of Commons. The Prime Minister wields significant authority, including:

• appointing government ministers; determining Cabinet composition and chairing its meetings;
• controlling the structure and organisation of government departments;
• overseeing the intelligence and security agencies;
• representing the UK in foreign affairs and international negotiations;
• exercising powers over official appointments and honours;
• acting as Minister for the Civil Service, responsible for setting the strategic direction of the civil service.

The Cabinet consists of senior government ministers heading key departments, such as the Secretary of State for the Home Department or Foreign Affairs. Cabinet government operates on the principle of collective responsibility and coordination, serving as the main decision-making body for government policy and administration. In addition to Cabinet, many junior ministers and parliamentary secretaries support departmental work and respond to specific sectoral needs.

Central government’s administrative apparatus—the civil service and various executive agencies—functions on the principles of permanence, political neutrality, and anonymity, providing advice and implementing governmental policy. The employment and regulation of civil servants is governed by the Constitutional Reform and Governance Act 2010 and enforced through the Civil Service Code, which emphasises standards of impartiality, integrity, and accountability.

Key Term: central government
The institutions of the state responsible for the overall administration of the country, headed by the Prime Minister and Cabinet, and encompassing all ministers, departments, and the civil service.

Ministers, although collectively responsible for the actions of government, retain personal legal accountability for their official acts and departmental administration (see Carltona v Commissioner of Works). They may be sued in their official capacity and are legally subject to the courts, with no immunity from judicial oversight (M v Home Office).

The Legislature

Parliament, as the UK’s supreme law-making institution, has a bicameral structure, incorporating both the House of Commons and House of Lords as well as the Monarch. Its constitutionally entrenched functions include:

• debating and enacting primary legislation (statutes);
• scrutinising and controlling government activity and expenditure;
• questioning ministers and ensuring the transparency of government decisions;
• authorising taxation and public spending (supply and appropriation);
• providing the executive’s personnel (as all ministers must be MPs or peers).

Key Term: Parliament
The sovereign legislative body of the UK, consisting of the House of Commons, the House of Lords, and the Monarch.

Parliamentary procedures for the passage of Bills involve detailed scrutiny at committee and report stages, voting at multiple readings, and final approval by both Houses and the Monarch (royal assent)—though, by constitutional convention, royal assent is always granted. Money Bills concerning taxation or expenditure originate in the House of Commons and, under the Parliament Acts 1911 and 1949, can be passed without the agreement of the House of Lords if necessary. The elective nature of the Commons means it is the primary chamber, exercising dominance over legislation, financial matters, and governmental accountability.

Select committees, made up of backbench MPs, are important in providing detailed examination of government actions, reviewing departmental spending, and reporting findings to Parliament. They possess powers to call for evidence and witnesses and to summon ministers to account for the workings of their departments.

The Judiciary

The judiciary, headed by the President of the Supreme Court and the Lord Chief Justice, is independent from both the executive and the legislature. The UK Supreme Court hears the most significant appeals, interprets legislation, resolves devolution issues, and, through the mechanism of judicial review, upholds the legality of government decisions and protects individual rights.

The independence of the judiciary is protected by statutory and institutional safeguards. Senior judicial appointments are made through an independent process by the Judicial Appointments Commission (for England and Wales) or equivalent bodies in Scotland and Northern Ireland. Judges benefit from security of tenure, immune from arbitrary removal by the government, and are not permitted to serve concurrently in either House of Parliament (as mandated by the Constitutional Reform Act 2005 and House of Commons Disqualification Act 1975).

Key Term: judicial independence
The constitutional principle that enables judges to decide cases impartially, free from interference by government, Parliament, or other outside pressures.

Overlap and Checks Between Branches

While the separation of powers sets ideal boundaries, real-world government in the UK incorporates important overlaps:

• The executive is drawn from the legislature, with ministers almost exclusively being MPs or peers.
• The Prime Minister, while a member of the executive, must retain the confidence of the Commons to govern.
• The Monarch, while central to the legislature, executive, and judiciary, acts by convention on the advice of ministers.

These overlaps are mitigated by an extensive system of checks and balances. The legislature scrutinises the executive’s actions through parliamentary questions, select committee investigations, publication of financial accounts, opposition-day debates, and the annual approval of government bills.

