post parliamentary governance thesis

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Post parliamentary governance thesis

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Mallard, Alison Freedom under the law: right and revolution in Kant's theory of justice. Sowers, Thomas S. De Neve, Jan-Emmanuel C. Dineen, Katy A non-contingent concept of connectedness for cosmopolitanism. Leveringhaus, Alexander Christoph Killing to rescue? Gaining ministerial office allows the leading members of a political party to exercise executive power towards the ends they prefer. A minor party thus faces a stark choice; it can either agree to support a major one in government and thus gain some share of public power, or not do so and spend the parliamentary term on the opposition benches trying to remind the voting public of its existence.

Unsurprisingly, minor parties have preferred the former state of affairs to the latter. The success of the Labour and National Parties in negotiating and managing multiple support agreements with various minor parties after each MMP election then has enabled them to maintain cohesive and stable governments with sufficient parliamentary support to advance their policy agendas.

Such governments may not be quite as all-powerful as their first-past-the-post predecessors, but neither are they weak and divided entities held in thrall to the competing demands of the various component parties that permit their existence. The effective demise of single-party majority government has both changed and not changed the relationship of the executive branch of government to the legislature. In one obvious respect it has had a marked impact: government now must concern itself with the numbers in Parliament to a greater degree than previously.

The iron rule of Westminster constitutionalism—governments must obtain majority support in Parliament for all matters of confidence and money supply—not only dictates who can form the government after each election, but also applies to that government continuing in office. Whereas the combination of first past the post voting and strong party discipline made this parliamentary support a certainty, under MMP there always is the possibility that parties may change their allegiances and so bring a government down.

This possibility may be remote for reasons of practical politics, while as has been seen governing parties consciously seek relationships with multiple support parties to guard against it. Its mere existence does, however, change the way in which the executive government must approach the legislative branch.

Equally, under first past the post, a minister could be virtually certain that any legislation he or she proposed to Parliament would pass into law with the support of the members of his or her party colleagues. Under MMP, a more nuanced analysis replaces that near-certainty. A minister not only must convince the members of his or her own party that a given measure is desirable, but also must ensure there is sufficient support from other parliamentary parties for a majority at all legislative stages:.

The objective is still the same, namely for governments to have their bills enacted into law, but the way in which this outcome is achieved is fundamentally different. Ministers are no longer the omnipotent force they once were. Consultation and concession are now a vital component of implementing government policy through statute. This requirement for inter-party negotiation again requires that the executive branch focus its attention on the legislature to a greater degree than in the days of single party government.

A smaller party that routinely refuses to support its larger governing partner opens itself up to attack for impeding the machinery of government. Equally, as discussed, the major party in government usually negotiates support agreements from a range of smaller parties, so that even if one refuses to support some legislative measure there are other options available to give it a parliamentary majority.

On most occasions the government will be able to secure sufficient support in Parliament to pass its preferred measures into law, albeit with a degree of compromise as to the exact content of the legislation. The government also has complete freedom to decide which of its various legislative proposals Parliament will debate.

Out of this ballot, only four bills are available for a first reading at any time. While it is customary but not absolutely required 83 to refer proposed legislation to a select committee for a period of public submissions and scrutiny, the minister responsible for each Bill may effectively choose which committee to refer it to.

Although expected to perform her or his duties in a non-partisan fashion, the suspicion inevitably arises that on occasion the Speaker makes decisions that are intended to favor his or her own party. Finally, the government continues to possess the power to dissolve Parliament and call new elections at any time.

While MMP has helped free Parliament from its former state of complete vassalage to the executive, it is by no means its equal in the constitutional scheme of things. The expatriate New Zealand legal theorist Jeremy Waldron rather scathingly summarized matters in his homeland as follows:. Now, it is true that who controls the executive is determined by Parliament. But still I do not call that the sovereignty of Parliament: it is the sovereignty of a parliamentary executive, and that is something quite different.

In spite of the splintering effect of MMP, the executive branch continues to hold a dominant position over the legislature. While it cannot be sure of getting its way on everything that it wants, it can be reasonably certain of getting close to what it wants on most things. While a small but significant majority voted in to adopt a new MMP voting system because they wanted to punish and somewhat tame executive government, the New Zealand public still expects their governments to remain active.

This fact produces a somewhat dissonant public attitude towards MMP and its impact on parliamentary government. On the one hand, a referendum held alongside the general election saw some 58 percent of voters choose to retain MMP ahead of any other replacement electoral system. On the other hand, there is also evidence the public wants strong government and is wary of fragmentation in Parliament; for example, most of those surveyed preferred majority government and felt there were too many political parties in Parliament.

Individual voter behavior under MMP mirrors this desire to maintain a secure foundation for active government. Despite the fact that MMP permits a wider range of parties to enter Parliament, the major parties of the First Past the Post era—National and Labour—continue to receive a share of votes comparable to the last days of single party majority government. Around three-quarters of voters continue to support one of these historically dominant parties, wanting them to continue to exercise the major influence in any governing arrangement.

