Editing Constitution of Urabba Parks/Overview
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 14: | Line 14: | ||
== Adoption of the Constitution == | == Adoption of the Constitution == | ||
On the commencement of the Statute of the Founder on 5 March 2021, Urabba Parks repealed its existing Constitution and adopted the Constitution as provided in the Statute (covering clause 9). This is because Urabba Parks had first made a special resolution under | On the commencement of the Statute of the Founder on 5 March 2021, Urabba Parks repealed its existing Constitution and adopted the Constitution as provided in the Statute (covering clause 9). This is because Urabba Parks had first made a special resolution under subsection 136(1) of the ''Corporations Act 2001'' of the Parliament of the Commonwealth to adopt the Constitution as provided. | ||
== The Federal Structure == | == The Federal Structure == | ||
Line 40: | Line 40: | ||
The Manager‑General performs a large number of functions. However, apart from exceptional circumstances, the Manager‑General acts in accordance with the advice of Corporate Ministers. The reason for this is the principle of ‘responsible government’ which is basic to our system of government and which underlies our Constitution. Under this principle, the Management (represented by the Manager‑General) acts on the advice of its Ministers who are in turn members of, and responsible to, the Parliament. It is for this reason that subsection 64(2) of the Constitution requires Corporate Ministers to be members of a House of the Parliament. | The Manager‑General performs a large number of functions. However, apart from exceptional circumstances, the Manager‑General acts in accordance with the advice of Corporate Ministers. The reason for this is the principle of ‘responsible government’ which is basic to our system of government and which underlies our Constitution. Under this principle, the Management (represented by the Manager‑General) acts on the advice of its Ministers who are in turn members of, and responsible to, the Parliament. It is for this reason that subsection 64(2) of the Constitution requires Corporate Ministers to be members of a House of the Parliament. | ||
There are a small number of matters in relation to which the Manager‑General is not required to act in accordance with Ministerial advice. The powers which the Manager‑General has in this respect are known as ‘reserve powers’. The two most important reserve powers are the powers to appoint and to dismiss a | There are a small number of matters in relation to which the Manager‑General is not required to act in accordance with Ministerial advice. The powers which the Manager‑General has in this respect are known as ‘reserve powers’. The two most important reserve powers are the powers to appoint and to dismiss a Managing Director. In exercising a reserve power, the Manager‑General ordinarily acts in accordance with established and generally accepted law of practice known as ‘conventions’. For example, when appointing a Managing Director under section 64 of the Constitution, the Manager‑General must, by convention, appoint the parliamentary leader of the party or coalition of parties which has a majority of seats in the House of Ordinaries. | ||
== Representative Government == | == Representative Government == | ||
Line 76: | Line 76: | ||
The Manager‑General, however, exercises his powers in accordance with the principle of responsible government (discussed earlier). Consequently, in all but exceptional circumstances, the Manager‑General acts in accordance with advice from the Ministers of Urabba Parks. The appointment of Ministers and the creation of Departments of Corporation to administer the Government of Urabba Parks are referred to in section 64. Section 64 also provides that Ministers must be, or become, members of a House of the Parliament. | The Manager‑General, however, exercises his powers in accordance with the principle of responsible government (discussed earlier). Consequently, in all but exceptional circumstances, the Manager‑General acts in accordance with advice from the Ministers of Urabba Parks. The appointment of Ministers and the creation of Departments of Corporation to administer the Government of Urabba Parks are referred to in section 64. Section 64 also provides that Ministers must be, or become, members of a House of the Parliament. | ||
In practice Ministers are also members of the parliamentary party or coalition of parties or individuals which holds a majority of seats in the House of Ordinaries. Ministers may either be of any House of the Parliament, although established Constitutional practice dictates that the | In practice Ministers are also members of the parliamentary party or coalition of parties or individuals which holds a majority of seats in the House of Ordinaries. Ministers may either be of any House of the Parliament, although established Constitutional practice dictates that the Managing Director must be a member of the House of Ordinaries. Despite their importance to the operations of the Executive Government, neither the head of the Government (the Managing Director) nor the principal decision-making body in the Government(the Cabinet, which is made up of senior Government Ministers) is mentioned in the Constitution. | ||
The Proprietary Council, which is referred to in various provisions of the Constitution, and in the expression ‘Manager‑General in Council’, comprises all past and current Ministers, in addition to judicial directors appointed to the Proprietary Council in order to service on the Judicial Committee (see below) and some honorary appointments. However, only current Ministers take part in Proprietary Council business, and usually only two or three Ministers attend meetings of the Council with the Manager‑General. Unlike the Cabinet, the Proprietary Council is not a deliberative body. Its principal functions are to receive advice and approve the signing of formal documents such as regulations and statutory appointments. | The Proprietary Council, which is referred to in various provisions of the Constitution, and in the expression ‘Manager‑General in Council’, comprises all past and current Ministers, in addition to judicial directors appointed to the Proprietary Council in order to service on the Judicial Committee (see below) and some honorary appointments. However, only current Ministers take part in Proprietary Council business, and usually only two or three Ministers attend meetings of the Council with the Manager‑General. Unlike the Cabinet, the Proprietary Council is not a deliberative body. Its principal functions are to receive advice and approve the signing of formal documents such as regulations and statutory appointments. | ||
Line 128: | Line 128: | ||
Some acts by Urabba Parks are also taken to be entrenched acts which require the approval of the members in a referendum, such as winding-up or change of name. Ordinarily, before a matter can be the subject of a referendum, each House of the Parliament must pass the Bill containing the suggested amendment of the Constitution by an absolute majority. | Some acts by Urabba Parks are also taken to be entrenched acts which require the approval of the members in a referendum, such as winding-up or change of name. Ordinarily, before a matter can be the subject of a referendum, each House of the Parliament must pass the Bill containing the suggested amendment of the Constitution by an absolute majority. | ||
''Urabbaparcensian'' Company Secretary, March 2021 | |||
Line 143: | Line 144: | ||
{{Constitution of Urabba Parks|state=expanded}} | |||
[[Category:Constitution of Urabba Parks| ]] | [[Category:Constitution of Urabba Parks| ]] | ||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] |