Circulars from central government departments and their interpretation and enforcement by administrative bodies

Abstract

An examination of the formulation, interpretation and implementation of central government correspondence addressed in identical terms to a number of administrative bodies. Circulars are not required to conform to any legal standards regarding their form, content or publication and as a consequence have evolved unsystematically and haphazardly according to changing ideas about central-local relations, reflecting in a flexible manner the overridingly pragmatic style of the departments which issue them.Their initial role of guiding administrative practice while preserving local discretion has been supplemented by a more promotional national policy use. Certain post-war Acts gave important social services functions to local bodies but vested general supervisory duties in the appropriate Minister. Leaving these wide Ministerial responsibilities largely undefined paved the way for detailed policy intervention by the centre. Circulars began to introduce and enforce major policy changes throughout all local authorities. They have also been used to interpret or replace express statutory provisions, to elaborate legislative policy, to sub-delegate statutory powers and to lay down codes and procedures having legal effect. Although not deriving from statutory authority, these circulars must properly be regarded as law-making instruments forming a new third tier of legislation below Statutory Instruments. The legislative and judicial branches have lost effective control over these various policy and law-making functions performed by the executive. The constitutional dilemma is how to restore responsibility and democratic accountability without destroying the many practical advantages which circulars offer to central departments.