executive - convention Flashcards
what are conventions
soft law constraints on the executive
the convention do not have the same force as
hard law but they are nevertheless still compelling
constitutional conventions are processes that have become
part of the fabric of our constitution in defining how constitutional actors should act
many conventions can be found in the
cabinet manual
constitutional conventions are not…. however they are
legally binding or enforceable however they are politically binding
how are constitutional conventions politically binding
if a contravention of a constitutional convention is likely to be quite politically unpopular and could lead to a constitutional crisis
what are non legal remedies for when a constitution isn’t followed
gg removing executive from office
legal remedies for when a constitution isn’t followed is
the convention can be codified, replaced, supplemented for restricted by statute (parliamentary sovereignty)
what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention
- precedent
- sense of obligation
- rationale
what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention
explain
- precedent
the it has been followed multiple times in the past ( although a single particularly string example may be enough)
what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention
explain
- sense of obligation
the actors are following the convention because they feel obliged to do so
what were the three characteristics sir Ivor Jennings laid out for when identifying a constitution convention
explain
- rationale
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
what are 4 examples of constitutional conventions in relation to the executive
- ministerial advice
- appointment of pm and minsters
- resignation of a ministry
- caretaker convention
what are 4 examples of constitutional conventions in relation to the executive
explain
- ministerial advice
the gg will only exercise their royal powers in accordance with the advice of the Pm and ministers
what are 4 examples of constitutional conventions in relation to the executive
explain
- appointment of pm and minsters
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
what are 4 examples of constitutional conventions in relation to the executive
explain
- resignation of a ministry
the govt will resign if it no longer has the confidence of the house for example if they loose a confidence vote
what are 4 examples of constitutional conventions in relation to the executive
explain
- caretaker convention
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.
when does the caretaker convention apply
following an election or when the incumbent govt looses the confidence of the HOR
Where its not clear who will form the new govt
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
whats a recent example of the caretaker convention in action
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
what did Hipkins actions in the 2023 election
the shifting for hats showed an attempt to follow the convention
