executive - sources of exec power

Question 1

what are the three key sources of power that the exec is allowed to act on

Answer 1

1. statute
2. the royal prerogative, p power of the queen
3. the third source/residual freedom to act

Question 2

what are the three key sources of power that the exec is allowed to act on

explain

1. statute

Answer 2

the exec must act within the four corners of the legislative grant of power

r

Question 3

what happenens if the exec goes outside of the statutory power

Answer 3

a judicial review may be ordered

Question 4

what is a case example of executive and statutory power

Answer 4

borrow dale v director general of health

Question 5

borrow dale v director general of health facts

Answer 5

b said that lockdowns are not legal as the sections that the director general used did not give him power to make the orders

Question 6

borrow dale v director general of health
issue

Answer 6

was the sections that gave the the power broad enough to extend past just telling an individual to quarantine

Question 7

borrow dale v director general of health HELD

Answer 7

that the section was broad enough too make the order so the exec was acting within the four corners of the legislative grant of power

Question 8

what are the three key sources of power that the exec is allowed to act on

explain

2. the royal prerogative, p power of the queen

Answer 8

power given to gg through letters patent and as the pm and ministers give advice to the gg, they also have pp in fact

Question 9

such royal perog pow include

4

Answer 9

• the exec council when ministers meet with gg
• appointing minsters and executive council
• summoning proroguing and dissolving parliament
• entering and exiting treaties

Question 10

what is the effect on parliamentary sovereignty on pp

Answer 10

due to parliamentary sovereignty legislation overrides pp so parl can use statute too modify and extinguish pps

Question 11

how to the courts relate to the effect on parliamentary sovereignty on pp

Answer 11

it is up to the courts to determine whether the restriction of pp by parliament has been done through judicial review CCSU

Question 12

treaties and pp

Answer 12

executive can choose to enter/exit from treaties however these effect domestic law, combination of both parliaments and executive constitutional roles

Question 13

what is a dualist system

Answer 13

when international law and domestic law operate on different planes in that international law is not binding unless it is ratified into domestic law

Question 14

the dualist system favours

Answer 14

parliamentary supremacy as the international agreement will not affect domestic law unless parliament allows it to do so

Question 15

how does dualist oppose monism

Answer 15

monism means that international treaties automatically become domestic law

Question 16

is the dualist idea binding

Answer 16

no as sometimes international agreements can have implications on domestic law even if they are not ratified

Question 17

by convention, the executive proposes most

Answer 17

multilateral treaties to the house allowing the legislature to give input through slect committees while negotiations occur

Question 18

is the convention that the executive proposes treaties to the house is

Answer 18

laid out in the standing orders meaning it is non-justiciable

Question 19

NIA and treaties

Answer 19

proposed treaties go through a national interest analysis which supplied the select committee with a fair and objective assessment on whether nz should sign on the treaty

then select committee and via report are sent back to the house

Question 20

the ability for the executive to enter into international treaties can be

Answer 20

restricted by statute and is justiciable by the courts

Question 21

what are the three key sources of power that the exec is allowed to act on

explain

3. the third source/residual freedom to act

Answer 21

the executive power to do some things that are not prohibited by positive law

Question 22

what are two justifications for

3. the third source/residual freedom to act

Answer 22

1. impractical for parliament to grant authority on day to day action exec takes (minter of justice buying stationary)
   2.exec is a legal persons like me and has the presumed freedom to act where a statute doesn’t say other wise

Question 23

limits to the

3. the third source/residual freedom to act

Answer 23

• can’t conflict and exciting statute ( quake outcasts)
• cast conflict with the legal rights and liberties of citizens (NZBORA)

Question 24

quake outcasts case facts

Answer 24

after the chch eq the govt established red zones that were unable to be built on ever again, and govt was offering to buy houses for various amounts depending on insurance

Question 25

quake outcasts case issue

Answer 25

qo argued the establishment of the red zones should have been made under the canty eq act, minster said they were only ‘providing information’

Question 26

quake outcasts case held

Answer 26

that it was an descision not information as they were telling people where they could live in chch and parliament intended the statute to be used as the act covered the field

Question 27

quake outcasts case key takeaways

Answer 27

The third source of power cannot be used when there is an existing statute governing the area that Parliament intends to regulate.

Question 28

3. the third source/residual freedom to act

and treaty settlements

Answer 28

• negotiations are not governed by statute and are all carried out through residual powers but legislation must still be passed to confirm the settlement following negotiations