Central government and accountability - Structure of central government

Learning Outcomes

After studying this article, you will be able to explain the structure of the UK’s central government, describe the separation of powers between the executive, legislature, and judiciary, and identify the main mechanisms of accountability. You will also be able to apply these principles to realistic SQE1 scenarios, including questions about ministerial responsibility, parliamentary scrutiny, and the role of judicial review in holding government to account.

SQE1 Syllabus

For SQE1, you are required to understand the structure and accountability of central government. As you revise, focus on:

  • the separation of powers between the executive, legislature, and judiciary
  • the composition and functions of each branch of central government
  • the principles of ministerial responsibility (collective and individual)
  • mechanisms of parliamentary oversight and scrutiny
  • the role of judicial review in ensuring government accountability

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 United Kingdom’s central government is organised around the principle of the separation of powers, dividing authority among the executive, legislature, and judiciary. This structure is designed to prevent the concentration of power and to ensure that each branch is accountable for its actions. Accountability is achieved through a combination of statutory rules, constitutional conventions, and judicial oversight.

The Separation of Powers

The separation of powers is a constitutional principle that allocates government authority among three distinct branches:

  • The executive (government)
  • The legislature (Parliament)
  • The judiciary (courts)

Key Term: separation of powers
The separation of powers is the division of government functions and authority among the executive, legislature, and judiciary to prevent excessive concentration of power.

Each branch has its own core functions:

  • The executive implements and administers the law.
  • The legislature enacts new laws and scrutinises government policy.
  • The judiciary interprets and applies the law independently.

In the UK, the separation is not absolute. There is significant overlap, especially between the executive and the legislature, as most government ministers are also Members of Parliament.

Key Term: executive
The executive is the branch of government responsible for implementing laws and managing the day-to-day administration of the state.

Key Term: legislature
The legislature is the law-making branch of government, comprising the House of Commons, House of Lords, and the Monarch.

Key Term: judiciary
The judiciary is the branch of government responsible for interpreting and applying the law through the courts.

Structure of Central Government

The Executive

The executive is headed by the Prime Minister and the Cabinet. Cabinet ministers are usually drawn from the House of Commons, with some from the House of Lords. The executive is supported by government departments, each led by a Secretary of State, and by the civil service, which provides impartial advice and implements government policy.

The Prime Minister is the head of government, responsible for leading the Cabinet, setting government policy, and representing the UK internationally. Cabinet ministers are collectively responsible for major government decisions.

The Legislature

Parliament consists of the House of Commons (elected MPs), the House of Lords (mainly appointed members), and the Monarch. Parliament’s main functions are to pass legislation, scrutinise government policy, approve government spending, and hold the executive to account.

Most government ministers are also MPs, which means the executive is drawn from the legislature. This overlap is a defining feature of the UK’s system and is managed through conventions and statutory limits (such as the maximum number of ministers who may sit in the Commons).

The Judiciary

The judiciary is independent from the executive and legislature. Senior judges are appointed through an independent process, and judicial independence is protected by law. The Supreme Court is the highest court in the UK, hearing appeals on important points of law and ensuring that government acts within the law.

Overlap and Checks Between Branches

While the separation of powers is a guiding principle, the UK constitution allows for overlap, particularly between the executive and legislature. This overlap is balanced by mechanisms that ensure accountability and prevent abuse of power.

Parliamentary Oversight

Parliament holds the government to account through:

  • Question times, where ministers must answer MPs’ questions
  • Debates on government policy and proposed legislation
  • Select committees, which scrutinise the work of government departments
  • The power to reject government bills or force ministerial resignations

Key Term: parliamentary oversight
Parliamentary oversight refers to the processes by which Parliament examines and scrutinises the actions and policies of the executive.

Ministerial Responsibility

Ministers are accountable to Parliament for their actions and those of their departments. There are two forms:

  • Collective responsibility: Cabinet ministers must support government decisions publicly, even if they disagreed privately. If a minister cannot support a decision, they are expected to resign.
  • Individual responsibility: Ministers are responsible for the actions and failures of their own departments, including those of civil servants.

Key Term: ministerial responsibility
Ministerial responsibility is the constitutional principle that ministers are accountable to Parliament for their personal conduct and the conduct of their departments.

Judicial Review

Judicial review is a process by which the courts examine the lawfulness of decisions or actions taken by public bodies, including the executive. It ensures that government acts within the law and respects individual rights.

Key Term: judicial review
Judicial review is the process by which courts assess the legality of actions or decisions made by public authorities.

Accountability in Practice

Accountability means that those in power must answer for their actions and can be sanctioned if they act improperly. In the UK, accountability is achieved through:

  • Parliamentary scrutiny and the possibility of votes of no confidence
  • Ministerial resignations for personal or departmental failures
  • Judicial review of unlawful or unreasonable government actions

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 responsibility and resign. Parliament may also scrutinise the department’s actions through select committees.

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 Role of Conventions and Statutes

Many aspects of central government structure and accountability are governed by constitutional conventions—established practices that are not legally enforceable but are followed as a matter of political necessity. For example, the Monarch always acts on the advice of the Prime Minister, and ministers resign if they lose the confidence of the House of Commons.

Statutes such as the Constitutional Reform Act 2005 have clarified the separation of powers and strengthened judicial independence. The Act established the Supreme Court and reformed the office of Lord Chancellor to remove overlap between the executive, legislature, and judiciary.

Parliamentary Sovereignty and Government Accountability

Parliamentary sovereignty means that Parliament can make or unmake any law. However, the government must act within the law and is accountable to Parliament for its actions. The courts cannot strike down Acts of Parliament, but they can review the lawfulness of government actions and secondary legislation.

Revision Tip

When revising this topic, focus on how the separation of powers and accountability mechanisms operate in practice. Be able to explain the difference between collective and individual ministerial responsibility, and give examples of parliamentary scrutiny.

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 executive (Prime Minister, Cabinet, civil service) implements laws and manages government policy.
  • The legislature (Parliament) enacts laws, scrutinises government, and approves spending.
  • The judiciary interprets and applies the law independently, providing a check on government power.
  • There is significant overlap between the executive and legislature, managed by conventions and statutory limits.
  • Accountability is achieved through ministerial responsibility, parliamentary oversight, and judicial review.
  • Conventions and statutes (such as the Constitutional Reform Act 2005) clarify the roles and relationships between branches.
  • Parliamentary sovereignty means Parliament can make any law, but government must act within the law and answer to Parliament.

Key Terms and Concepts

  • separation of powers
  • executive
  • legislature
  • judiciary
  • parliamentary oversight
  • ministerial responsibility
  • judicial review
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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