Executive Flashcards
What are the constituent elements of the Executive?
- Queen (1, 61)
- G-G (2-4, 61)
- Federal executive council (ss 62-63)
- Ministers of state (2264-66, 84)
- Departments of state (64, 69, 84-85)
What is ‘the Crown’?
Vested with executive power; held by Queen, exercised by here appointed G-G
How are the Governor-General, Ministers of State and Civil Servants appointed?
- Queen appoints g-g (s2)
- g-g appounts ministers of the crown (64)
- g-g establishes departments of state (s 64)
- Ministers administer government departments (s 64)
Responsible Government in the constitution
Ministers of state: G-G acts with advice of federal executive council (s 63) Must hold seats in parliament (s 64), exempt from s 44 (iv)
Taxation and moneys bills: all commonwealth funds are put in a consolidated revenue fund (s 81) which may not be touched without appropriation made by law (s 83). Revenue, money appropriation bills, and taxes may not originate or be amended by the senate (s 53) and cannot pass until recommended by the G-G in the same session (s 56), giving the lower house more control over money making the government responsible to the parliament
Note: s 54 55 allow houses to scrutinise tax bills, and for senate to have same power on other bills
Responsible government conventions?
Governor general appoints a prime minister with the confidence of the house of representatives, and must act on the advice of the PM when appointing members. A PM or government must resign when they lose the confidence of the house or reps.
Not being able to pass a supply bill is not grounds enough to dismiss a PM an dismiss when HC has deemed PM’s actions grossly unlawful and illegal not justifiable by HC (breaching constitution by using funds)
Therefore, if a PM is unable to pass a supply bill, they must resign or seek dismissal for breaching constitution by using funds
Individual member vs Collective cabinet responsible government
Individual: Actions or omissions of the department: waste or negligence, corruption or illegality; Personal failings, misleading parliament, failure of policy or character; Ministerial responsibility, Inform and explain, apologise and remedy, resign
Collective: Government must retain confidence of the lower house of parliament, when confidence lost (vote of no confidence, failure to pass annuity or supply bill) duty to resign, cabinet deliberations must be secret, ministers must publicly support and vote in favor of government measures (or resign)
Legals status of conventions?
Lange v ABC used principles of representative and responsible government to imply a freedom of political speech, meaning that there is a possibility for other conventions to be judicially enforceable
Egan v Willis displayed HC preference to maintain flexible nature of responsible government as convention
What are the reserve rights of the G-G?
- Appointment of PM (s62)
- Dismissal of PM (s 64)
- Dissolution of HR (s 5)
Dissolution of both houses (s 57)
What parliamentary privileges are there?
- 49 - Powers, privileges, and immunities…shall be such as declared by parliament…
- 50 - Each house of parliament may make rules and orders with respect to:
○ Mode in which powers, privileges and immunities may be exercise and upheld
○ The order and conduct of its business and proceedings either separately or jointly with the other house - R v Richards; ex parte Fitzpatrick and Browne
It is for courts to judge the existence of a privilege, for house to judge on the occasion and manner of its exercise
- 50 - Each house of parliament may make rules and orders with respect to:
R v Richards and Parliamentary privileges act
§ R v Richards
□ Two journalists arrested for contempt by spreading allegations that members were trafficking entry permits for refugees
□ As warrants were in general terms and not inconsistent with parliamentary privilege, HC had to accept them as conclusive
§ Parliamentary privileges act to allow judicial review
□ S 6 Warrants had to contain specifics of arrest
□ S 9 Not offence if only on the basis of defamatory or critical speech, if not in presence of house or committee
□ Max penalties; 6 months, $5,000 (person) or $25,000 (corporation) fine
Cannot expel from membership
What other mechanisms exist through which the Executive Government is made accountable and transparent in Queensland? Consider in particular:
a. the parliamentary committee system
b. the regulation of political donations under the Electoral Act 1992
c. the Crime and Corruption Commission (formerly the Crime and Misconduct Commission)
d. the Whistleblowers Protection Act 1994
e. the Right to Information Act 2009
f. the Ombudsman Act 2001
g. the Code of Ethical Standards for Members of the Legislative Assembly
a. the parliamentary committee system -
b. the regulation of political donations under the Electoral Act 1992
c. the Crime and Corruption Commission (formerly the Crime and Misconduct Commission) - Establishes CMC and allows them to deal with official misconduct within the Queensland public sector
d. the Whistleblowers Protection Act 1994 - Promotes public interest by protecting persons who disclose unlawful, negligent or improper conduct affecting the public sector; danger to public health or safety; or danger to the environment
e. the Right to Information Act 2009 - give the public a right of access to information held by government agencies unless, on balance, it is contrary to the public interest to provide the information.
f. the Ombudsman Act 2001 - give people a timely, effective, independent and just way of having administrative actions and decisions investigated.
g. the Code of Ethical Standards for Members of the Legislative Assembly
Re Paterson; ex parte Taylor
○ Lack of specificity, as evidenced by no reference to cabinet or prime minister, allows flexibility of constitution to evolve as a facet of democratic governance
○ Practises and conventions which promote efficient and effective government administration change overtime
