Define: Minister

In a legal context, a minister typically refers to a government official who holds a position of authority within a specific department or ministry, responsible for overseeing and implementing government policies and programs related to a particular area of public administration. Ministers are typically appointed by the head of state or government and may be members of the legislative branch (such as parliament or congress) or the executive branch (such as the president or prime minister’s cabinet). They are entrusted with various duties, including developing legislation, formulating policies, managing budgets, and representing their department or ministry in official capacities. Ministers often play a crucial role in shaping and implementing government initiatives, and their decisions can have significant legal, social, and economic implications.

A minister is any holder of a specific office in the government. Not all MPs, whether of the political party that currently holds office in government or not, will be ministers. Similarly, it is not absolutely necessary that ministers be MPs (but see Constitutional Convention), but most are.

Ministers are of various ‘ranks’, but the responsibilities and status of the ranks are not always clear.

• The prime minister has, of course, the highest status.
• A cabinet minister has the next highest status and is one of the 20 or so most senior officials of the government.
• Full ministers who are not members of the Cabinet and who may have departmental responsibilities.
• Parliamentary secretaries, who may have some administrative responsibilities in a department,.

As an example of the overlap of ranks, the Law Officers of the Crown (see: Law Officer) are considered to be senior appointments of ‘cabinet rank’, but they are not actually cabinet ministers.

The ministerial offices are allocated ‘by the sovereign on the advice of the prime minister’ which means, in effect, that they are in the gift of the prime minister and are therefore political appointments. This applies, controversially, to the office of Lord Chancellor, who is also head of the Judiciary.

Because ministerial posts are created by prerogative there is, in principle, no limit to the creation of new ministerial posts. However, there are statutory limits on the number of MPs, and it is generally desirable that ministers be MPs. In addition, there are statutory restrictions on the payment of salaries to ministers who are members of the House of Commons. This means, indirectly, that some ministers will have to be drawn from the House of Lords.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 11th April, 2024.