Judiciary & Executive

This lesson examines the relationship between the judiciary and the executive in UK politics. The judiciary's role in checking executive power through judicial review is one of the most important safeguards in the UK constitutional system. This topic is essential for the Edexcel A-Level Politics specification, particularly questions about the balance of power between the branches of government.

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The Executive and the Law

The executive (the Prime Minister, Cabinet, and government departments) exercises enormous power in the UK political system. The executive:

• Proposes and implements legislation
• Manages public services
• Conducts foreign policy
• Commands the armed forces
• Exercises prerogative powers (powers inherited from the Crown)

However, the executive must act within the law. The rule of law requires that every action of the government must have a legal basis — either in statute (an Act of Parliament) or in the royal prerogative. If the government acts without legal authority, its actions are ultra vires and can be struck down by the courts.

Key Term: The executive must always act within its legal powers. Judicial review is the mechanism by which the courts enforce this requirement.

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