Prime Minister & the Cabinet

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There have been criticisms concerning the amount of power that the British Prime Minister (Premier) possesses. Most of these criticisms are regarding the fact that the British system of government seems to be departing from a Cabinet government; whereby collective responsibility prevails. However the pattern, in which recent significant Premiers such as Margret Thatcher and Tony Blair have wielded power and authority, has fuelled suggestions that the so called Cabinet government is veering towards a Prime Ministerial government. In the British system of government the executive; including the cabinet, cabinet committees, Prime Minister’s office, and the cabinet office, are the head of the government and therefore in charge of the functions of the state.

On the other hand is Parliament the legislature and the courts and judges (judiciary). However because the Prime Minister is the head of the cabinet; which in turn is positioned at the head of the government, and he/she is also the leader of the majority party in the House of Commons, there have been suggestions that power, could indirectly manifest in the hands of one individual. This has paved the way for arguments that the Prime Ministers Powers are beyond constraints; therefore making his/her position the most powerful political office in the democratic society. Although the fact still remains that the British system of government is based on collective responsibility, provided by a collective executive, and  even a strong force such as Margret Thatcher could not escape this reality when she lost the support of her cabinet and the majority of the parliamentary party; which consequently lead to her resignation, [Jones 1995: 87. cited in Leech, R., Coxall, B., & Lynton, R., British Politics 2006] This paper will examine the effectiveness of the judiciary, executive and legislature, in regards to constraining the power of the Prime Minister, and whether these constraints actually keep the PM in line, regardless of his/her role as head of the government and leader of the legislature.

In most democratic countries the separation of power means that the legislature, the judiciary and the executive are kept separate from each other and function independently, therefore the judiciary and the legislature have a duty to regulate the executive to ensure stability in how power is being exercised, by the head of the government. However this principle is not quite clear in the British system because the Prime Minister is the head of the executive as well as the head of the majority party in the House of Commons (legislature). It could be suggested that the reason why the position of the PM as the head of the government is constantly under scrutiny, is as a result of the fact that the British system of government lacks a single written constitution that lays down a significant amount of limitations to the powers the PM possesses; as opposed to the USA, whereby the American Constitution provides checks and balances to avoid a fusion of powers; such as a legislature, having a position in the judiciary as well executive, in order to prevent any part of the government acquiring too much power, Leech, R., Coxall, B., & Lynton, R. [2006] p.167. 

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In recent years significant events regarding the Prime Ministers powers, have caused commentators to refer to the British system of government as a Prime Ministerial government rather than a Cabinet government. The British Prime Minister is not only the head of the government, but is also the effective head of the majority party in the House of Commons. This means he plays a major role in the outcome of the decisions made by these two government functions. As national leader the Prime ministers responsibilities include setting up his/her own government which he/she will be required to lead and ...

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