Government House, Canberra | |
Council overview | |
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Formed | 1901 |
Jurisdiction | Commonwealth of Australia |
Headquarters | Government House, Canberra |
Council executive |
The Federal Executive Council is a body established by section 62 of the Australian Constitution to advise the governor-general of Australia, [1] [2] on the matters of the federal government. The council comprises, at least notionally, all current and former Commonwealth ministers and assistant ministers. As the Governor-General is bound by convention to follow the advice of the Executive Council on almost all occasions, the Executive Council has de jure executive power. [3] In practice, this power is used to legally enact the decisions already made by Federal Cabinet, due to the practices of the Westminster system making the cabinet a de jure authority in its own right. [3] [4]
There are some laws that specifically require decisions or actions to be made by the "Governor-General in Council", which means that they must be effected by the Governor-General in the presence and with the authority of the Executive Council, as opposed to by a minister acting alone. The matters that are typically required to be dealt with by the Governor-General in Council include:
The Australian Federal Executive Council is the equivalent of executive councils in other Commonwealth realms, and is similar to the privy councils of Canada and the United Kingdom (although unlike the UK privy council, the Leader of the Opposition is not typically a member). [4]
The Australian Federal Executive Council formally consists of all current and former Commonwealth Ministers and Assistant Ministers (previously called parliamentary secretaries). [2] Members of the Executive Council are referred to as Councillors and are entitled to the style 'The Honourable' for life. [2] Section 64 of the Constitution stipulates that when a Minister is appointed, that Minister shall also become a member of the Executive Council. [2] [5] There is no provision for such membership to come to an end, but only those Ministers in the current ministry who are invited to take part in meetings are in practice actually involved in Council activities. [2]
The Governor-General presides over meetings of the Executive Council but is not a member. [2] A member of the Cabinet is appointed to hold the position of Vice-President of the Executive Council to act as presiding officer of the Executive Council in the absence of the Governor-General, [6] at no additional salary or allowance. However, the vice-president cannot sign Executive Council documents on behalf of the Governor-General.
The Governor-General has the power to dismiss any member of the Executive Council, but that power is rarely exercised in practice. It might be exercised if, hypothetically, a minister or former minister were convicted of a serious criminal offence. One notable case was that of the Queensland Senator Glen Sheil. Malcolm Fraser's government was re-elected at the 1977 election on 10 December, and on 19 December he publicly announced the ministry he would be recommending to the Governor-General, which included Senator Sheil as the new Minister for Veterans' Affairs. Sheil was sworn in as an Executive Councillor but, prior to the scheduled swearing-in of the Ministry, he made public statements about apartheid that were at odds with the government's attitude to the issue. Fraser then advised Governor-General Sir Zelman Cowen not to include Sheil in the ministry—advice that Cowen was required by convention to follow. Sheil's appointment as an Executive Councillor without portfolio was terminated on 22 December. [7]
Meetings of the Executive Council do not require the Governor-General's attendance, but the Governor-General must be notified of the meeting in order for it to be valid. A quorum for meetings is the Governor-General and two serving ministers or assistant ministers. If the Governor-General is not in attendance, quorum is the vice-president and two serving ministers or assistant ministers. In the absence of the vice-president, quorum is three ministers, one of whom, a senior minister, will preside. In practice, meetings will only be attended by a small number of Councillors rather than the full Cabinet. [2]
Most of the powers vested in the Governor-General, such as appointments and the authorisation of budgets, are exercisable only by "the Governor-General in Council" – that is, under advice from the Federal Executive Council. The Council acts as a formal ratification body for decisions of the Cabinet. In a parallel manner to the Royal Assent given to legislative Acts by the Governor-General after they have passed both Houses of Parliament, proposed executive actions will receive the approval of the Governor-General in Council after they have been agreed to by the Prime Minister and Cabinet. [2]
An example of a Federal Executive Council meeting which the Governor-General presided over was the meeting on 11 September 2022, when the Executive Council advised the Governor-General David Hurley to proclaim Charles III as the new head of state of Australia. [8] [9] The proclamation of Charles III was an example of a power exercisable only by the Governor-General in Council.
The governor-general of Australia is the representative of the monarch of Australia, currently King Charles III. They have many constitutional and ceremonial roles in the Australian political system, in which they act independently, not as monarch's delegate or agent. They also have a significant community role, through recognising meritorious individuals and groups, and representing the nation as a whole. The current governor-general is Sam Mostyn.
Politics in Jamaica takes place in the framework of a representative parliamentary democratic constitutional monarchy. The 1962 Constitution of Jamaica established a parliamentary system whose political and legal traditions closely follow those of the United Kingdom. As the head of state, King Charles III - on the advice of the Prime Minister of Jamaica - appoints a governor-general as his representative in Jamaica. The governor-general has a largely ceremonial role, with their parliamentary function consisting simply of granting royal assent to bills which have passed Parliament. Jamaica constitutes an independent Commonwealth realm.
The Westminster system, or Westminster model, is a type of parliamentary government that incorporates a series of procedures for operating a legislature, first developed in England. Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is separate from the head of government. The term derives from the Palace of Westminster, which has been the seat of the Westminster Parliament in England and later the United Kingdom since the 13th century. The Westminster system is often contrasted with the presidential system that originated in the United States, or with the semi-presidential system, based on the government of France.
In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in a presidential system of government, the head of state is generally constrained by the cabinet or the legislature in a parliamentary system, and most reserve powers are usable only in certain exceptional circumstances.
The Executive Council of New Zealand is the full group of "responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio.
The King's Privy Council for Canada, sometimes called His Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the monarch of Canada on state and constitutional affairs. Practically, the tenets of responsible government require the sovereign or his viceroy, the governor general of Canada, to almost always follow only that advice tendered by the Cabinet: a committee within the Privy Council composed usually of elected members of Parliament. Those summoned to the KPC are appointed for life by the governor general on the advice of the prime minister of Canada, meaning that the group is composed predominantly of former Cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style and post-nominal letters, as well as various signifiers of precedence.
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, executive power was vested in the Governor-General on behalf of the King. In practice, however, it was the Council that governed, since the Governor-General was bound to act on its advice. The Executive Council included a prime minister called the President of the Executive Council and a deputy prime minister called the Vice-President. A member of the Council was called an executive minister, as distinct from an extern minister who had charge of a department without being in the Council.
The Cabinet of Australia, also known as the Federal Cabinet, is the chief decision-making body of the Australian government. The Cabinet is selected by the prime minister and is composed of senior government ministers who administer the executive departments and ministries of the federal government.
The Executive Council of Alberta is a body of ministers of the Crown in right of Alberta, who along with the lieutenant governor, exercises the powers of the Government of Alberta. Ministers are selected by the premier and typically sit as a member of the Legislative Assembly (MLA). It is the provincial equivalent to the federal Cabinet of Canada.
Ministers in the New Zealand Government are members of Parliament (MPs) who hold ministerial warrants from the Crown to perform certain functions of government. This includes formulating and implementing policies and advising the governor-general. Ministers collectively make up the executive branch of the New Zealand state. The governor-general is obliged to follow the advice of the prime minister on the appointment and dismissal of ministers.
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria.
The Government of Western Australia is the Australian state democratic administrative authority of Western Australia. It is also commonly referred to as the WA Government or the Western Australian Government. The Government of Western Australia, a parliamentary constitutional monarchy, was formed in 1890 as prescribed in its Constitution, as amended from time to time. Since the Federation of Australia in 1901, Western Australia has been a state of the Commonwealth of Australia, and the Constitution of Australia regulates its relationship with the Commonwealth. Under the Australian Constitution, Western Australia ceded legislative and judicial supremacy to the Commonwealth, but retained powers in all matters not in conflict with the Commonwealth.
The Australian Government, also known as the Commonwealth Government or the Federal Government, is the national executive government of the Commonwealth of Australia, a federal parliamentary constitutional monarchy. The executive government consists of the prime minister and other ministers that currently have the support of a majority of members of the House of Representatives and in some contexts also includes the departments and other executive bodies that ministers oversee. The current executive government consists of Anthony Albanese and other Australian Labor Party ministers, in place since the 2022 federal election.
The Vice-President of the Executive Council is the minister in the Government of Australia who acts as the presiding officer of meetings of the Federal Executive Council when the Governor-General is absent. The Vice-President of the Executive Council is appointed by the Governor-General on the advice of the Prime Minister of Australia, and serves at the Governor-General's pleasure. The Vice-President is usually a senior minister in Cabinet, who may summon executive councillors and preside at council meetings when the Governor-General is not present. However, the Vice-President cannot sign Executive Council documents on behalf of the Governor-General.
The King-in-Council or the Queen-in-Council, depending on the sex of the reigning monarch, is a constitutional term in a number of states. In a general sense, it refers to the monarch exercising executive authority, usually in the form of approving orders, on the advice of the country's privy council or executive council.
An executive council is a constitutional organ found in a number of Commonwealth countries, where it exercises executive power and (notionally) advises the governor, governor-general, or lieutenant governor, and will typically enact decisions through an Order in Council. In several Commonwealth countries, the executive council is usually referred to as the cabinet. However, the use of the word cabinet as a synonym for the executive council is not universally practised throughout the Commonwealth of Nations, with some Commonwealth countries using the term cabinet to refer to a distinct group of high-ranking officials.
The politics of Australia operates under the written Australian Constitution, which sets out Australia as a constitutional monarchy, governed via a parliamentary democracy in the Westminster tradition. Australia is also a federation, where power is divided between the federal government and the states and territories. The monarch, currently King Charles III, is the head of state and is represented locally by the Governor-General of Australia, while the head of government is the Prime Minister of Australia, currently Anthony Albanese.
The Executive Council of New South Wales is the cabinet of that Australian state, consisting of the Ministers, presided over by the governor.
The Executive Council of Queensland is the body through which the Premier and Ministers advise the Governor on the exercise of executive powers.
Chapter II of the Constitution of Australia establishes the executive branch of the Commonwealth of Australia. It provides for the exercise of executive power by the Governor-General of Australia advised by a Federal Executive Council.