Parliament Flashcards
Three branches of government
- executive: government of the day
- Cabinet (also in executive)
- Consists of the Prime Minister and appointed Ministers
○ Prime Minister – needs continued support of other supporting parties to stay in power
○ Advises Governor General of which Ministers to appoint
- legislature: parliament
- Judiciary: courts and judges
3 key principles of our system
- parliamentary supremacy
- rule of law
- Separation of powers
Public Power
Public power refers to the authority given to a person or organisation to act on behalf of the government
Example of public power being constrained
Example PM and remuneration
PM’s pay is decided by legislation (voted and decided on by elected officials)
Remuneration authority sets PM salary and expenses to prevent abuse of power
PM’s accommodation issue: criticism about Luxon’s decision to accept $52k of accommodation allowance while preaching spending cuts. Public back lash meant he reversed the decision as he must stay in a fairly positive view with the public if he wants to get voted back in
5 functions of the house of representatives
- Makes law
- Provides government for country (incl. PM through majority support)
- Represents the people of the country
- Consents to taxation and expenditure (Confidence issue)
- Holds the executive to account (e.g. question time, questioning)
Private power
The power for an individual to make use do something
Separation of Powers
Prevents one person have all the power, makes sure power isn’t abused
Governing and opposing bodies
Governing body runs the country, opposition can only point out flaws to put pressure on the governing body
The governing body can consist of multiple parties (MMP system)
○ Coalition
Parties get seats proportionate to their percentage of the vote
Successful electorate votes fill seats, the rest are chose by the party
Iron rule of political contest
Everybody wants to be in power and if they have it they want to keep it
Mutual struggle for power
Being in power means you get your people in ministerial roles, get spending authorised and ultimately get you policies adopted
Teams
MPs flip sides on votes which can mean government may not have majority on a decision. But on issues of confidence they will stick together
Majority of the time they stay together on votes, as a party without unity, will not work
Whips enforce this by telling MP’s when they must vote in line with a parties values and agreed upon position. If an MP goes against this may face punishment
Voting
Normally MPs can vote how they want individually
Whips control this to some extent
Confidence votes – need to align with party or may be kicked out. If a party loses confidence of the house they are expected to dissolve parliament in order for a general election to be held
Debates that address confidence:
PM’s statement
Reply debate
Imprest supply debate
Budget debate
Supply votes – Money votes – same as above
Conscience votes – Brought up by MPs not their party
Types of bills
- As a government bill – proposed by individual Ministers (executive)
- Approved by Cabinet and added to list of Bills to review
- As an individual bill – by individual MPs
- As local bills – changes law for specific region
- As members bills – For opposition members wanting to introduce law
As private bills – Provides an exemption to the law for individuals
Bill into law
- Introduced formally to the house
- First reading: house debates bill and considers merit
- Select committee: recommends amendments to house based on public opinion
- Second reding: main debate on principles of the bill
- Committees of whole house: committee with authority of HOR looks in detail, considers any further amendments
- This reading: last opportunity to debate bill
Royal assent: sovereigns role to sign a bill into law (sovereign’s representative the GG), this is done on advice of PM
Super majority
Certain laws are only passed by a 75% majority (voting age and parliamentary term), everything else only needs a simple majority
Standing orders
Unenforceable rules of how Parliament works (not written in law). Enforcement of these rules is in that todays majority will be tomorrows minority if they abuse there power and breach these. Failing to follow these standing orders does not make legislation invalid
Case were courts challenged standing orders
Pickin v British Railways Board: Courts cannot challenge standing orders. Does not matter if parliament is misled on the making of laws
