Ch 5: Power and the Executive Flashcards

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1
Q

What is the traditional definition of the executive and what does it suggest?

A

definition:it is the administrative arm of govt. whose role is to ensure that the legislative and policy intentions of parliament are given practical effect

  • this suggests that the executive is both apolitical and only focused on organisational issues
  • in reality, the executive is the policy making centre of govt. as it formulates all legislation as well as adirecting the administrative process
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2
Q

Define the different types of executive

A

Constitutional executive

  • the GG in Council, the only body directly given executive authority by the Constitution
  • Federal Executive Council (FEC): body consisting of the GG or G, and govt. minister. The FEC advises the GG and formally approves decisions made by parliament or Cabinet. Roles include-authorising treaties and making proclamations or declaring ordinances under Acts of the Federal Parliament

Political executive

  • Prime Minister and the executive (cabinet), where real cabinet power lies

Administrative executive

  • influence wielded by the Public Service and political advisors, as well as police forces, DoPP, special investigative bodies i.e. Royal Commission
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3
Q

What are the Westminster conventions surronding the executive?

A

under the Westminster system, the poltiical executive is a part of the legislature, a significant role of the parliament is to check on the executive

  • PM + Treasurer are members of the lower house
  • GG acts on advice of PM and Cabinet
  • executive is collectively responsible to the lower house - therefore it can be chosen/dismissed by the HoR
  • ministers are collectively responsible for cabinet decisions - cabinet decisions are made in private and all minsiters are publicly loyal to them
  • ministers are individually accountable to the lower house for their own probity and proprierty and will resign on a vote of no-confidence. This requires that ministers must not mislead the HoR, be personally or politically corrupt, or morally unsuitable for office and that they are accountable for the actions of their departments
  • public servants are politically neutral and provide confidential advice
  • ministers are accountable in parliament for the actions of public servants that report to them
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4
Q

What is the definition of cabinet and outer ministry?

A

cabinet: committee of senior ministers selected from the party(s) that enjoys majority support in the HoR, also known as inner ministry. It is directly responsible for the formation an implementation of govt. policy, the generation of legislative proposals and the administration of govt. departments

outer ministry: comprising of the ministers who have ministerial style responsibility and support more senior ministers

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5
Q

What are the key roles of cabinet?

A
  • authorise all govt. business, including proposing new laws or amendments to existing laws
  • share information between ministers
  • settle disputes between public service departments and between ministers
  • set overall govt. policy and direction
  • allocate financial resources
  • handle crisis issues
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6
Q

How is the Australian tradition of strong executive govt. created?

A
  • cabinet power
  • party discipline
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7
Q

What are the reasons for continuing importance of Cabinet?

A
  • the need for a PM to include representatives of STates and party factions in a wider cabinet
  • an egalitarian tradition of politics that limits the authority of leaders
  • the need for Aus. PMs to maintain the support of the other elected members of their party who choose them and can replace them - contrast to the UK and Canada where the major party leaders (+ therefore the PM) are elected through a ballot of ordinary party members
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8
Q

What are the results of party dominated politics?

A
  • elections are essentially a battle between the major parties for control of parliament
  • party discipline virtually ensures that any govt. decision made in cabinet will gain majority support, at least in the HoR
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9
Q

What are the most important sources of prime ministerial power?

A
  • PM’s role as parliamentary leader of the political party that forms the federal govt.
  • his/her position as chair of cabinet

it has been suggested, on the basis of this that Aus has a prime ministerial govt., not a parliamentary govt.

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10
Q

What are the major sources of prime ministerial power?

A
  • the ability to select and dismiss ministers
  • power to determine the processes of cabinet
  • impact of party discipline, particularly in HoR
  • administrative expertise and superior advice provided by the Public Service and by political advisors
  • control over the administration of govt. (including ability to call an election)
  • media focus on PM especially in election campaign
  • powers of political patronage
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11
Q

How do the different poltiical parties select cabinet?

A

there were significant differences between Labor and Coalition govts. in their approaches to the formation of the ministry and cabinet

Coalition

  • always selected their own ministerial team, allocated portfolios and determined who will be in cabinet.
  • they are constrained by Coalition agreements and possibly by the need to select ministers from all states

ALP

  • the parliamentary caucus typically elected no only the PM but also the entire ministry, leaving only the allocation of portfolios to the PM. IN 1983, PM Hawke created the first ALP Cabinet, prior to that the ALP did not use an inner ministry or cabinet

In contemporary Australian politics, both Liberal and Labor PMs have significant power over the selection of ministers and cabinet

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12
Q

How does cabinet selection give prime ministerial power?

A
  • the selection of cabinet and the full ministry enables a PM to surrond themselves with a ‘handpicked’ loyal team i.e. this can be seen strongly in the Howard cabinet
  • disunity and public ministerial disputes weaken PM’s leadership and power, this occurred especially during prior ALP leaderships
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13
Q

How does control over cabinet generate PM power?

