Question

does the constitution clarify powers of decision makers

Answer 1

While in most countries the powers of the prime minister are set out in the constitution, i t is comparatively unusual to have the role codified in statute. I n most countries these powers are codified in the constitution or some basic laws and further limits are placed or powers granted in different statutes . These tend to deal with the architecture of government, which affects how the day-to-day job of prime minister is run, but they do not set out what a prime minister will do in his or her day-to-day life. In general the role and powers of the prime minister are guided by the circumstances , and the ability to use prerogative powers can vary even though the constitution doesn’t. There is remarkably little variation across countries in the constitutional prerogatives granted prime ministers – which are often limited – but much greater variation in the effective power over policy - making over time and across countries.

While it might be legally pretty to have some codification of the prime ministers’ powers, the reality is that prime ministers are constrained not so much by the limited powers granted them (the UK prime minister’s prerogative powers may be more extensive) , but by political factors. That is not to say the constitution and statute are unimportant, but when a political actor who has the legal right to make a decision is told by a powerful prime minister to do something, the legal right to say no might come to nothing.

So one can set down rules that decisions must be made in cabinet but in effect they may be merely ratified there.How decisions are actually made will be determined by the most powerful members. One can put in place more formal rules but as high-level government decisions are necessarily made in secret and the relationships between the main actors are unequal it will be difficult to ensure that those rules are followed or have any effect . One could not see a minister take a case against a prime minister for having cabinet discussions leaked to the media. It seems to me that a constitutionally guaranteed role for the senior civil service might be a good place to start.

Answer 2

Answer:

While the powers of the prime minister are generally outlined in the constitution, it is rather uncommon for the position to be codified in law.

These powers are typically established in the constitution or other fundamental laws, and additional restrictions or authority grants are made in various legislation

Explanation:

• While the powers of the prime minister are generally outlined in the constitution, it is rather uncommon for the position to be codified in law.
• These powers are typically established in the constitution or other fundamental laws, and additional restrictions or authority grants are made in various legislation.
• These usually deal with the structure of government, which influences how the prime minister's job is carried out on a daily basis, but they do not specify what a prime minister will accomplish on a daily basis.
• The constitution doesn't specify how the prime minister may exercise his or her prerogative powers, but in general, the situation will dictate the function and authority of the prime minister.
• The sometimes limited constitutional prerogatives given to prime ministers vary very little between nations, but the actual authority over policymaking varies significantly through time and between nations.
• Although some codification of the powers of the prime minister may look good on paper (the UK prime minister's prerogative powers may be more substantial), in practise, the prime ministers are more restrained by political circumstances than by the limited powers that are given to them.
• That is not to suggest that the constitution and legislation are meaningless, but when a political actor who has the legal authority to decide is ordered to do something by a strong prime minister, the ability to say no may be rendered null and void.
• Therefore, rules stating that decisions must be made in cabinet may only be ratified there in actuality.
• The most influential members will decide how decisions are actually made. More formal standards can be established, but it will be challenging to ensure that they are obeyed or have any impact because high-level government decisions must necessarily be made in secret and because the connections between the key players are uneven.
• It was difficult to see a minister bringing charges against the prime minister for allowing media access to cabinet meetings. A position for the senior civil service that is guaranteed by the constitution sounds like a decent place to start, in my opinion.

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