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In the second revised edition of this monograph, Jennifer Menzies and Anne Tiernan capably chart the often hazardous terrain of the ‘caretaker period’ that ensues from the time an election is called until a new government is formed. This is a landscape fraught with political and administrative dangers – particularly for public servants who are required to ‘mind the shop’ and keep the basically machinery of government going. The conventions represent an historical accretion of custom, practice and rules, often leavened with uncertainty. In tackling their subject, Menzies and Tiernan draw upon their shared past experiences as public servants and ministerial ‘staffers’ as well as the highest standards of academic scholarship – this is a ‘must read’ for politicians, public servants and students of government. The second edition expands on the first edition by documenting recent controversies and trends which have had an impact on caretaker conventions. The analysis of the contemporary application of caretaker conventions has been updated and new case studies included – particularly from the last federal election. Also included is additional material about lengthy government formation after election day and the management of caretaker conventions during that time. The New Zealand material has been revised and updated.
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
The extension to other Realms of the reserve power to refuse a dissolution
How can we strengthen the capacity of governments and parties to manage arrivals and departures at the top? Democracy requires reliable processes for the transfer of power from one generation of leaders to the next. This book introduces new analytical frameworks and presents the latest empirical evidence from comparative political research.
Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.
"[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.
A diverse range of experts provide a comprehensive introduction to current theories, debates and research in Australian political science.
Alan J. Ward combines constitutional history and political science to compare all nine of Australia’s political systems, federal, state and territorial, from colonial times to the present. Guided by a model of parliamentary government drawn from comparative politics, he considers the following key topics: the selection of the government, the prime minister and cabinet; government control of the lower house; the primacy of the lower house in bicameral systems; the head of state; the influence of Australian federalism on parliamentary government; and the growth of executive democracy in Australia. Ultimately, Ward argues that as only one of Australia’s nine constitutions accurately describes parliamentary government as practiced in the country, it is a democratic imperative that the other eight be rewritten.
New Zealand is a democratic constitutional monarchy, one of Queen Elizabeth II's sixteen realms. This book provides a comprehensive account of how the Queen, the Governor-General and the Crown interact with our democratically-elected leaders under New Zealand's unwritten constitution.The authors explain how these islands in the South Pacific were first brought within Queen Victoria's dominions, the arrangements then made for their future government, and how those arrangements developed over time with the pressure for democracy and responsible government to become New Zealand's current constitution. They discuss the responsibilities of, and interactions between, the key office-holders: the Sovereign herself; her representative, the Governor-General; the impersonal and perpetual Crown, and the Prime Minister, other Ministers and Members of Parliament. All of them affect in some way the government which runs the country day to day. In an afterword, the authors examine some of the key issues to be considered should New Zealand become a republic.The parliamentary democracy that we take for granted can conceal New Zealand's ultimate constitutional underpinnings in the monarchy. But, as the authors make clear, the monarchy's continuing role in New Zealand's constitution is significant. And understanding the roles of the Queen, the Governor-General and the Crown will be critical as we look forward to debates about the possibility of a republic in New Zealand.
This book explores how the governmental elites in Australia, Britain, Canada, New Zealand, and South Africa understand their Westminster system. It examines in detail four interrelated features of Westminster systems. Firstly, the increasing centralisation in collective, responsible cabinet government. Second, the constitutional convention of ministerial and collective responsibility. Third, the role of a professional, non-partisan public service. And finally, parliament's relationship to the executive. The authors explain the changes that have occured in the Westminster model by analysing four traditions: royal prerogative, responsible government, constitutional bureaucracy, and representative government. They suggest that each tradition has a recurring dilemma, between centralisation and decentralisation, party government and ministerial responsibility, professionalisation and politicisation, and finally elitism and participation. They go on to argue that these dilemmas recur in four present-day debates: the growth of prime ministerial power, the decline in individual and collective ministerial accountability, politicisation of the public service, and executive dominance of the legislature. They conclude by identifying five meanings of - or narratives about - Westminster. Firstly, 'Westminster as heritage' - elite actors' shared governmental narrative understood as both precedents and nostalgia. Second, 'Westminster as political tool' - the expedient cloak worn by governments and politicians to defend themselves and criticise opponents. Third, 'Westminster as legitimising tradition' - providing legitimacy and a context for elite actions, serving as a point of reference to navigate this uncertain world. Fourth, 'Westminster as institutional category' - it remains a useful descriptor of a loose family of governments with shared origins and characteristics. Finally, 'Westminster as an effective political system' - it is a more effective and efficient political system than consensual parliamentary governments. Westminster is a flexible family of ideas that is useful for many purposes and survives, even thrives, because of its meaning in use to élite actors.