The executive arm of government
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Transcript of The executive arm of government
The Executive: The third arm of government
…and its role in sustaining good governance
1
Outcomes
Institutions forming part of the Executive
Critically evaluate their role
Explain separation of powers
Explain role, discretion of enforcement
agencies
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Constitution empowers three arms of government
Executive
Legislature
Judiciary
3
Features of Westminster system
Separation of powers
Responsible govt
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Source of executive power
Constitution of Queensland 2001
Commonwealth Constitution
Chapter 3Part 2 – GovernorPart 3 – Cabinet & Ministers of the StatePart 4 – Executive CouncilPart 5 – Powers of the State
Ch IISection 61
The Executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen’s representative…
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Executive
Administer the state
Enforce law
Policy
Three arms of government
JudiciaryInterprets law
Solves disputes
LegislatureMakes laws
Represents the people
Who is the executive?
Crown
Monarch
Governor/
Governor-General
Executive CouncilCabinet
Ministers
Govt departments
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The crown plays a role in…
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the courts
the parliamen
t
the executive
Crown = executive = government = the State
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The monarch…
Power? Or symbolism?
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The Governor-General,Governors have power to…
Assent Summon, prorogue, dissolve parliament Appoint ministers
Mercy
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The Governor-Generalhas power to…
Command ADF Receive foreign dignitaries
Sign treaties
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Governor must act on advice
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*notable exception…
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Executive Council
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+ Governor/Governor-General
Cabinet
Cabinet
16http://www.news.com.au/national/prime-minister-tony-abbott-will-not-recall-parliament-just-yet/story-fncynjr2-1226727544892 | Getty Images
Ministers
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Parliament
Majority
Ministers
Government departments
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Executive Building, George St Brisbane, 1907
Executive Building, George St Brisbane, 2009
Statutory Bodies
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Opposition <50%
(lower house)
Opposition <50%
(lower house)
CabinetCabinet
ParliamentParliament
Govt >50%(lower house)Govt >50%
(lower house)
ElectionElection
MinistersMinisters
ExecutiveCouncil
ExecutiveCouncil
G-G/G
Govt DeptsGovt Depts
Backbenchers
Backbenchers
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No executive role; promotes
accountability
No executive role; promotes
accountability
Who is responsible to whom?
The people
Legislature
Department Ministers Cabinet
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Just how separate is the separation of
powers?
No structural separationMinister sits in parliament
Minister sits in cabinet
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Little functional separationBackbench follows cabinet
Party voting block in parliament
24
Goal of executive is to have parliament carry out its policy agenda: little separation… 25
Executive can make delegated legislation
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How separate is the executive from the court?
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Judicial appointment
Tribunal functions
Executive transparency
RTK
Judicial review
Ombudsman
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Note government incursions
Citizen Government
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Sure, I exercise! I exercise discretion
.
Enforcement agencies exercise discretion
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Case study: Police discretion
Whether to investigate
How to conduct investigation
Whether to arrest
Whether to charge
What charges
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Dept EHP (Qld) enforcement guidelines 2014
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https://www.ehp.qld.gov.au/management/pdf/enforcement-guidelines.pdf
…cont’d
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https://www.ehp.qld.gov.au/management/pdf/enforcement-guidelines.pdf
‘Enforcement action will be proportionate to the breach.’
Seeking an exercise of discretion
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Exercising discretion
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Review
Source of executive power
Executive function
Entities forming the executive
Separation of powers?
Transparency/accountability
Exercise of discretion
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Slide Image source
18 http://commons.wikimedia.org/wiki/File:StateLibQld_1_157803_Executive_Building,_Brisbane,_ca._1907.jpg Executive building 1907https://www.flickr.com/photos/29289211@N05/4051151035/ Executive building 2009 | @oriolus84
36 http://www.brisbanetimes.com.au/queensland/im-with-stupid-tshirt-not-campbell-newmans-election-charges-dropped-20150304-13umhw.html | Judi Jabour
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