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26 Cards in this Set
- Front
- Back
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Head of State (Constitution Act 1986, Part 1 and S16) |
1. Appoints GG as sovereign's representative 2. Powers conferred by Acts on the GG are exercisable (S3) 3. Bills become law when GG assents (S16) 4. GG can summon, prorogue or dissolve Parliament (S18) 5. Show mercy |
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Royal Prerogative (written sources) |
Constitution Act Letters Patent Cabinet Manual |
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Personal Prerogatives of the Sovereign |
Personal inviolability Royal revenue: No tax on their income Property rights Continuous existence 'Front of all honour'
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Political Prerogatives of the Sovereign |
Right to be consulted, encourage and to warn (Letters patent) Appointment & dismissal of ministers (LP) Summoning, proroguing & dissolving Parliament (Constitution Act) Asset to bills (constitution act) |
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Judicial Prerogatives of the Sovereign |
Appointment of judges Mercy (LP) Conduct of foreign affairs Emergency power Defence of the realm |
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Case of Proclamations |
New prerogative power cannot be created |
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British Broadcasting v Johns |
Nor can existing prerogatives be extended |
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AG v De Keyser's Royal Hotel |
Prerogative powers can be adapted to new situations to keep up with the times |
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Caretaker Convention 1 |
When it is clear who the next govt. will be, the outgoing govt. must continue as a caretaker. Must not initiate new policies, must act on advice of incoming govt on matters of signficance |
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Caretaker Convention 2 |
Not clear who the next govt. will be, incumbent remains in office. Must operate as a caretaker, do day to day functions either defer long time issues or consult with other parties |
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Ministers |
Should not have conflicts of interest Public service neutrality Independence of the AG from Cabinet/Ministerial Interference Secrecy of the budget Responsible for good and bad |
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State Owned Enterprises (SOE Act 1986, S4) |
Principal objective is to be a successful business Be profitable and efficient Sense of social responsibility
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Crown Entities (Crown Entities Act 2004) |
Aims to provide a consistent framework for governance and operation of 'crown entities' and accountability between CE's, Ministers and the House. All have statues that establish their responsibility Ministers oversee and manage the Crown's interest in them
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Declaratory Judgements Act 1908 |
A person can apply for a declaratory judgement as to test the validity of any legal document - judgements are discretionary and binding. Can be anticipatory |
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Public Interest Immunity |
Excludes material and documents the disclosure of which would harm the public interest |
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Ombudsmen |
Constitutional watchdogs No legal consequences from their findings Make recommendations with status Provide redress, improve standards and accountability
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Ombudsmen Act 1975 - S 13 |
Looks at any decision, recommendation, act or omission. Has to be related to administration or its personal capacity
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Auditor General |
Public Watchdog, overseeing the use of public resources by public entities from a financial and organisational perspective |
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Official Information Act 1982 - S4 |
Progressively increase availability, participation, accountability Provide access to person OI Protect in public interest, personal privacy |
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'Official Information' |
Information that is held by a department or minister (a specific place) That's what it makes it official (that it is being held) |
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Privacy Act 1993 |
Promote and protect individual privacy Establishes 12 principles and the access allowed by individuals to information about themselves |
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Constitutional Conventions |
Upholding responsible govt. rule of law and democracy But not law, no legal sanctions for breach |
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Conventions for a change of govt. |
Govt. to resign if defeated at a general election Resign or request a dissolution of Parliament Fresh elections if defeated on a confidence vote |
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Byng/King |
GG Byng's persistent refusals to PM King's request for a dissolution and his subsequent acquiescence to opposition leader's request, led to criticism he was not impartial |
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Kerr/Whitlam |
GG Kerr's pre-emptive dismissal of the Whitlam govt. has been described as the 'greatest political and constitutional crisis in Aus. history' |
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Jean/Harper |
GG Jean controversially granted PM Harper's request for an early prorogument of Parliament enabling him to avoid a planned confidence vote and thereby saving his govt. |
