Executive Flashcards
(27 cards)
Government arrangements
Coalition; or Support agreement (rely on party outside govt. to vote on matters of confidence)
Governor General
NZ’s head of state, appointed by the prime minster by way of convention
On paper has large powers derived from the letters patent but in reality, these are limited by convention
Her real power lies with who has the confidence of the house / PM
Prime Minister
PM leads cabinet and executive government
PM appointed by GG based on what party has confidence of HOR (example of a constitutional convention)
All of their authority is rooted in convention rather than statute
Ministers
GG acts on advice of PM who instruct her who to appoint as ministers but they must first be MP’s
Ministers are responsible for a portfolio eg- finance.
Cabinet
Members decided by PM
Key decision-making body of the executive branch, it is the most powerful body in the executive branch.
Gets to essentially direct the HOR and what they do in most circumstances since govt had majority.
Exists by convention- and rules devised by itself codified in cabinet manual, not enforceable in courts as soft law.
Example of a breach of convention
Hipkins while acting in a caretaker capacity before the incoming National led government called for a cease fire in Gaza. Caretaker PM’s are expected by convention not to undertake new policy initiatives
Constitutional Conventions
Not rules in law, rather universally accepted rules of constitutional practice. Reflect what everyone thinks is the right thing to do
* Customs, habits, practices
Cabinet manual
Determines how cabinet operates
No legal standing - soft law instrument
Cabinet rules
Collective responsibility (everyone must abide by decisions)
Confidentiality
Unanimity (agreement by all expect for confidence/supply)
Example of conventions
GG will appoint the govt. with the confidence of the house
After an election, if the result is uncertain or when a government is unable to command a majority, a caretaker convention applies
assent for bills into laws is given by GG on advice of parliament
why are constitutional conventions followed
Because they are best practices that govt. actors believe should be adhered to due to the important constitutional principles they represent
They ensure smooth operation of govt.
Breaking a convention can lead to significant political consequences and criticisms
Cases on rule of law
Entick v Carrington
Webster v Police
Fitzgerald v Muldoon
unlawful search case
Entick v Carrington [1765 UK]
Earl (like a minister) issued warrant to search E’s house and seize proof.- no evidence was found in house
Public power can only be used lawfully
meth kid case
Webster v Police
W fighting his meth addicted son and called police for help. Police arrived and argument broke out between W and police. Police entered W’s property despite being asked not to. W pushed them away he was charged with obstructing an officer
Power of state can only be exercised lawfully so he could not be convicted of assault
changing of laws unlawfully case
Fitzgerald v Muldoon
Muldoon defeated the incumbent labour party in election. His campaign promised to end compulsory superannuation scheme.
3 days after being sworn in he issued press release telling people to stop making contributions and that they would NOT be prosecuted if they did so.
Executive branch cannot tell the public to treat laws as suspended - only parliament can
What is the public sector
Made up of organisations that administer and provide a wide range of services that touch almost every aspect of New Zealanders lives. Desire of workers in the public sector to keep Ministers happy may make them yes people.
5 key values of public services act
Impartial
Accountable
Ethical
Respectful
Responsive
Public sector
local govt.
* Boards
* Committees
agencies associated with Ministers
state sector
officers of parliament (including auditor general)
Departments that support parliament
* Universities etc.
Fully or partially owned Crown companies
state services
- Reserve bank
- Departments responsible to Ministers but with autonomy
- Some boards and trusts with public responsibilities
- Govt. owned crown entities (TVNZ or ACC)
Role of public sector
- Serve government of the day
Serve public good
Carltona principles
Purpose: ensures govt. functions effectively allowing public servants to exercise power on behalf of Ministers
Practicality: Ministers cannot personally execute all powers assigned to them; instead these powers are exercised by the Ministers office
Ministerial accountability
- Personal responsibility: ministers must act lawfully in their personal and professional lives. Often held to a higher standard
- Primary responsibility: Ministers should not use their powers for personal gains
- Vicarious liability: while Ministers do not manage daily operations, they can be held liable
Statutory source of executive power
- Statutes, acts, legislation
Gives executive vast majority of their power
Third source of executive power with case
When nothing says the executive can’t do something they can do it
* Usually insignificant, like buying pens with money in the budget
Quake Outcasts:
Executive cannot use its residual powers in ways that avoids constraints set out in statute
