2 devt of sgs legal systems and exec branch Flashcards
(21 cards)
define westminster system
parlimentary system w a ceremonial head of state, a head of govt, exec branch led by head, legislature made up of elected officials, indep civil service, a parlimentary opposition
4 groups part of exec branch (responsible for governing)
1 PM
2 Cabinet
3 President
4 AG
what is a presidential system
president leads exec branch seperate from legislature, made up by elected officials
what is the judiciarys cap on exec branch – incl a case
Chng Suan Tze v Minister for Home Affairs 1988
- all power has legal limits, courts shld be able to examine exercise of discretionary power
- if exec in EXCERCISING ITS DISCRETION EXCEEDS THE FOUR CORNERS parlimanet decided it can do so = COURT OF LAW MUST INTERVENE
in what 2 circumstances can the role of PM be declared vacant
1 PM resigns
2 PM lost confiednce among MPs
how is the cabinet appointed
by president in discussion with PM
powers of the president 5
- appoint PM / declare PM office vacant
- withhold assent to dissolve parliament
- pwoer to veto appointment of key appointment holders
- power to veto govt supply bills and fiscal matters touching on SGs reserves
- gatekeeper role in decisions under ISA + maintenance of religious harmony act
ceremonial role – support charitable causes
what needs to happen before the president can veto
council of presidential advisors has to agree
how can parliament overrrule the presidents decision?
with 2/3 majority vote
Article 22,22A,,22C
how is the president chosen
by popular election = moral legitimacy
role of the AG?
chief legal officer + adviser to parliament
who is the legislature branch
PARLIAMENT RAHHHH THEY MAKE LAWS
what is the parliament
- prime body for decision making in the country
- they make laws – legislative branch
4 grps of people making up the parliament
MPs: member of parliament
NCMPs: non-constituency member of parliament
NMPs: nominated member of parliament
PCMR: presidential council for minority right
who are MPs
indivs who stand for election to represent ppl = expected to make laws reflecting will of ppl
(Representative democracy)
do ordinary MPs have the resources, expertise and time to table bills
NO THEY DONT
who are NCMPs
“best losers”
- best performing members of the opposition
same voting rights as elected MPs (as of 2016)
max number of NCMPs?
12
S39(1)(b)
how is the number of NCMPs determined? and what act
Parliamentary elections act s52(1)
9-no. of opp p elected into parliament
what amendment allowed NCMPs more voting powers
2016 amendment - altered article 38 of constitution
- same voting rights as MPs (can votes on amendment bills, supply bills, money bills, no confident, removal of pres)
who are NMPs
