Proprietary Council (Urabbaparcensia)
 | |
| Council overview | |
|---|---|
| Formed | 1901 |
| Headquarters | Urabbapolis |
| Council executive | |
Mister Enactor's Most Helpful Proprietary Council, known simply as the Proprietary Council is a body established by Section 62 of the Urabbaparcensian Constitution to advise the Manager-General of the Enactorate of Urabbaparcensia Proprietary Limited,[Constitution 1] and comprises, at least notionally, all current and former Corporate ministers. As the Manager-General is bound by convention to follow the advice of the Proprietary Council on almost all occasions, the Proprietary Council has de jure executive power. In practice, this power is used to legally enact the decisions already made by Cabinet, which according to the practices of the Westminster system has no de jure authority in its own right (it exists solely by convention and is not established by the constitution or any statute).
Manager-General in Council
There are some laws that specifically require decisions or actions to be made by the Manager-General in Council,[Constitution 2] which means that they must be effected by the Manager-General in the presence and with the authority of the Proprietary Council, as opposed to by a minister acting alone. The matters that are typically required to be dealt with by the Manager-General in Council include:
- the making of regulations
- appointing, renewing and removing statutory officers
- appointing judges
- determining the appropriate use of Crown land
- issuing proclamations.
The Proprietary Council is the equivalent of Proprietary Councils in the Commonwealth realms, and is based on the Federal Executive Council of the Commonwealth of Australia, similar to the privy councils of Canada and the United Kingdom (although unlike the UK privy council, the Leader of the Opposition is not typically a member).
Composition
The Proprietary Council of the Enactorate of Urabbaparcensia Proprietary Limited formally consists of all current and former Ministers of Corporation. Members of the Proprietary Council are referred to as Counsellors (although 'Councillors' may sometimes also be used), and generally hold the position for life. Section 64 of the Constitution stipulates that when a Minister is appointed, that Minister shall also become a member of the Proprietary Council.[Constitution 3] There is no provision for such membership to come to an end, but only those Ministers in the current ministry who are invited to take part in meetings are in practice actually involved in Council activities.
The Manager-General presides over meetings of the Proprietary Council but is not a member. A member of the Cabinet is appointed to hold the position of Vice-President of the Proprietary Council to act as presiding officer of the Proprietary Council in the absence of the Manager-General, at no additional salary or allowance. However, the Vice-President cannot sign Proprietary Council documents on behalf of the Manager-General.
Meetings
Meetings of the Proprietary Council do not require the Manager-General's attendance, but the Manager-General must be notified of the meeting in order for it to be valid. A quorum for meetings is the Manager-General and two serving ministers or assistant ministers. If the Manager-General is not in attendance, quorum is the Vice-President and two serving ministers or assistant ministers. In the absence of the Vice-President, quorum is three ministers, one of whom, a senior minister, will preside. In practice, meetings will only be attended by a small number of Councillors rather than the full Cabinet.
Most of the powers vested in the Manager-General, such as appointments and the authorisation of budgets, are exercisable only by "the Manager-General in Council" – that is, under advice from the Proprietary Council. The Council acts as a formal ratification body for decisions of the Cabinet. In a parallel manner to the enactorial assent given to legislative Acts by the Manager-General after they have passed both Houses of Parliament, proposed executive actions will receive the approval of the Manager-General in Council after they have been agreed to by the head of government and the cabinet.