executive - convention Flashcards

1
Q

what are conventions

A

soft law constraints on the executive

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2
Q

the convention do not have the same force as

A

hard law but they are nevertheless still compelling

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3
Q

constitutional conventions are processes that have become

A

part of the fabric of our constitution in defining how constitutional actors should act

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4
Q

many conventions can be found in the

A

cabinet manual

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5
Q

constitutional conventions are not…. however they are

A

legally binding or enforceable however they are politically binding

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6
Q

how are constitutional conventions politically binding

A

if a contravention of a constitutional convention is likely to be quite politically unpopular and could lead to a constitutional crisis

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7
Q

what are non legal remedies for when a constitution isn’t followed

A

gg removing executive from office

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8
Q

legal remedies for when a constitution isn’t followed is

A

the convention can be codified, replaced, supplemented for restricted by statute (parliamentary sovereignty)

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9
Q

what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention

A
  1. precedent
  2. sense of obligation
  3. rationale
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10
Q

what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention

explain

  1. precedent
A

the it has been followed multiple times in the past ( although a single particularly string example may be enough)

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11
Q

what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention

explain

  1. sense of obligation
A

the actors are following the convention because they feel obliged to do so

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12
Q

what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention

explain

  1. rationale
A

a reason as to why the convention is in place which its often to uphold conny principles like representative democracy and responsible government or the constitutional roles of the branches of government

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13
Q

what are 4 examples of constitutional conventions in relation to the executive

A
  1. ministerial advice
  2. appointment of pm and minsters
  3. resignation of a ministry
  4. caretaker convention
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14
Q

what are 4 examples of constitutional conventions in relation to the executive

explain

  1. ministerial advice
A

the gg will only exercise their royal powers in accordance with the advice of the Pm and ministers

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15
Q

what are 4 examples of constitutional conventions in relation to the executive

explain

  1. appointment of pm and minsters
A

gg will appoint Pm once satisfied they have they confidence of the HOR, up to parties to determine coalition to get majority support and gg will also hear public statements of who they support

once gg appoint pm, gg appoints ministers based on advice from the pm, ministers must be mps s6 conny act

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16
Q

what are 4 examples of constitutional conventions in relation to the executive

explain

  1. resignation of a ministry
A

the govt will resign if it no longer has the confidence of the house for example if they loose a confidence vote

17
Q

what are 4 examples of constitutional conventions in relation to the executive

explain

  1. caretaker convention
A

When governments change, the incumbent remains in power until the new government is sworn in. During this period, the caretaker convention limits the outgoing government’s exercise of power.

18
Q

when does the caretaker convention apply

A

following an election or when the incumbent govt looses the confidence of the HOR

19
Q

Where its not clear who will form the new govt

A

new policy decisions should be deferred and if it cannot be deferred no permanent decisions can be made and if this is not possible then all parties who might form the next govt need to be consulted

20
Q

whats a recent example of the caretaker convention in action

A

in 2023 election where calls to nz were made to demand Israel to a ceasefire however the coalition hadnt formed yet labour wasn’t a part of it so labour leader Hopkins couldn’t make an order as PM so he made it as labour leader

21
Q

what did Hipkins actions in the 2023 election

A

the shifting for hats showed an attempt to follow the convention

22
Q
A