Mid year test!

Memory jogger

The reserve powers of the Governor-General from Palmer and Palmer)

Appoint or dismiss PM, refuse to dissolve parliament or force dissolution

Key constitutional functions of the G-G (Cite Bridled Power)

Appointing PM and government, summoning and dissolving parliament, royal-assent, excising royal prerogative, and presiding over executive council (Bridled Power)

How are GG’s powers exercised in practice? + source

On guidance of the Prime Minister and Ministers (Hardie Boys)

Why is the GG role non-political? + source

To unify the branches of government and act as unifying symbol (Cartwright)

Fundamental role of GG in parliament

Gauge whether the government has the support of House of Representatives (Cartwright)

Definition of Dicey’s orthodox theory

Parliament has full law-making power and every person is completely bound by that legislation

Example of parliament imposing procedural limits on future parliament

Section 268 of Electoral Act requires 75% majority vote required to alter reserved provisions

What is meant by "The King reigns, but the government rules"

formal authority and real power are separated and held in different hands

What do constitutional convention + constitutional law equal?

the total constitution

Where are the G-G’s powers defined

Letters Patent 1983

Keith’s three main sources of the constitution:

Formal legal documents, Decisions of courts, Practices and conventions

Source for naming the three pillars of govt

Keith

Meaning of Constitutional realism (from M Palmer)

Some features may not be officially part of the constitution but be highly constitutional in reality

The 3 questions of the Jennings test for recognising constitutional conventions

The precedents, sense of obligation, constitutional reason

Definition of a Convention (Geiringer)

rules followed by political actors because they believe they are required to do so

If not through law, how are conventions enforced (Geiringer) - 2 ways

political pressure and shared acceptance

Limitation of the constitution act

it does not give detail on many important aspects on NZ governance

GGs legal powers from letters patent

exercise executive authority, summon/dissolve Parliament, appoint/dismiss Ministers, assent to legislation

GGs powers in constitutional practice

Acts on advice of PM and Ministers who have support of House of Representatives

3 categories of functions of Governor general

Ceremonial, symbolic, Constitutional,

symbolic duty of the Governor general according to Cartwright

“to uphold our democratic traditions"“

GG’s ceremonial functions

Opens Parliament, Conduct investitures, receives credentials of diplomats

GG’s constitutional functions

appoints and dismisses ministers and governments

Four foundational conventions of responsible govt

1. The governor general acts on the advice of ministers

2. There must always be a ministry to advice the GG

3. The ministry must always maintain confidence of the house

4. The ministry without confidence can only act in caretaker capacity (cannot make any substantial decisions) 

Benefit of non-political nature of GG role

it transcends politics (Cartwright)

Types of government under MMP

Majority coalition, Single party majority, minority coalition, single party minority

Marjority coalition

Multiple parties share Cabinet seats and jointly hold a majority

Single party majority govt

One party controls Parliament

Minority coalition

Multiple parties in government, relying on outside support

Single party minority

One party governs with confidence & supply from outside parties

Key benefit of NZ having some separation between government and sovereign (P & P)

The government can be criticised without it reflecting disloyalty to the country (unlike US)

The controversial reserve power of GG

power to withhold royal assent to legislation (Joseph thinks yes, Palmers think this would create more constitutional issues)

Key changes of the update in Letters Patent

reference to royal dissent was removed, responsible govt was acknowledged, the letters patent were made more wholly New Zealand rather than British

Nature of NZ constitutional change

incremental, gradual and the result of emerging consensus. It is unlikely that change will ever be based on revolution (Cartwright)

Average number in House of Representatives

120