The Executive in the Constitution
Structure, Autonomy, and Internal Control
Terence Daintith and Alan Page
Table of Contents
1 The executive in the constitution
I Introduction
II Why is the executive important?
III Why is the executive neglected?
IV Positive constitutional theory
V The executive in a resource-based theory of the constitution
2 The executive in constitutional law
I Introduction
II The Crown
III The ministerial department
IV Hollowing out the department
V The cabinet and ministry
VI Conclusion
3 The civil service
I Introduction
II The legal basis of control
III The organisation of control
IV Recruitment
V Conduct and discipline
VI Conclusions
4 The financial resources of the government: institutions
I Introduction: the constitutional dimension
II The constitutional structure
III The institutions of the executive
5 The financial resources of government: allocation and appropriation
I Introduction: a plurality of systems
II The Public Expenditure Survey system
III The Supply system
IV Resource accounting and budgeting
6 The financial resources of government: monitoring and control
I In general: criteria, constraints, concepts
II Treasury authorisations and delegations
III Cash control
IV Control and sanctions
7 The organisation of the legal function in government
I Introduction
II The development of the structure for government legal work
III The current structure of legal services
IV The Law Officers: history and status
8 Legislation
I Introduction
II Machinery and purposes
III The impact of Europe
IV Burdens on Business
V Conclusions
9 Litigation and legal advice: co-ordination and control
I The Law Officers, criminal prosecutions, and civil litigation
II The Law Officers as the governments chief legal advisers
III Cabinet Office co-ordination in legal matters
IV Co-ordination within the framework of the Government Legal Service
10 Executive legality: constitutional background and current issues
I Legality: pluralism and centralisation
II Constitutional roots of our present system
III The changing context
IV Change within the executive
11 Better government: charter standards, open government and good administration
I Introduction
II The Citizens Charter and Service First
III Access to official information
IV External controls on standards of administration
V Conclusion
12 Conclusions: internal control in a plural executive
I Introduction
II Trends in internal control
III Internal control and external controls
IV The constitutional significance of internal control
Bibliography