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The Governor-General’s Role in the Formation of Government in a Hung Parliament


Anne Twomey


University of Sydney - Faculty of Law

August 27, 2010

Sydney Law School Research Paper No. 10/85

Abstract:     
Convention requires the Governor-General to commission as Prime Minister the person who holds the confidence of the lower House. When there is a hung Parliament and no party has a majority in the lower House, the Governor-General's role becomes more controversial. This article identifies and analyses the conventions that apply in these circumstances. It considers the benefits of incumbency, whether the Governor-General must act on the advice of the outgoing Prime Minister, who the Governor-General calls upon to form a government if the Prime Minister resigns, the relevance of constructive motions of no confidence and whether the Governor-General should take into account matters such as the popular vote or broken election promises. The article then analyses two controversial cases of the formation of government in hung Parliaments in Tasmania in 1989 and 2010 and contends that these precedents should not alter the well-established constitutional conventions.

Number of Pages in PDF File: 26

Keywords: hung Parliament, reserve powers, Governor-General, Crown, minority government, coalition government, resignation of Prime Minister, constitutional conventions, Constitution, formation of government, no confidence motions, elections, prerogatives, election promises

JEL Classification: K10, K30

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Date posted: August 27, 2010  

Suggested Citation

Twomey, Anne, The Governor-General’s Role in the Formation of Government in a Hung Parliament (August 27, 2010). Sydney Law School Research Paper No. 10/85. Available at SSRN: http://ssrn.com/abstract=1666697

Contact Information

Anne Twomey (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
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