Executive Flashcards
Government arrangements
Coalition; or Support agreement (rely on party outside govt. to vote on matters of confidence)
Governor General
NZ’s head of state, appointed by the prime minster by way of convention
On paper has large powers derived from the letters patent but in reality, these are limited by convention
Her real power lies with who has the confidence of the house / PM
Prime Minister
PM leads cabinet and executive government
PM appointed by GG based on what party has confidence of HOR (example of a constitutional convention)
All of their authority is rooted in convention rather than statute
Ministers
GG acts on advice of PM who instruct her who to appoint as ministers but they must first be MP’s
Ministers are responsible for a portfolio eg- finance.
Cabinet
Members decided by PM
Key decision-making body of the executive branch, it is the most powerful body in the executive branch.
Gets to essentially direct the HOR and what they do in most circumstances since govt had majority.
Exists by convention- and rules devised by itself codified in cabinet manual, not enforceable in courts as soft law.
Example of a breach of convention
Hipkins while acting in a caretaker capacity before the incoming National led government called for a cease fire in Gaza. Caretaker PM’s are expected by convention not to undertake new policy initiatives
Constitutional Conventions
Not rules in law, rather universally accepted rules of constitutional practice. Reflect what everyone thinks is the right thing to do
* Customs, habits, practices
Cabinet manual
Determines how cabinet operates
No legal standing - soft law instrument
Cabinet rules
Collective responsibility (everyone must abide by decisions)
Confidentiality
Unanimity (agreement by all expect for confidence/supply)
Example of conventions
GG will appoint the govt. with the confidence of the house
After an election, if the result is uncertain or when a government is unable to command a majority, a caretaker convention applies
assent for bills into laws is given by GG on advice of parliament
why are constitutional conventions followed
Because they are best practices that govt. actors believe should be adhered to due to the important constitutional principles they represent
They ensure smooth operation of govt.
Breaking a convention can lead to significant political consequences and criticisms
Cases on rule of law
Entick v Carrington
Webster v Police
Fitzgerald v Muldoon
unlawful search case
Entick v Carrington [1765 UK]
Earl (like a minister) issued warrant to search E’s house and seize proof.- no evidence was found in house
Public power can only be used lawfully
meth kid case
Webster v Police
W fighting his meth addicted son and called police for help. Police arrived and argument broke out between W and police. Police entered W’s property despite being asked not to. W pushed them away he was charged with obstructing an officer
Power of state can only be exercised lawfully so he could not be convicted of assault
changing of laws unlawfully case
Fitzgerald v Muldoon
Muldoon defeated the incumbent labour party in election. His campaign promised to end compulsory superannuation scheme.
3 days after being sworn in he issued press release telling people to stop making contributions and that they would NOT be prosecuted if they did so.
Executive branch cannot tell the public to treat laws as suspended - only parliament can
What is the public sector
Made up of organisations that administer and provide a wide range of services that touch almost every aspect of New Zealanders lives. Desire of workers in the public sector to keep Ministers happy may make them yes people.