A
  • the ability of a PM to control the operations of cabinet is also a major source of their power. A strong PM can dominae cabinet as they set its agenda, chairs both cabinet and vital cabinet sub-committees and determines the outcome of cabinet debate. In general, the PM can determine cabinet outcomes as cabinet rarely voted on an issue but rather reaches a consensus led by the PM. Along with cabinet solidarity, this contributes to PM power
  • operation of cabinet: cabinet meetings run to a strict agenda that is authorised by the PM and prepared by the cabinet office (part of the department of PM and cabinet)
  • cabinet sub-committees: reinforce PM power as the PM or a close cabinet colleague chair these meetings. Agenda items have approval of the PM and are almost always approved
  • collective responsibilty: this convention means that the PM has the benefits of cabinet solidarity both publicly and in party room or caucus meetings. Some PMs make major decisions alone or after consulting only a few cabinet supporters (kitchen cabinet) i.e. Rudd’s Strategic Priorities and Budget Cabinet sub-committee was able to make quick decisions during the 2008 GFC
  • superior expertise: the PM is the only cabinet member filly informed on all issues and receive advice from the DPMC and numerous poltiical advisors
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14
Q

How do elections and backbench loyalty garner PM power?

A
  • elections: backbenchers realise that their ability to win elections and hold their seats is more dpendent on the performance of the PM than a result of their own abilities so they often ‘follow the leader’. The PM’s power is also reinforced by their ability to determine the date of elections
  • media: the PM is the primary focus of the media and also of voters during elections . A PM is unlikely to be publicly opposed before an election but is almost certain to be depose immediately after an election if they lose or if they see potential to lose in the polls
  • patronage: to gain promotion, ambitious parliamentarians must win and gain the PM’s support. To reward supporters and ‘move on’ liabilities, appointments to boards, commissions and ambasadorships can occur
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15
Q

How does personality and style affect PM power?

A
  • elections and individual PMs: PM power is affected by historical power circumstances and by the personality and style of them
  • impact of personality: different persoanlity and leadership styles can contribute to/undermine a PM’s power
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16
Q

What are the main limitations to prime ministerial power?

A
  • cabinet and potential rivals
  • political parties
  • federal parliament, especially the senate
  • GG
  • High Court
  • the states
17
Q

How do ministers, the party room and parliament limit PM power?

A
  • challenges from within cabinet: disunity in cabinet can occur when there is a coalition where ministers need to responds to their different constitutents of party membership, ministers may be members of different factions with different policy objectives and there are always party rivals and cabinet colleagues willing to exploit signs of weakness
  • challenges from the party room: neither major parties’leaders have unquestioned authority within their own party and caucus can exert significant influence. The appearance of unity affects the electibility of a govt. - thus public dissent by party members can be very damaging to the leadership of a PM
  • the PM’s parliamentary performance: a PM’s performance in the HoR can influence their power i.e. during Question Time
18
Q

What is the impact of federalism on prime ministerial power?

A
  • senate: was given strong powers to protect the states from central authority so modern govt. and PMs must be prepared to make compromises and to accept setbacks if as is typical. They do not control the senate
  • state governments
  • high court: can find federal legislation unconstitutional
  • GG: see 1975 dismissal
19
Q

How are the PM and GG accountable?

A
  • the GG and PM are each accountable to each other, the PM can instate and discuss a GG upon advice to the Queen and the GG can do the same using their powers in the Constitution
  • GG is accountable to the Monarch though this does not apply inversely
  • the Australian people expect the GG to be in some way accountable to them
  • the underlying cause of a GG’s resignation/removal may be pressure from the media and the Australian people
20
Q

What is the definition of the opposition?

A

the second largest party in the lower hosue of a parliament. They function as a ‘devil’s advocate’ by highlighting alternatives to specific govt. intitativrs, scrutinse govt. bills and adminstration and develop alternative policies

21
Q

What is the role of the opposition leader?

A
  • chair weekly party meetings
  • lead the development of party policy
  • select opp. MHRs and Senators to be shadow ministers
  • act as the chief spokesperson for the party inside and outside
22
Q

What is the role of the shadow cabinet?

A
  • alternative govt - the leader must ensure the opp.presents consistent alternative policies
  • training ground for leaders and ministers - experience in shadow cabinet helps future ministers create a public profile and develop policy expertise. However, these opp. roles do not train them as administrators, one of the most important roles they will have in govt.
23
Q

What is the significance of the opposition?

A
  • HoR: opp. members have a right to equal speaking time in parliamentary debates, can formally respond to govt. statements, utilise question time, motions of no confidence against the govt. However the govt. majority in the HoR means that their tactics do not create any immediate change
  • senate: the opp. may have more impact by teaming up with the minor parties and independents that generally hold the balance of power. It can make use of debate and committee inquiries and sometimes block bills i.e. 1975 supply bills. A popular govt. may call a double dissolution electionin response to this
  • public opinion: an effective opp. must get the attention of the electorate via media and community attention but must not appear too negative by opposing every govt action and overpromise and underdeliver