A comprehensive review and analysis of the exercise of the reserve power in countries that have Westminster systems.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Cover; Half-title; Series information; Title page; Copyright information; Dedication; Table of contents; Preface; Table of cases; Cases; Table of statutes; Australia; Canada; Irish Free State; New Zealand; Newfoundland; Papua New Guinea; South Africa; Tonga; United Kingdom; List of abbreviations; 1 Prerogative and Reserve Powers; Introduction; Prerogative powers and reserve powers; The abrogation of prerogative and reserve powers; The classification of the reserve powers; The principle of the rule of law; The principle of the separation of powers; The principle of necessity. The principle of representative governmentThe principle of responsible government; Ministers must be responsible to Parliament; There must always be a government in place; The head of state acts upon the advice of responsible ministers; Must ministerial responsibility be taken for exercises of the reserve powers?; Conventions; The sources of conventions; The test for a convention; The flexibility of conventions; The value of conventions and precedents; Relevant conventions; Lack of use does not mean the reserve powers have ceased to exist; The head of state as guardian of the Constitution. The codification of reserve powers2 Advice to and from the Head of State; Responsible government and advice; Express provisions concerning acting on advice; Deeming a head of state to have acted according to advice; Power to request the reconsideration of advice; When receiving advice is impracticable; The effect of advice from responsible ministers; The different types of 'advice'; Formal binding advice; Advice by ministers; Advice by the Houses of Parliament; Advice by judicial bodies; Advice by the Attorney-General; Informal non-binding advice; The need for legal and constitutional advice. Advice on factual and political matters Party elders and party caucusesAdvice by the Solicitor-General; Advice by judges; United Kingdom; Rhodesia; Australia; New Zealand; Canada; Grenada; St Kitts and Nevis; Fiji; Advice by former office-holders; Advice by academics and practitioners; Sources of information upon which an exercise of discretion may be based; Uncertainty as to who should advise the head of state; Conflicting advice; Advice after a coup d'état or revolution; Rhodesia 1965; Sierra Leone 1967; Grenada 1979 and 1983; Fiji 1987; Acting without advice. The rights to be consulted, encourage and warnBagehot's formulation and its subsequent variation; The right to be consulted and informed; The right to encourage and warn; The right to advise; The right to delay acting on advice; A duty to counsel, encourage, warn and advocate policy positions?; The fine line between rejection of advice and persuasion to drop advice; 3 Appointment of the Chief Minister; Commission to form a government; Reserve power of appointment; Advice by the outgoing chief minister; United Kingdom; Canada; New Zealand; India; Australia.