Chapter 4 : Roles and Powers of the Executive

Question 1

Executive

Answer 1

The branch of government which carries out the law and makes policy on how law will be implemented. It is created by Chapter 2 of the Constitution but mostly governed by Westminster Conventions. In Westminster system it is indirectly elected and formed in the directly elected lower House.

Question 2

Components of the Executive

Answer 2

Executive branch includes the Queen, the Governor-General, the Prime Minister and Cabinet and the wider Ministry. Includes public service and agencies tasked with the day-to-day implementation of the laws.

Question 3

Formal/Constitutional Executive

Answer 3

Created by s61. Vests executive power in the Queen and, the Governor-General.

Question 4

s61

Answer 4

Vests the executive power of the Commonwealth of Australia in the Queen and her appointed representative in Australia, the Governor-General.

Question 5

Political Executive

Answer 5

Comprised of the Prime Minister, Cabinet and Senior Ministers as well as the outer Ministry.

Question 6

Minister

Answer 6

A member of the executive arm of Government. Ministers have responsibility for a particular area of government activity such as health, or education which are referred to as a ‘portfolio’. s64 requires Ministers to be members of parliament.

Question 7

Prime Minister

Answer 7

The head of the federal executive (The government). The leader of the majority in the HOR and the leader of the party forming government. Position is entirely governed by convention. Commissioned under s64.

Question 8

Roles of Ministers

Answer 8

• To manage a portfolio: This means they are responsible for a department of the public service.
• To participate in Cabinet meetings and deliberations of policy development, plan political strategy, deal with crises and help maintain the narrative of the Government.
• Publicly support Cabinet decisions, even when they disagree with them
• Answer to parliament under the conventions of individual ministerial responsibility for personal probity, political integrity and management of portfolio

Question 9

Powers of Ministers

Answer 9

To administer a portfolio

Question 10

Cabinet

Answer 10

A committee of the executive comprising the Prime Minister and Senior Ministers. I is entirely governed by convention and has no legal or constitutional authority. Despite this, it is the most powerful institution in the system of government.

Question 11

Cabinet Solidarity

Answer 11

A Westminster Convention that the Cabinet presents a united government. All ministers are bound by the convention to publicly support the cabinet’s position on all issues. If a minister cannot publicly support cabinet they are required, by convention, to resign.

Question 12

Cabinet Secrecy

Answer 12

A Westminster Convention that the deliberations and discussions of cabinet should be out of public view. It allows robust and frank discussion within cabinet. It also allows cabinet to reach a single position and present a united government.

Question 13

Cabinet as Responsible Government

Answer 13

s64 requires ministers to be member of parliament (or become members within three months). This stipulation ensures that ministers are drawn from and accountable to parliament.

Question 14

Methods leading to cabinet decisions

Answer 14

• Consensus (all members agree)
• Majority (most members agree)
• PM authority (PM, as leader of the government, imposes his will on the Cabinet)
• Party Room pressure (the wiser governing party’s parliamentary members apply pressure to their own senior members or leader to obtain a decision they prefer

Question 15

Front Bench

Answer 15

The term used to describe the government ministers and the opposition shadow ministry. They occupy the front benches on either side of the central table in the HOR and Senate.

Question 16

Back Bencher

Answer 16

A member of parliament who is not in cabinet or the ministry (the gov front bench), or a member of the opposition shadow front bench.

Question 17

Argument for Cabinet Secrecy

Answer 17

• Government must. speak with one coherent voice
• Secrecy creates a safe space for Ministers to present their best arguments without fear of media retaliation
• Process enables Cabinet to come to its best decision

Question 18

Cabinet Committee

Answer 18

An executive committee composed of a selection of cabinet ministers such as the National Security Committee of Cabinet.

Question 19

Role of the Prime Minister

Answer 19

• Key spokesperson for Australia
• Head of Cabinet
• Leader of the Government
• Governed by constitutional convention

Question 20

Powers of the Prime Minister

Answer 20

• Being responsible for the membership of the Cabinet and Cabinet committees, determines and regulates all Cabinet arrangements.
• Advising the GG on the appointment of ministers (including allocating portfolios) and determines which ministers will form Cabinet.
• Assists with the appointments of Judges, diplomats and public servants
• As chair of the Cabinet, the PM leads and guides discussion to achieve a collective response (PM has finally authority)

Question 21

Sources of Prime Minister’s power

Answer 21

• Being the leader of the majority party in the HOR
• Being the chairperson of Cabinet meetings
• Access to information
• Patronage
• Determining the election date
• Being the public face of government

Question 22

Limitations of Prime Minister’s power

Answer 22

• Not having a personal mandate
• Lack of solidarity and unity in Cabinet
• Having rivals within Cabinet or the Parliamentary Party
• The constraints imposed by their own party
• The constraints imposed by a coalition party
• Federalism
• The size and nature of the House majority
• Negative media and polling
• Minority Government

Question 23

Westminster Chain of Accountability

Answer 23

The links between the people and those who execute the laws that govern them.

Question 24

Links in the Chain of Accountability

Answer 24

1. People directly elect a Parliament in a general election
2. The HOR chooses a government who then form Cabinet (government technically indirectly elected)
3. These Cabinet ministers head their appointed governments and provide policy direction
4. Government departments implement policy under their Minister’s direction and provide advice to the Minister
5. The Parliament, representing the people, holds the Ministers accountable for their administration of government

Question 25

Roles of the Cabinet

Answer 25

• To develop and communicate the narrative vision of government
• To develop and implement policies
• To coordinate the machinery of government
• To act as an information exchange
• To respond to crises

Question 26

Factors affecting the functioning of the Cabinet

Answer 26

• Personality and leadership style of the Prime Minister
• Relationships between Ministers
• Timing
• Nature of the Cabinet