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

It has been argued in the UK that Ministers need to be ‘rooted somewhere’ to become integrated into the ministerial team. However, as noted above, this process relies on a vacancy becoming available. As a result, it is worthwhile to consider how an Australian jurisdiction, if minded to adopt external ministerial appointments, might proceed to do so. Such officers shall hold office during the pleasure of the Governor-General. Responsible government is a phrase which I would defy anyone in this assembly to define.

From Wikipedia, the free encyclopedia. Cabinet solidarity is purely a political convention designed to maintain or protect the collective good as perceived by a partisan ministry. However, it is less clear whether this necessarily entails that Ministers are elected to Parliament. British government in crisis: Please help improve this article by adding citations to reliable sources. A Question of Loyalty.

(PDF) Accountability and Collective Responsibility | Sean Manning –

I will go further, and say this that if the words “responsible government” were adopted in our constitution, and the question of their meaning were referred to a bench of the ablest judges that could be found, they would end by declaring themselves utterly unable to define or to declare their meaning. In relation to the legal questions, it is clear that ministerial appointments from outside Parliament are constitutionally possible in the States and Territories, at most requiring legislative amendment to effect the necessary changes.

In contrast, the Commonwealth Constitution is relatively inflexible, with only 8 of 44 referendums to change the Constitution succeeding sinceand none at all since However, the nature of this relationship is taken to the extremes, Humphrey manipulates the minister through the advice he gives him, essentially placing Humphrey in control of the department. As governmental responsibilities continue to increase in diversity and complexity, external Ministers with specific expertise are likely to become more attractive, as demonstrated by the appointment of Bob Carr from outside Parliament as Australia’s Minister for Foreign Affairs.

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

Remember me on this computer. In Egan v Willis, Kirby J stated: Members of the Senate are appointed by the Governor General on the advice of the Prime Minister and hold the position until the age od Responsible government requires Ministers to be accountable to Parliament, which is in turn accountable to the people through the electoral process.

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We do not seek in this article to draw final conclusions as to whether appointing Ministers not elected to Parliament is a desirable practice. The conflict being that despite government policy to cut spending inside of the public service and ministers agreeing to carry out this policy, the public service were manipulating ministers into avoiding action on implementing this policy.

Cabinet collective responsibility is a tradition in parliamentary governments in which the prime minister is responsible for appointing the cabinet ministers.

Accountability and Collective Responsibility.

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

This section examines the processes and limitations that could be applied to ensure the effective accountability of external Rseponsibility. His Responsibility and His Accountability. Retrieved from ” https: However, there is now clear recognition and practice that Ministers may also sit in an elected upper house.

It is only when the minister discovers that there would be a positive gain to claiming responsibility that he acts in an accountable way.

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

If nothing else, serving Senators are unlikely to fall lf their sword to provide a vacancy for an incoming Minister. The result was s 64 as it is currently expressed in the Australian Constitution. However, it appears that this is more an accident of history than an essential feature of the concept.

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. Our focus is upon the extent to which Australia’s constitutional system can accommodate unelected members collecive a Commonwealth, Apper or Territory executive.

As with the notion of ‘representative government’, it is possible to accept the words as responsibillty general description of a feature of constitutional arrangements in Australia without necessarily being able to derive from that feature precise implications which are binding in law. Even at the federal level, despite the provisions of s 64, it is possible to appoint external Ministers via a Senate casual vacancy, as occurred with Carr’s appointment.

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Namely, majority coalition governments became the norm after President Kekkonen retired in We initially focus on the States and Territories, given the greater ease cillective which such appointments may be introduced in those jurisdictions, and then consider the federal case.

At the same time, an Australian Capital Territory rssponsibility must manage most of the same portfolios as a State government. After the papwr general election no Minister of State shall hold office for a longer period than three calendar months unless he shall be or become a member of one of the Houses of The Parliament.

As a result, Sir Neil Elliott Lewis only held this position for a short period under s 64 before resigning.

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

The solidarity of the cabinet is consistently challenged by the opposition in an attempt to create contradictions between cabinet ministers. While publically denied by Rann, suggestions were made that de Crespigny might have obtained information to assist the bid from his role in the Executive Committee of Cabinet.

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. It is ministsrs consistent with cillective models separately proposed by Hawker and former Prime Minister Bob Hawke.

Cabinet collective responsibility

Examples of this change in collective responsibility can be seen with the minority coalition in the government formation. Judges in vice-regal roles. It is proposed that the ministers of state … may sit in either house of parliament.