The judiciary, though limited in its ability to challenge primary legislation due to the sovereignty of Parliament, exercises critical control over administrative and executive action through judicial review. The courts examine whether government decisions are made lawfully, for a proper purpose, with respect to individuals’ rights and legitimate expectations, and in accordance with the rules of procedural fairness.

Key Term: parliamentary oversight
The set of mechanisms by which Parliament monitors, scrutinises, and holds the executive to account for its actions and policies, including questioning ministers, select committees, votes, and other procedures.

Parliamentary Oversight

Parliament is equipped with a suite of powers to oversee and challenge executive decisions. These include:

• Oral and written questions: Ministers answer daily in the Commons and weekly in the Lords on matters within their departmental remit, bringing transparency and exposing faults or errors.
• Prime Minister’s Question Time: The Prime Minister is directly questioned on matters of government every week, which can bring to light failings or controversies requiring immediate response.
• Debates and motions: Both Houses debate current issues, proposed legislation, and opposition motions, with votes that can reveal or undermine government support.
• Select Committees: Departmental select committees provide systematic, non-partisan scrutiny of departmental performance, financial management, and policy effectiveness.
• Public Accounts Committee: This committee investigates public expenditure, holding government to account for financial probity and effective management of public funds.
• Votes of confidence: The Commons can remove a government by passing a motion of no confidence, thus exercising the ultimate political control over the executive.

Opposition MPs and the House of Lords play an important role in holding government to account, especially when governments have large Commons majorities. The Lords, though unelected, brings relevant knowledge and can delay—but not ultimately block—public Bills.

Ministerial Responsibility

A central feature of UK government accountability is the principle of ministerial responsibility, divided into two forms:

• Collective responsibility: All ministers must support government policy in public, resigning if they cannot maintain the government’s position. Cabinet deliberations are confidential and, while ministers may express divergent views privately, once a decision is made, agreement is required.
• Individual responsibility: A minister is personally accountable for the proper administration and operation of their department, including the actions of civil servants. Ministers are expected to answer for departmental errors, and, in cases of gross misconduct or significant failure, resignation or dismissal is the constitutional convention.

Key Term: ministerial responsibility
The constitutional obligation upon ministers to account to Parliament for their actions and the actions of their departments, and to uphold both collective agreement and personal integrity in the discharge of official duties.

Collective responsibility has been adapted at times of coalition or political crisis, but remains the constitutional norm. Individual responsibility operates not only for deliberate wrongdoing, but also where managerial lapses impede departmental performance. The distinction between civil servant accountability and ministerial leadership is essential, as ultimate responsibility is borne by the minister answerable to Parliament.

Judicial Review

Judicial review provides a legal mechanism for challenging the lawfulness of the Executive’s decisions, actions, or omissions. The courts supervise government activity on three principal grounds:

• Illegality—acting outside the powers conferred by statute or under the royal prerogative;
• Irrationality—making a decision so unreasonable that no reasonable decision-maker could have made it;
• Procedural impropriety—failing to observe proper procedure or to respect principles of natural justice.

“Ultra vires” actions (i.e., those taken beyond legal authority) are quashed, and courts may also declare secondary legislation void if enacted unlawfully. Judicial review upholds constitutional legality and individual rights and is a fundamental element of the rule of law.

Key Term: judicial review
The process by which courts can assess whether a public authority, including the government, has acted within its legal powers and in accordance with public law principles.

The Human Rights Act 1998 has extended the purview of judicial review, enabling courts to issue declarations of incompatibility if an Act of Parliament cannot be interpreted consistently with Convention rights. Nevertheless, such declarations do not void the statute; rather, they invite Parliament to reconsider and, if appropriate, amend the law.

Accountability in Practice

Accountability ensures that no arm of central government exercises power arbitrarily or without scrutiny. It is enforced through a combination of legal, political, and procedural mechanisms, ensuring governmental actions are subject to redress, revision, and, where necessary, sanction.

• Parliamentary scrutiny (questions, debates, select committees) ensures continuous oversight.
• Ministerial responsibility (resignations, explanations, corrective action) guarantees that those in leadership are answerable for both acts and omissions.
• Judicial review (court-ordered remedies, quashing orders, declarations) maintains legal limits and protects individual rights and freedoms.
• Administrative law and the operation of the ombudsman, as well as Freedom of Information legislation, facilitate greater transparency and redress for administrative failures.