Furthermore, for New Zealand all political problems remain potentially central. Governments still are expected to respond to almost every matter of public concern. Such fixes can involve quite blunt assertions of public power. As previously discussed, 90 in a newly elected Labour-led Government delivered on a campaign promise to legislate to prohibit the commercial harvesting of native trees on state-owned land without compensation for timber millers thereby deprived of their livelihood.

After protracted negotiations between the government and other parties, this legislation was passed into law. In , the National-led Government disestablished an elected local government authority it believed was failing to adequately apportion water use rights to dairy farmers and replaced it with central government appointed commissioners. This legislation passed through all the stages of parliamentary debate in two days; 94 followed by a second enactment that extended the time these commissioners remained in place.

Six weeks after it struck, the government proposed to Parliament the Canterbury Earthquake Recovery Bill, which then was passed into law just three days later on a to 11 vote. This legislation empowers a government minister 96 and a new Canterbury Earthquake Recovery Authority, whose head is responsible to that government minister, 97 to effectively manage the city rebuild.

Not only can they override existing planning laws, 98 but they also have the power to require buildings be demolished 99 and that land be compulsorily sold to the Crown. Not all members of New Zealand society approved of these examples of governmental power. They were politically contentious, attracting criticism from opposition political parties and others.

Claims were made that each measure breached important constitutional principles. For one thing, following each of the examples above, the relevant government was returned to power in a subsequent election.

The majority of voters did not regard this sort of behavior as so beyond the pale that the actors responsible could not be trusted with political power. There was no significant support for a supreme fully entrenched written constitution, which empowers judges to strike down legislation and that can only be amended through specified processes. Support appears to lie, for now, with contested issues being decided in Parliament through the legislative process or other negotiated processes rather than by the courts.

Even as governments continue to deploy legislative power in sometimes-draconian fashion, New Zealanders on the whole remain content to leave political actors with the final say over virtually every issue in society. They may not want those actors to be as all-powerful as they once were, but by the same token, they apparently do not wish to neuter them any further. In many places, such a prospect would be horrifying. But in New Zealand, it seems to work. See , e. Transparency International, Corruption Perceptions Index 2 See, e.

John A. Griffith, The Political Constitution , 42 Mod. See John E. Wilson, New Zealand Sovereignty: , , or ? Westco Lagan Ltd. Cohler et al. Legal Stud. Walter Bagehot, The English Constitution 12 Matthew S. Jnl 1, 14 Lesley Zines, Constitutional Change in the Commonwealth 47 Scott, The New Zealand Constitution 8—9 Between and , no independent members of Parliament were elected, while only one other political party Social Credit was able to gain representation by winning one seat in both and , and two seats in both and Legislative Stud.

Joel D. The Labour Government responsible for beginning the economic reform process in was re-elected in with an increased share of the vote and larger majority in Parliament. Royal Commission on the Electoral System, supra note 43, at 63— Royal Commission on the Electoral System, supra note 43, at 57— John Parkinson, Who Knows Best?

Peters v. Boston, Innovative Political Management , supra note 63, at See, generally , Claudia Geiringer et al. Urgency in the New Zealand Legislative Process — See Geiringer et al. Geddis, supra note 52, at 43— Waldron , supra note 4, at 20— Attorney-General v.

For discussions of the potential effect of this ruling, see Richard Boast, Foreshore and Seabed 77— Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.

Sign In or Create an Account. Sign In. Advanced Search. Search Menu. Skip Nav Destination Article Navigation. Close mobile search navigation Article Navigation. Volume Article Contents Abstract. The transition to MMP. Parliamentary government under MMP—different, yet the same. Article Navigation. Email: andrew. Thanks to all who read and commented on versions of this article—you know who you are. Oxford Academic.

An observer schooled in the orthodoxies of constitutional-design best practice might expect to see some significant problems in terms of how public power in New Zealand is authorized and imposed.

Post parliamentary governance thesis Harrison, Sarah Ideological mis match? Poole, Ed Gareth Essays on the political economy of decentralization. Dasgupta, Paolo Subrato The independence of regulatory agencies in practice: The case of telecommunications regulators in the United Kingdom and France. Shochat, Sharon Oil and women's political participation: a sub-national assessment of the role of protests and NGOs in Nigeria. Kong, Camillia E. Bunker, Kenneth Coalition formation in presidential regimes: evidence from Latin America. So, the theory went, future teacher cover letter different parties to work together would post parliamentary governance thesis the rate at which government can act and limit what governments might do, without having to adopt any additional institutional arrangements or reevaluate the basic foundational principles of the constitutional order.
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Post parliamentary governance thesis Geddis, supra note 52, at 43— Sheen, Greg Chih-Hsin Three essays on media politics in democracies and autocracies. Post parliamentary governance thesis S. Pardinas, Juan E Decentralisation and budget accountability in the twilight of Mexican presidentialism. Baker, Jacqueline The rise of Polri: democratisation and the political economy of security in Indonesia. Kriel, Mariana Loose continuity: the post-apartheid Afrikaans language movement in historical perspective.

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