EXEC structure Flashcards
1
Q
CONNY CONVENTIONS
www 3 and 3
A
- what
- soft law constraints on exec
- where
- cabinet manual
- how
- define how actors in exec should work
- TO IDENTIFY CON CON
1. precednet - followed multiple times in past
2. sense of obliagtion - actors feel obliged to follow
3. rationale - reaosn behind the rule good e.g. hold conny principles
EXAMPLES
1. caretaker convention - limit power of out going govt
- hipkins ceasefire labour leader not pm
2. resignation of govt - resign if loose confidnce vote
3. appoint of pm and mister - gg appoint pm from HOR, gg appoint minster from PM
2
Q
cabinet
A
- not all mps, elected by pm
- confidential
- creature of convention - cabinnet manual
- if cab man not followed pm punish
- e.g. stewart nash
- cab man is non justisc - COMITY
3
Q
EXEC COUNCIL
A
- all mps
4
Q
minsters
A
- are mps (sep powers)
-responsible for implementing policy in their policy area
5
Q
pm
A
- appoint by gg, when conf of house
- head of govt, leads exec, cheif advsior to gg
- makes govt policy
- public face
- also an mp
6
Q
gg
A
- appionted by pm of behlaf of ministers
- powerful role on paper but is limited by ocnventions, more cermonial
- e.g of this is royal assent is of convention, always given
- neutral + apolitical
- sack ministers on advice of pm
7
Q
publ
piblic service
A
- minsters at the top, minstries below
- apolitcial
- serve govt day and public w free and frank advice
8
Q
cartona principle
A
- allows ministes to delegate power to officials
- decsisons treated as if made by minister
- ## creates ministerial repsonsiblity, min repsonsible for what happns under them
9
Q
rule of law
A
- key constitutional pillar of nz
- exec is bound by law, keep thier power in check
- legal accountabilty exec has to Parl
- judicial indepanace, decsions w/o polictial interferance
10
Q
rule of law cases
A
FEW FEW FEW FEW FEW
entick - serach warrant
webster - trespasser police
fitz v muld - SUPERANNUTAION - cannot suspend laws w/o parl