Through these methods, central government remains accountable to Parliament, the courts, and, ultimately, the electorate.

Worked Example 1.1

A Cabinet minister is found to have misled Parliament about the use of public funds in their department. What is the constitutional expectation?

Answer:
The minister is expected to accept individual ministerial responsibility and resign. Parliament may also scrutinise the department’s actions through select committees, and the Prime Minister can request resignation. If the conduct involves dishonesty, the matter may also be referred to the Parliamentary Commissioner for Standards or relevant authorities.

Worked Example 1.2

The government introduces a policy without statutory authority, and a citizen challenges it in court. What is the likely outcome?

Answer:
The court may find the government acted ultra vires (beyond its legal powers) and quash the policy through judicial review. The government would be required to act within the boundaries of its statutory or prerogative powers, and continued infringement could result in a mandatory order or injunction against further action.

The Role of Conventions and Statutes

A defining feature of the UK constitution is the necessary interplay of authoritative statutes and constitutional conventions. Many core practices are governed not by law but by longstanding convention—unwritten rules that command respect and are habitually followed. Notable examples include:

• The Monarch appoints as Prime Minister the individual most likely to command the confidence of the Commons, acting solely on ministerial advice.
• The Monarch always gives royal assent to Bills passed by Parliament.
• Ministers resign if they lose a vote of confidence or commit a grave breach of ministerial conduct.

These conventions fill gaps left by statute, ensuring government operates with legitimacy, continuity, and flexibility. The Ministerial Code, maintained by the Prime Minister, codifies key expectations but has no legal force. The conventions are not enforced by the courts but by the political process and public opinion, with the ultimate sanction being resignation or loss of office.

Key Term: constitutional convention
An unwritten rule or principle that, though not legally enforceable, is regarded as binding by those to whom it applies, ensuring the legitimacy of governmental conduct.

Statutes, increasingly explicit since the late twentieth century, shore up and clarify the constitutional structure. The Constitutional Reform Act 2005 entrenched judicial independence by creating the Supreme Court and restricting political influence over judicial appointments. Legislative checks and procedures for amending statutes remain subject to Parliament’s sovereignty; thus, statutes and conventions coexist and interact.

Parliamentary Sovereignty and Government Accountability

Parliamentary sovereignty means that Parliament is the supreme legal authority in the UK, able to enact, amend, or repeal any law. Its supremacy is not limited by any written constitution. In practice, however, the government must answer to Parliament for its actions, act within statutory limits, and abide by the rule of law. Parliamentary sovereignty is balanced by political and legal accountability; although courts cannot strike down primary legislation, they can scrutinise and quash executive acts, secondary legislation, and administrative decisions that are unlawful.

Major constitutional statutes—such as the Human Rights Act 1998 and the European Union (Withdrawal) Act 2018—have placed new limitations on government action and extended grounds for judicial review, but the primary principle remains: government is accountable to Parliament and, through Parliament, to the people.

Revision Tip

Throughout these topics, ensure you can explain how the branches of government provide checks upon each other, the mechanisms of scrutiny and accountability, and how legal and political responsibility interact in practice. Use real or hypothetical scenarios to illustrate when ministerial responsibility, parliamentary control, or judicial review would be engaged.

Key Point Checklist

This article has covered the following key knowledge points:

• The UK central government is structured around the separation of powers between the executive, legislature, and judiciary.
• The branches of government perform distinct functions: the executive implements law and policy, the legislature enacts law and scrutinises government, and the judiciary independently interprets and applies the law.
• The relationship between executive and legislature is characterised by overlap, managed by conventions, statutes (e.g., House of Commons Disqualification Act 1975), and procedural requirements.
• Ministerial responsibility—both collective and individual—is the basis of political accountability.
• Parliamentary oversight is exercised through questions, debates, select committees, financial controls, and confidence motions.
• Judicial review ensures the executive acts within the law and safeguards individual rights.
• Conventions and statutes, such as the Constitutional Reform Act 2005 and the Ministerial Code, clarify and underpin the relationships between branches.
• Parliamentary sovereignty grants Parliament the ultimate power to make law but does not exempt the government from the requirement to answer for its actions in law and to Parliament.

Key Terms and Concepts

• separation of powers
• executive
• legislature
• judiciary
• central government
• Parliament
• judicial independence
• constitutional convention
• parliamentary oversight
• ministerial responsibility
• judicial review