Chapter 4 : Roles and Powers of the Executive Flashcards
Executive
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.
Components of the Executive
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.
Formal/Constitutional Executive
Created by s61. Vests executive power in the Queen and, the Governor-General.
s61
Vests the executive power of the Commonwealth of Australia in the Queen and her appointed representative in Australia, the Governor-General.
Political Executive
Comprised of the Prime Minister, Cabinet and Senior Ministers as well as the outer Ministry.
Minister
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.
Prime Minister
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.
Roles of Ministers
- 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
Powers of Ministers
To administer a portfolio
Cabinet
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.
Cabinet Solidarity
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.
Cabinet Secrecy
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.
Cabinet as Responsible Government
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.
Methods leading to cabinet decisions
- 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
Front Bench
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.
Back Bencher
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.
Argument for Cabinet Secrecy
- 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
Cabinet Committee
An executive committee composed of a selection of cabinet ministers such as the National Security Committee of Cabinet.
Role of the Prime Minister
- Key spokesperson for Australia
- Head of Cabinet
- Leader of the Government
- Governed by constitutional convention
Powers of the Prime Minister
- 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)
Sources of Prime Minister’s power
- 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
Limitations of Prime Minister’s power
- 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
Westminster Chain of Accountability
The links between the people and those who execute the laws that govern them.
Links in the Chain of Accountability
- People directly elect a Parliament in a general election
- The HOR chooses a government who then form Cabinet (government technically indirectly elected)
- These Cabinet ministers head their appointed governments and provide policy direction
- Government departments implement policy under their Minister’s direction and provide advice to the Minister
- The Parliament, representing the people, holds the Ministers accountable for their administration of government
Roles of the Cabinet
- 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
Factors affecting the functioning of the Cabinet
- Personality and leadership style of the Prime Minister
- Relationships between Ministers
- Timing
- Nature of the Cabinet
