After receiving Colin's paper, Andrew Ladley, then director of the Institute for Policy Studies, wrote an assessment of the changing constitutional understanding of parliament and its role with colleague Nicola White. In late 2009, Jonathan Boston, the current director of the Institute for Policy Studies, instructed me to take the available material and complete a manuscript for publication.
Introduction
The public service is one of the groups that interacts with parliament in the overall government process. All civil servants are non-political members of the executive branch, so they are not involved in the political competition.
Principle, Contest and Clash
The basics
But in dealing with these practical day-to-day events, they often unconsciously play roles driven by three elements: constitutional principles, political struggle, and the cultural clash between the political and the non-political. Finally, this part introduces the different cultures that have emerged in Parliament and civil service (partly as a result of respect for constitutional principles) and the confusion and clash that can arise when the two cultures meet.
Constitutional Principles Come from History
Similarly, there were initially restrictions on the full legislature of the New Zealand General Assembly. The development of state services in New Zealand lagged behind the process in Britain and then took a leap.
The Iron Rule of Political Contest
It is difficult to exaggerate the importance and impact of the Official Information Act 1982 on the iron rule. There is great comfort for a prime minister to have in front of him in the House of Representatives a leader of the opposition who is vulnerable.
The Everyday Paradox
Moreover, the process of the iron rule and the everyday paradox put pressure on officials. The underlying point is that the pressure of the everyday paradox can be endured as long as the civil servant shows respect for parliament.
Parliament is Sovereign
Or so they say
It's a good idea that everyone should obey the law, but the need is much stronger for those who work for the government, because of the confusion and danger they can cause if they ignore the law. It is not enough for civil servants to be controlled by a democratically accountable government; they must obey the law. It is not necessary to be a lawyer to do that, but it is helpful to have a basic understanding of what the law entails and how it comes about.
If officials are to obey the law, they must have some understanding of the role of the courts. This may seem like a distraction from the core theme of the relationship between officials and parliament, but it is not. It is only by understanding Parliament's relations with the courts that the law can be understood.
Who Makes the Law?
This process takes place regardless of whether there is any ambiguity about the law.47. Initially, a lawyer will usually work for a firm (or a corporation or a government department), gaining experience in a particular area of law. An example of the deference shown to judges can be seen at the first-ever substantive hearing of the new Supreme Court.
This led parliament to enact the powers and protections of the New Zealand Security and Intelligence Act 1969. The judge considered how the Protection of Flags, Emblems and Names Act 1981 could be interpreted in light of the free speech provisions in the Bill of the New Zealand Bill of Rights 1990. An examination of the report to the minister proposing dissolution shows that the court was right.77.
Who Is in Charge Here?
Parliament is supreme and the function of the courts is to interpret the law as laid down by Parliament. The previous section illustrated the ability of courts to interpret the law to protect rights. Most of the rest of the analysis has focused on the development of democracy - the consent of the people.
He favored the idea of 'sovereignty of the people' with parliament and the courts both working 'in the democratic service of the people'. In general, the power of parliament to legislate and the obligation of the courts to uphold that law is not questioned. The constitution is not static; it is continuously made through the actions of office holders, the passing of legislation and the decisions of the courts.
Who Makes Things Happen?
They are the political directors of government, with oversight and responsibility, but government is a much larger and diverse thing. Given the importance of the executive, it is not surprising that the iron rule drives parliamentarians to fight for control. And if it is not entirely clear what today's conventions are, it is even less clear how they arise.
In 2001, he was a senior member of the government and got his wish, but it wasn't a pretty sight. Instead, control of the executive is the responsibility of ministers, who are accountable to parliament. The role of the non-political public service, including the military, is to serve the government in office.
Who Controls Parliament?
Parliament's function would be seriously impaired if it could not receive information whenever it wanted. 147 In the media, the committee is commonly referred to as 'parliament's powerful privilege committee', but although the alliteration is seductive, this is not its correct name. Parliament's powers are derived from those enjoyed by the House of Commons in 1865, the year Parliament assumed its privileges.
Although a private creditor may resort to the courts to enforce payment, the courts may not confirm Parliament's power to fine. Even if the civil servant had no need to deal directly with Parliament, the burden of Parliament's wrath would destroy working relations. Parliamentary privileges are important and are particularly important to anyone who regularly deals with Parliament.
Parliament in Action
First, the parliament makes the government of the day; the parliament provides the cabinet and ministers who lead the work of the executive. Fourthly, parliament investigates government action; regular reviews enable parliamentarians to hold the government to account. Fifth, the parliament represents the people; that is, members of parliament assist their constituents in their dealings with the government.
These functions are provider of government, approval of legislation, consent to taxes and public expenditure, review of executive government and representation of government and the people. It is the democratic mandate of parliament that gives the entire government its moral authority. It is through the exercise of this mandate that the parliament provides the means for the functioning of the entire government; this is particularly clear when considering the executive.
Making Governments
The resolution of this issue was at the root of the interim convention, which required an outgoing prime minister to act at the request of a new prime minister. The focus of the following case study is not on the political machinations, but on the role officials play during the negotiations. There may be several reasons why politicians have found it expedient to act without relying on the words of the best and brightest people in the public sector.
The National Party's decision to offer Winston Peters the position of treasurer in 1996 appears to have tipped the scales in the formation of this coalition government once and for all. This is a perfectly good thing; public knowledge of the work of officials is very useful. But they have the same voting rights as all other members of the public in choosing government officials.
Making Laws
One of the first steps is to get the bill on the government's legislative program. The task of organizing the government's legislation rests with the Leader of the House of Representatives, supported by the Legislative Coordinator, an official based in the Cabinet. In late 2009, a search of the government website revealed the existence of the Brokers Authority.
The Select Committee reported back on 6 June 2008 after making significant revisions to the Bill; a word count shows the committee changed 25% of the bill. As with the example of the real estate agents bill, conditions outside the scope of the bill cannot be added. The concern expressed here is not about the content of the argument, it is about the process.
Funding Governments
But when the government does this, with the democratic consent of the people's representatives in parliament, it is called taxation. The democratic control of the government's power to impose taxes is an essential function of parliament. But the parliamentary procedure is only part of the point; what if the government loses the motion.
But of the 18 speeches in the debate, only four gave any serious consideration to the. The performance of the parliament as a whole can be seen in the quality of the major debates. He focused on the fiscal position and the implications of the prospect of years of deficits.
Scrutinising Government
This is largely due to hard working staff in the office of the Clerk of the House. The IRD has assembled a small team of approximately eight people (including two lawyers provided by the Crown Law Office) to handle all aspects of the department's response to the inquiry. In the interest of natural justice, the committee provided those submissions to the IRD before the public hearings.
A valuable source of information on the impact of the survey is the IRD's annual internal management document, the Health Report. The IRD has one of the largest computer systems in the country, handling complex transactions of great importance to every taxpayer. In the same survey, taxpayers were asked whether their decision to comply with their tax obligations was influenced by their view of the IRD's fairness towards businesses.
