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Governance in a hybrid system

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Models of governance ina hybrid system
John HalliganACT Centenary WorkshopANZSOG Institute for Governance20 August 2013
Models
City-state modelCombination oflocal and stategovernmentWestminster modelDivisionof powers between thelegislative,executive and judicialbranchesand associated the institutions associated with them eg cabinet governmentCapital city modelA contrivance forthe Australian nation, whichaddresses the attributes of the capital & entailsshared responsibilities with theCommonwealth
Other variations
No head of state (eg administrator)JurisdictionalstatusACT retains the status of a territory rather than a state within the federation, lacking its level of independenceCommonwealth retains right to disallow legislationUse of Hare-Clark for electionsModified Westminster
Two questions
1.Institutionaldesign?Conflicted models:ACT embraces, to an unusualextent different, even contradictory principles. This fusionof elements makes for tensions between principles ofgovernance2. Governability?Theoverall capacity for governance of asystemQuestions about the qualityofgovernance, and ofgoverning and being governedImplications forDeliberative governanceExecutive governanceLocal governance
Formal institutional changes
Institutionalisation in first quarter
Stability of Leg Assembly membershipCommittee systems of AssembliesStability of executive (lower turnover)ACT public service
Legislature
Responsible for provision of a government (under Westminster) & other standard rolesOperating on a small scale with 17 membersSet of seven standing committees, plus select committees (8thAssembly)Currently committees of 4 MLAs; previously odd numbers (3 in 7thAssembly)Loss of ability to initiate inquiriesModified Westminster displayed through legislative behaviour enabled by minority government including success rate of private members bills & committee innovations
Executive
Chief minister plus four ministersResponsibilities of individual ministersMultipleportfolio responsibilitiesCOAGChief minister also performs roles in lieu of a governor or administratorSpan of controloverallOpen government
Administration
Public service hasarecord of modernisation in its short historyRenewal program post-Hawke reviewMunicipalising administrationIntegrationand joinedupBigcity administration, but…UnitarysystemWhole of government approachEnabled to handle vertical&horizontal questionsSense of coherence: One APS–OneACT
Local government in the city state
Recognises municipalfunctions, but narrow, traditional Australian conceptionDedicated minister and directorate within ACT administration (TAMS)Lack of local governanceNo strong sense of areal representationCommunity councils(7)‘not Local Government bodies’(Canberra Connect)Development/progressassociations?Comparisonswith historic city-states and how theyhave handledthe two
Governability& design deficits
Executivegovernment–Complexitiesand demands of smallexecutive– Poolof candidates for ministerial office2. Administration– Capacity to handle the demands of a state (and local government): resources shortfall3.Legislature– Smalllegislature and representation–Useof legislative model while amunicipality and state4. Recognition oflocal/community dimensionWestminster superimposed on a municipality
Summation
Conclusions& continuingtensions
Capacity to innovate is also the source of constraintFit for purpose? (cf Hawke)Citystate – not realised?Capacity to change and be innovativeBoth a source of creativity and a constraint on actionAmix of opportunities &challenges including capacity questions that derive from both the scale and the organisation ofgovernment
Selective sources
ACTPS ReviewGoverning the City State: One ACT Government – One ACT Public Service, Canberra, 2011.BerryMLA, Wayne, ‘Rating the ACT. Legislative Assembly: Is “A Minus” good enough?’The ParliamentarianIssue 4, 2008: 305-13.Halligan, J.and R. Wettenhall (2000) ‘Ten Years of Self-government’, in J. Halligan and R. Wettenhall (eds)A Decade of Self-government in the Australian Capital Territory, Centre for Research in Public Sector Management, University of Canberra.Halligan, J. (2011) An Assessment of the Performance of the Three Branches of Government in ACT Against Latimer House Principles, report to theStanding Committee on Administration and Procedure of the ACT Legislative Assembly, Canberra.Pettit, P. (2000) ‘Three Problems with ACT Governance’, in ‘The ACT Model: An Analysis’, in J. Halligan and R. Wettenhall (eds)A Decade of Self-government in the Australian Capital Territory, Centre for Research in Public Sector Management, University of Canberra.

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Governance in a hybrid system