ABSTRACT

The question principally addresses the nature of the relationship between central and local government, within the executive branch of government. Our constitution may be classified as a ‘unitary’ constitution, in the sense that executive power is centralised. Thus if the expression ‘partnership’ is to be used in the sense of organs of State with equal status, then the fact that we have a ‘unitary’ constitution prevents the relationship being attributed as a partnership. It is not uncommon, however, for partnerships to be comprised of bodies which are not

of equal status, but nevertheless operate within the context of fulfilling common aims and objectives. If the relationship between local and central government is to be considered within this context, then some reference must be made to the use of judicial review (principally in the 1980s) to try and resolve differences between the two. Your conclusion to this question, however, will largely be determined by your definition of the term ‘partnership’. If what is meant by this term is ambiguous then you need to say so and identify for the assessor what interpretation you will be placing upon it.