RESEARCH PAPER 04/82 THE COLLECTIVE RESPONSIBILITY OF MINISTERS

Furthermore, the combative relationship between the public service and government portrayed in A Question of Loyalty shows possible redundant bureaucratic processes. It is distinct from party platforms and details the compromises that parties made in order to cooperate. The appointment of external Ministers in these circumstances is more likely to continue to occur where a vacancy occurs fortuitously. A further mechanism for ensuring the accountability of external Ministers would be to subject potential appointees to pre-appointment hearings in Parliament. Presidential democracies often lack the ability to pass legislation quickly in times of emergency or instances of national security.

Further, the requirement that vacating members be replaced by someone from the same political party limits the scope for this type of procedure to be used by governments. Act of State Parliament. There have been examples of public servants that have been considered to be acting against the wishes of the ministers they serve due to an extended period of service with a past administration Mulgan, The person likely to have the best understanding of these gaps is the Premier or Chief Minister. 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. On occasion, this principle has been suspended; most notably in the s when in Britain the National Government allowed its Liberal members to oppose the introduction of protective tariffs ; and again when Harold Wilson allowed Cabinet members to campaign both for and against the referendum on whether the UK should remain in the European Economic Community. The result was s 64 as it is currently expressed in the Australian Constitution.

Presidential democracies often lack the ability to pass legislation quickly in times of emergency or instances of national security.

Cabinet collective responsibility

This article needs additional citations for verification. In JulyPremier Arthur Macalister resigned after a dispute with the Governor over the issuing of inconvertible bank-notes as a response to a financial responsibilihy.

research paper 04/82 the collective responsibility of ministers

Using this process, external Ministers become subject to the same accountability mechanisms as other members of Parliament, thereby protecting the integrity of responsible government. Compared to other constitutional questions, whether Ministers should sit in Parliament received only limited attention at the collecfive.

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

The consequence will be that a new government will be formed or parliament will be dissolved and a general election will be called. Naturally these are principally its own members, but they need not be exclusively so. Managing the Core Executive. The extent of these multiple demands means that some areas are inevitably afforded less weight and may not be eesearch with sufficient ministerial attention. The revised provision read: Two members of the first federal ministry never held seats in the Commonwealth Parliament: However, there is now clear recognition and practice that Ministers may also sit in an elected upper house.

resposnibility

Views Read Edit View history. Minority governments in Australia Cf Parker, above n ersponsibility, There have been examples of public servants that have been considered to be acting against the wishes of the ministers they serve due to an extended period researcg service with a past administration Mulgan, For the administration of the executive government of the Commonwealth, the Responsibikity may, from time to time, appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may from time to time establish, and such officers shall hold office during the pleasure of the Governor-General, and shall be capable of being chosen and of sitting as Members of either House of the Parliament.

The Governor then invited former Premier Robert Herbert and Raff to form a temporary committee to run the affairs of government, despite Raff not being a member of Parliament at the time.

The different experiences gained in each reseacrh may be reflected somewhat in the convention that the Prime Minister must sit in the lower house.

It finds no place in our colonial constitutions … It is unknown except as a responsibulity phrase, or an oratorical expression. In Canadathe collecttive is on rare occasion allowed to freely vote its conscience and to oppose the government without consequence, as occurred with the vote on capital punishment under Brian Mulroney. Time for a Truth in Politics Act: Further, if vacancies started to be ‘manufacture[d] … to accommodate [a] new entrant’, this would have serious and negative implications for representative government.

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This model is more suited to the Australian context as it allows external Ministers to be accountable to Parliament while not actually requiring their appointment to that body.

(PDF) Accountability and Collective Responsibility | Sean Manning –

Similar provisions apply under the Pakistani Constitution. While there are few insuperable constitutional limitations to the appointment of external Ministers, it is essential that such appointments are made in a strategic and principled manner. We also propose that the number of external Ministers be capped to ensure that they do not compromise Australia’s representative system of government.

This became particularly pertinent when Cappo was embroiled in a ‘spending scandal’ in June related to his expenditure on travel. First, it is not uncommon for successful politicians to come to politics in their later years, gaining necessary skills and experiences while no longer ‘young’. However, it appears that apper is more an accident of history than an essential feature of the concept. The Finnish Government and its ministers are collectively responsible for all its decisions.

research paper 04/82 the collective responsibility of ministers

A United Kingdom Ministers in the UK have traditionally followed a similar ‘pathway to power’ to their Australian counterparts. That papdr the practice under what we know as the British Constitution, and no doubt under the practical working of our constitution ministers here will also be required to sit in parliament, except in cases where a minister may for a longer or a shorter time be unable to obtain a seat there.

As a result, some degree of institutionalisation and formal written adoption is desirable. This is due to a clearer separation of the executive and the legislature in policy-making.