The Executive: The third arm of government

…and its role in sustaining good governance

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Outcomes

Institutions forming part of the Executive

Critically evaluate their role

Explain separation of powers

Explain role, discretion of enforcement

agencies

2

Constitution empowers three arms of government

Executive

Legislature

Judiciary

3

Features of Westminster system

Separation of powers

Responsible govt

4

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…

5

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

7

The crown plays a role in…

8

the courts

the parliamen

t

the executive

Crown = executive = government = the State

9

The monarch…

Power? Or symbolism?

10

The Governor-General,Governors have power to…

Assent Summon, prorogue, dissolve parliament Appoint ministers

Mercy

11

The Governor-Generalhas power to…

Command ADF Receive foreign dignitaries

Sign treaties

12

Governor must act on advice

13

*notable exception…

14

Executive Council

15

+ 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

18

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

20

No executive role; promotes

accountability

No executive role; promotes

accountability

Who is responsible to whom?

The people

Legislature

Department Ministers Cabinet

21

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Just how separate is the separation of

powers?

No structural separationMinister sits in parliament

Minister sits in cabinet

23

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

30

31

Sure, I exercise! I exercise discretion

.

Enforcement agencies exercise discretion

32

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

35

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

37

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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