RESEARCH PAPER 04/82 THE COLLECTIVE RESPONSIBILITY OF MINISTERS – AN OUTLINE OF THE ISSUES

For the administration of the executive government of the Commonwealth, the Governor-General 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. Rhodes, Wanna and Weller offer this description of the principle of cabinet solidarity in Westminster systems of parliamentary democracy: Rather than seeking to amend this provision, the government adopted a ‘fall-back position’ under which the appointees exercised ‘considerable de facto executive authority’ due to their close ties and access to Cabinet. These changes allowed the removal of a chief executive and caused the position to be less secure. The episode finishes with the realisation that the information leaked surrounding the over spending was orchestrated by the Prime Minister to put public pressure on the department to make cuts.

Two members of the first federal ministry never held seats in the Commonwealth Parliament: A parliamentary system that uses cabinet collective responsibility is more likely to avoid contradictions and disagreements between cabinet members of the executive branch. Because of the fusion of powers of the executive and legislative branches the prime minister relies on the cabinet to always support policy decisions. However, given McNaughton’s ministry spanned the end of World War II, this exception is less noteworthy given the upheaval that characterised the era. As the minister is the voice of government for the department, the chief executive is the voice of the public service for the department. If a member of the Cabinet wishes to openly object to a Cabinet decision then they are obliged to resign from their position in the Cabinet. The only limit is the number of senators willing to retire at the disposal of the party machine.

Collecitve cabinet which included persons not members of the legislative assembly might still perform all useful duties. Similarly, the Minister themselves could attend Parliament of their own initiative. This article needs additional citations for verification. As a result, external ministerial appointments in these jurisdictions would require constitutional or legislative change.

  AVEYARD H. (2007) DOING A LITERATURE REVIEW IN HEALTH AND SOCIAL CARE

research paper 04/82 the collective responsibility of ministers - an outline of the issues

Finally, it is possible that political skill and knowledge may be obtained through means other than sitting in a house of Parliament, a possibility not accounted for by Bagehot. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take. Presidential democracies often lack the ability to pass legislation quickly in times of emergency or instances of national security.

In Canada, party discipline is much tighter than in other Westminster-system countries; it is very rare for any MP to vote counter to the party leadership.

Cabinet collective responsibility

See also Bernays, above n; Hall, above n Cabinet solidarity is purely a political convention designed to maintain or protect the collective good as perceived by a partisan ministry. Similar provisions apply under the Pakistani Constitution.

If a member of the Cabinet wishes to openly object to a Cabinet decision then they are obliged to resign from their position in the Cabinet. On the other hand, Australian academic discussion and public commentary has remained relatively silent on the issue. We also propose that the number of external Ministers be capped to ensure that they do not compromise Australia’s representative system of government. The consequence will be that a new government will be formed or parliament will be dissolved and a general election will be called.

Views Read Edit View history. Brown’s Goats were often criticised for having a high failure rate based on their typically short time in office,86 as revealed in Table 2.

Cabinet collective responsibility – Wikipedia

Solidarity within the cabinet can strengthen the prime minister’s party and accelerate policy decisions and interests of that party. The appointment of external Ministers in these circumstances is more likely to continue to occur where a vacancy occurs fortuitously.

research paper 04/82 the collective responsibility of ministers - an outline of the issues

This article examines the extent to which Australia’s constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. Qld s 23, 43 members of Parliament.

Its characteristic is that it should be chosen by the legislature out of persons agreeable to and trusted by the legislature.

research paper 04/82 the collective responsibility of ministers - an outline of the issues

While it has been suggested that the Commonwealth or the States should permit the appointment of external Ministers, 7 there has been only limited consideration of whether appointing Ministers from outside Parliament would enhance existing governance processes in Australia and improve the ability of governments to respond to contemporary challenges. The relationship portrayed by the characters in A Question of Loyalty shows with great effect the core functions of the roles of a minster and the chief executive.

  CASE STUDY VICTORIA CLIMBIE

From Wikipedia, the free encyclopedia. These changes allowed the removal of a chief executive and caused the position to be less secure. Individual ministerial responsibility is where a minister is responsible for the overall actions of their department; active inside this idea is the issue of accountability.

However, given McNaughton’s ministry spanned the end of World War II, this exception is less noteworthy given the upheaval that characterised the era. Sean Manning The Yes Minister episode entitled A Question of Loyalty produced by Peter Whitmore describes core government theories including accountability, responsibility and the interactions between minister and public servants.

Constitutional Role of the Attorney General One view of the Westminster system of responsible government requires Ministers to be members of Parliament. Carr’s appointment reflects a growing international trend for external ministerial appointments.

However, this does prove to be beneficial for the relationship in coalitions between minority parties that may have strong outlime against the view of their larger coalition partners White, As a result, any Australian process would need to be managed extremely carefully, with strong consideration given to the democratic implications. Further, a Law Officer must resign if the government loses the confidence of the Parliament.

B Commonwealth The model we propose for the States and Territories could apply equally at the federal level. Consequently, external Ministers should be appointed in the same way as other Ministers according to the established processes in each State and Territory.