Caretaker Conventions in Australasia

Caretaker Conventions in Australasia
Author: Anne Tiernan
Publisher: ANU E Press
Total Pages: 105
Release: 2014-10-01
Genre: Political Science
ISBN: 1925021939

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.

Constitutional Conventions in Westminster Systems

Constitutional Conventions in Westminster Systems
Author: Brian Galligan
Publisher: Cambridge University Press
Total Pages: 289
Release: 2015-08-04
Genre: Law
ISBN: 1316352420

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.

The Veiled Sceptre

The Veiled Sceptre
Author: Anne Twomey
Publisher: Cambridge University Press
Total Pages: 913
Release: 2018-04-26
Genre: Law
ISBN: 1108563635

This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.

The Constitution of Victoria

The Constitution of Victoria
Author: Greg Taylor
Publisher: Federation Press
Total Pages: 600
Release: 2006
Genre: Law
ISBN: 9781862876125

"[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.

The Oxford Handbook of the Australian Constitution

The Oxford Handbook of the Australian Constitution
Author: Cheryl Saunders
Publisher: Oxford University Press
Total Pages: 1198
Release: 2018-03-01
Genre: Law
ISBN: 0191058319

Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

The Constitution of New South Wales

The Constitution of New South Wales
Author: Anne Twomey
Publisher: Federation Press
Total Pages: 966
Release: 2004
Genre: Law
ISBN: 9781862875166

Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.

Constitutional processes following a general election

Constitutional processes following a general election
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
Total Pages: 72
Release: 2010-03-29
Genre: Political Science
ISBN: 9780215545572

Constitutional processes following a general Election : Fifth report of session 2009-10, report, together with formal minutes, oral and written Evidence

Inside the Campaign

Inside the Campaign
Author: Alex Marland
Publisher: UBC Press
Total Pages: 263
Release: 2020-05-01
Genre: Political Science
ISBN: 0774864699

Political leaders are the public face of a party during an election campaign. But what type of work is conducted behind the scenes by lesser-known party members attempting to propel their leaders to victory at the federal level in Canada? Inside the Campaign is a behind-the-scenes look at the people involved in an election campaign and the work they do. Each chapter reveals how campaign staffers, as well as by those covering and organizing election-related events, perform their duties and overcome obstacles during the heat of a campaign to get their respective leaders elected. Practitioners and political scientists collaborate to present real-world insights that demystify over a dozen occupations, including campaign chairs, fundraisers, advertisers, platform designers, communication personnel, election administrators, political staff, journalists, and pollsters. Inside the Campaign provides an inside look at, and unparalleled understanding of, the nuts and bolts of running a federal campaign in Canada.

HC 1023 - Government Formation Post-Election

HC 1023 - Government Formation Post-Election
Author: Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
Publisher: The Stationery Office
Total Pages: 45
Release: 2015
Genre: Political Science
ISBN: 0215085639

Opinion polling has consistently indicated the likelihood of an election result with no overall majority. This means it is likely there will be a negotiation period for the formation of a potential coalition Government or a Government supported on a confidence and supply arrangement. This inquiry was to provide guidance to the public on what to expect in the government formation process in a Parliament with no overall majority. The key issues are that: the negotiation period in 2015 is likely to be longer than in 2010; a Prime Minister who is unlikely to be able to form a new administration is nevertheless likely to remain in office until it is clear that another administration can form a Government which can command the confidence of the House of Commons; if there is no parliamentary majority to support the current administration, it will nevertheless continue in office on a caretaker basis until a new government is formed. The Committee believes it is wrong that Parliament may not have its first meeting after the election until after a new administration has been appointed. They consider that it is wrong in principle that the decision on the date of Parliament's return should be in the hands of the Prime Minister, and recommend that the date of Parliament's first meeting after a General Election should be put on a statutory basis. Parliament should return as soon as possible, and in any case the Prime Minister should set the date for Parliament's return following the General Election for Monday 11 May 2015.

How Power Changes Hands

How Power Changes Hands
Author: Paul ''t Hart
Publisher: Springer
Total Pages: 263
Release: 2011-01-27
Genre: Political Science
ISBN: 0230306438

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.