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The Executive in the Constitution
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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

About the Author

Terence Daintith is Professor of Law at the Institute of Advanced Legal Studies, at the University of London Alan Page is Professor of Public Law at the University of London

Reviews

`this is a formidable addition to the literature of modern UK government and public administration, written from an unusual and innovative constitutional-legal perspective ... particuarly impressive in its skilful intermixing of historical analysis of traditional principles and a wide-ranging review of the implications of post-1979 public management reforms ... an extraordinary wealth of detail ... a useful and truly impressive book.'
Gavin Drewry, New Institutionalism and Organizational Theory, a Review Article.
`Daintith and Page have presented us with a masterly and illuminating account of the various and significant ways in which the executive plays its part in the working of the constitution and in maintaining and implementing basic constitutional principles. Their book enriches our understanding of the modern constitution and of the place within it of an executive whose role should not any longer be undervalued.'
Colin Turpin The Cambridge Law Journal July 2000 Vol.59 Part 2
`This book will provide a useful reference for those who want to understand the formal mechanism for control on the fragmented Executive.'
Martin J Smith, Govt and Opp.
`a formidable addition to the literature of modern UK government and public administration ... the book contains an extraordinary wealth of detail ... a useful and truly impressive book.'
Gavin Drewry, Public Administration Vol 78 Issue 2
`A wonderful description of current structures, processes, practices and rules which relate to the resources of the executive, its people, money and laws.'
Brian Thompson, Parliamentary Affairs Vol.53 No.2

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