T6.1 - Overview of Exec Branch & Responsible Gov

Question 1

s 61 Constitution

Answer 1

Cth Exec – vested in Queen and exercisable by GG, extends to execution/maintenance of the Constitutional + laws of the Cth;

Question 2

s7(2) Australia Acts

Answer 2

State Executive vested in Queen exercisable by Gs in council

Question 3

s 62 Constitution

Answer 3

There shall be a Federal Executive Council to advise the Governor-General in the government of the Commonwealth

Question 4

s 64 Constitution

Answer 4

: The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish

Question 5

Central feature of responsible government

Answer 5

executive power is effectively exercised by Ministers who have the support of a majority in the popularly elected chamber of Parliament

Question 6

What’s the implication of executive power being effectively exercised by Ministers who have the support of a majority in the popularly elected chamber of Parliament

Answer 6

 Ministers must have the support of a majority of the House of Representatives on matters of confidence
 The monarch and Governor-General act on the advice of Ministers (except when exercising reserve powers, as we will discuss)

Question 7

• Prime Minister and Cabinet

Answer 7

not mentioned in the Constitution

Question 8

Prime Minister

Answer 8

person who leads the party or coalition that can command support of a majority of the House of Representatives

Question 9

Cabinet

Answer 9

council of senior or inner ministers, who are empowered to make decisions that bind the whole ministry. (The remainder of the ministry is made up of members of the Outer Ministry and Assistant Ministers)

Question 10

What principles does Cabinet operate on

Answer 10

It operates on a principle of collective responsibility, solidarity, and confidentiality.

Question 11

3 key conventions which supplement responsible government

Answer 11

1. Individual ministerial responsibility
2. Caretaker conventions
3. Reserve powers

Question 12

1. Individual ministerial responsibility

Answer 12

ministers has a portfolio of responsibility for each Department of State and the administration of legislation and that Minister is responsible to parliament for matters falling within that portfolio

Question 13

2. Caretaker conventions

Answer 13

when the House of Representatives is dissolved (usually to hold an election) the government avoids making major policy decisions or significant appointments or entering major contracts or undertakings

Question 14

3. Reserve powers

Answer 14

Governor-General has certain powers to act without or even against advice – these are limited and rarely used. Used to safeguard responsible government and other fundamental policies,