Chapter 19 - Relations with the executive government
The Senate and the ministry
Section 1 of the
Constitution provides that the Parliament consists
of the monarch,
the Senate and the House of Representatives. The titular head of the executive
government is therefore also part of the legislature and joins in the exercise
of the legislative power. The monarch’s powers and functions are in effect
delegated to the Governor-General
(s. 2) whom the monarch appoints, usually
for a term of five years, on the advice of the government; in practice the
appointment is controlled by the prime minister.
Section 61 of the
Constitution vests the executive power of
the Commonwealth in the Governor-General representing the monarch, but in
practice that power is exercised by ministers appointed by the
Governor-General, who are members of the Federal Executive
Council, an advisory body
to the Governor-General, and who are required to be members of the Senate or
the House of Representatives (ss 62 to 64). This latter
requirement is the only reference in the Constitution to the practice of
responsible or cabinet government,
under which the ministry holds office so long as it retains the confidence of
the House of Representatives. In practice this means that the prime minister is
the leader of the party or coalition of parties which holds a majority in that
House, and the other ministers are members of that party or coalition nominated
by the prime
minister or selected by the party or coalition. Through its party
majority, the ministry controls the House of Representatives.
The tenure of office of the ministry is therefore not directly affected
by the composition or actions of the Senate, and the party
forming the ministry has not normally had a majority in the Senate. Ministers individually and
the ministry collectively,
however, are required by the Senate to be accountable to the Senate for their
policies and their conduct of the executive government. This accountability to
the Senate is provided for in the procedures of the Senate, and is imposed
through questioning of ministers, examination of government legislative
proposals, and inquiries into government activities.
This chapter examines relations between the Senate and the executive
government and the accountability of the executive generally. The scrutiny of
legislation and inquiries into government activities are examined in Chapters
12 and 13 on Legislation and Chapters 16 and 17 on Committees and Witnesses.
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