cabinet Flashcards
(161 cards)
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Cabinet – is based on a convention
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not created through law. It’s the real seat power in New Zealand government. “In form
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Cabinet in practice – minister meet to discuss legislation. Ministers outside of cabinet can join if their presence is relevant. Every decision that is made has to reach a consensus. The cabinet is responsible for drafting government bills
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creating regulations
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Cabinet committee – a cabinet committee is a smaller group of ministers within in the cabinet that focus on specific areas of government work. The committee does prior work before its presented at the cabinet meeting.
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The types of prep work is
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strategy’s – long term planning
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legislation – progress of proposed laws
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appointments – oversees senior public sector and board appointments
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expenditure – manages finances and budget related matters.
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The process of the committee work - ministers submit papers – which is a paper a minister prepares on an issue like new laws
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appointments
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The committee then meets and discusses the proposal
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this is the time for then to ask questions
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Cabinet manual – the cabinet manual is an authoritative guide to cabinet procedures how it operates in New Zealand it outlines the rules
responsibilities
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Conventions- collective responsibility
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Confidence – cabinet must maintain support of the House
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Unanimity – all ministers support decisions (even if they disagree in private)
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Confidentially - "what is said in the cabinet stays in the cabinet"
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However there are exceptions to unanimity when ministers don't have to publicly agree.
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Agree to disagree clause – ministers from different parties in a coalition can formally agree to disagree on specific issues. This is usually recorded in a coalition or support agreement.
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Selective unanimity – ministers from support parties are only required to publicly agree on matters within their portfolios. On issues outside of their portfolios
they can disagree without breaking the conventions.
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Still must maintain confidence – even with exceptions
support parties must still vote to keep the government in power must maintain confidence it the House. If they withdraw confidence
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Conventions individual ministerial responsibilities -
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Individual ministerial responsibilities is a constitution convention that iterates. Each minister is personally responsible to Parliament for everything that happens in the portfolio. The ministers are responsible for policy decision – what they decide they do for their section of their area of responsibility. Operational errors – mistakes made by the department
even if the minister wasn't personally involved. Misleading the house – giving incorrect or dishonest information in Parliament. But if a serious failure
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Cabinet confidentially -
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Cabinet confidentially is a core convention that says "what is said in cabinet stays in the cabinet". That intel's discussions and disagreements between ministers in the cabinet stays a secret. Only the Prime Minister can publicly speak for the cabinet. This allows for honest debate between ministers without fear of public backlash. This is important as it protects collective responsibility – ministers must show unity in public
even if they disagree in private. It helps cabinet function smoothly by encouraging frank
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Official information Act (OIA)
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The OIA 1982 is a law that gives the public the right to access government information
which include government reports
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OIA and confidentially -
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Before 1982
cabinet documents were never released. Under the OIA
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Cabinet office
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The cabinet office is a neural
non-political team of public servants that supports the smooth running of cabinet and its decision making processes. It's part of the department of the Prime Minister and cabinet. The functions of the cabinet office include – prepares cabinet minutes – writes a official record of cabinet decisions (called cabinet green)
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Cabinet vs executive council
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Cabinet – is convention (not a law)
the main function - real decision making body of government
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Executive council – is law created by letter patent
gives formal legal affect to decisions
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The cabinet is the political brain of the executive. The executive council is a legal arm that gives effect to cabinets decisions.
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Constitution doctrines
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Parliament sovereignty – cabinet can't make laws on its own – decisions only become legally binding if – parliament passes legislation or the executive council issues regulations under an Act.
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Rule of law – cabinet has political power
but not legal power
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Separation of powers – cabinet cannot override or bypass Parliament or the courts
cabinet must respect the independence of judiciary
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Case study Fitzgerald v Muldoon (1976)
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Context: PM Muldoon announced the superannuation scheme would cease (Dec 1975) before Parliament changed the law. Officials acted on his statement—stopped enforcing existing law.
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Court ruling (Wild CJ): Illegal act; breached Bill of Rights 1688
s 1.
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Constitution problem -
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PM acted as though executive power could override Parliament
violated parliamentary sovereignty.
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Doctrines
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Rule of law – law must be followed until changed legally.
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Separation of powers – executive must not exercise legislative power.
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Parliamentary sovereignty – only Parliament can alter the law.
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Parliamentary sovereignty and the executive
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Cabinet decisions do not have legal effect until parliament passes legislation or the executive council issues regulations under statutory authority.
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The executive must implement not create
primary law.
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Checks on executive power through separation of powers- separation of powers prevent abuse of powers by making sure the cabinet is always answerable to parliament
the courts
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Ministers must act within legal powers. Actions can be challenged through judicial review. Cabinet power is political not legal – depends on lawful authority.
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Conclusion
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Cabinet is the engine room for executive power
grounded in convention
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Based on constitution conventions
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Collective responsibility
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Confidentiality
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Cabinet manual
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Constitution doctrines acts as checks and limits on cabinet actions.
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Courts can intervene when the executive breaches legal limits.
