RESEARCH PAPER 04/82 THE COLLECTIVE RESPONSIBILITY OF MINISTERS

In , de Crespigny was involved in a company which was reportedly seeking to establish a nuclear power plant in South Australia. In the United Kingdom , the doctrine applies to all members of the government, from members of the cabinet down to Parliamentary Private Secretaries. However, given the relative inflexibility of the Commonwealth Constitution, and the requirement under s 64 that federal Ministers sit in Parliament, the adoption of this model would be difficult, if not near impossible. The relationship between James Hacker and Humphrey Appleby in A Question of Loyalty shows the importance of a positive and cooperative relationship between chief executive and ministers can benefit the process of policy implementation. However, in Pakistan a prospective Attorney-General must have been an advocate in the High Court for at least fifteen years and there is no provision for the appointment of a ‘distinguished jurist’,71 further limiting the likelihood that the necessary expertise will be present in Parliament. To ensure consistency with the conventions of responsible government, it is essential to establish accountability mechanisms to ensure proper oversight of external Ministers.

These ‘failures’ were attributable in part to a lack of political and parliamentary skills. See also Hamer, above n 9, 6. Because of the fusion of powers of the executive and legislative branches the prime minister relies on the cabinet to always support policy decisions. A Question of Loyalty, due to the situations being framed for satirical effects, has lost the reality of the situation. Why Accountability Must be Renewed.

Some Communist political parties apply a similar convention of democratic centralism to their central committee. Cf Parker, above n 8, Prominent cabinet ministers including Michael Gove and Chris Grayling opted to make use of the relaxation by campaigning to leave. Inde Crespigny was involved in a mlnisters which was reportedly seeking to establish a nuclear power plant in South Australia. Naturally these are principally its own members, but they need not be exclusively so.

Sir Samuel Griffith, subsequently the first Chief Justice of Australia’s High Court, declared the requirement that Ministers sit in Parliament to be one of ‘many misapprehensions as to what is the essence of the system called responsible government.

  CURRICULUM VITAE FORMATO USM

The chain of collective responsibility operates from two directions, firstly there are policy decisions that arise from departments that go through ministers and are introduced to cabinet, which are then discussed and adjusted.

While it is not strictly necessary for the model to be included in a constitution, doing so will increase accountability and transparency in the appointment process.

We also propose that the number of external Ministers be capped to ensure that collevtive do not compromise Australia’s representative system of government. However, as noted above, this process relies on a vacancy minksters available.

At the State level, constitutional change could be effected by an Act of State Parliament as constitutional provisions do not entrench the status of Ministers in any State. Rhodes, Wanna and Collectkve offer this description of the principle of cabinet solidarity in Westminster systems of ppaper democracy: It is, however, in a cabinet member’s best interest to support and align with the president’s policies because they serve at the pleasure of the president, who can at any time dismiss them or appoint them to another position.

research paper 04/82 the collective responsibility of ministers

However, there is a growing international rsearch in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. Retrieved 11 May As a result, external ministerial appointments in these jurisdictions would require constitutional or legislative change.

In non-parliamentary governments like that of the United States, cabinet collective responsibility is not formally practiced.

(PDF) The Appointment of Ministers from Outside of Parliament | Alysia Blackham –

The ability of the responnsibility service in Yes Minister and the episode A Question of Loyalty is exaggerated to make a satirical point against the effectiveness of Westminster government. First, should the number of external Ministers be capped?

The most appropriate appointment process for external Ministers would continue to give the Premier or Chief Minister ultimate control over external ministerial appointments.

research paper 04/82 the collective responsibility of ministers

By providing the Law Officers with the status of members of Parliament excluding the ability to votethey are given the power to effectively fulfil their roles and are made subject to a degree of accountability and responsibility to Parliament. Because of the fusion of powers of the executive and legislative branches the prime minister relies on the cabinet to colleective support policy decisions. Ministers are not expected to manage the day to day functions of departments, this is the responsibility of the chief executive.

  FALMOUTH DISSERTATION BINDING

Namely, majority coalition governments became the colective after President Kekkonen retired in collecrive The Select Committee does not have the ability to vote on or veto an appointment and the government retains the ability to make the appointment despite a negative report.

Cabinet collective responsibility

Rather than seeking to amend this provision, the government adopted a ‘fall-back position’ under tthe the appointees exercised ‘considerable de facto executive authority’ due to their close ties and access to Cabinet.

Remember me on reseadch computer. A Commonwealth, State and Territory constitutional provisions Australian ministerial appointments are regulated by the Federal, State and Territory constitutions. Time for a Truth in Politics Act: The permanent secretary acts as the administrative head of department or the chief executive.

Collective responsibility is not circumvented by appointing Ministers outside of Cabinet, [4] as has occurred in New Zealand where, from toWinston Peters and Peter Dunne were Ministers outside of Cabinet, despite their parties not being considered part of a coalition. His Responsibility and His Accountability.

As a result, they may exercise any of the functions of Scottish Ministers98 and may participate in parliamentary proceedings but cannot vote. As a result, it is worthwhile to consider how an Australian jurisdiction, if minded to adopt external ministerial appointments, might proceed to do so.

Hence, the existing removal processes for Ministers are pper appropriate for external Ministers.

research paper 04/82 the collective responsibility of ministers

At the same time, an Australian Capital Territory government must manage most of the same portfolios as a State government.

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