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婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛濡囬埞宥夋煃閳轰礁鏆曠紒鎲嬫嫹 | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅涘Λ妯好归悡搴f憼妞わ讣鎷� | 婵犵鍓濋〃鍛存偋閸涱垱顐介柨鐕傛嫹 | 缂傚倷绶¢崰妤呭磿閹惰棄绠圭憸鏂款嚕椤掑嫬鐐婇柍鍝勫暙婵烇拷 | 闂備礁鎲$敮妤呭垂瀹曞洩濮抽柕濞垮劗閺嬫牠鏌¢崶鈺佷户濞寸》鎷� | 婵犳鍠楄摫闁搞劌纾懞閬嶅Ω閵夈垺鐏冮梺鍝勬川閸嬬喐瀵奸敓锟� | 缂傚倸鍊风粈浣烘崲閹寸姷鐭堥柣鐔稿閺嬫牠鏌¢崶鈺佷户濞寸》鎷� | 闂佽崵鍋炵粙鎴﹀嫉椤掑嫬妫橀柛灞惧焹閺嬫牠鏌¢崶鈺佷户濞寸》鎷� | 闂佽崵濮村ú銈壦囬幎绛嬫晩闁圭偓鏋奸弸鏍煛閸モ晛浠уù纭锋嫹 | 闂備礁鎲¢懝楣冩偋閸曨垰鐒垫い鎴f娴滈箖姊洪棃娑欘棏闁稿鎹囬弻娑橆潩閻愵剙顏� | 婵犵鍓濋〃鍛存偋閸涱垱顐介柕澹啫鐏婃俊銈忕到閸熺娀宕戦幘缁樻櫢闁跨噦鎷� | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅涘Λ姗€鏌涢妷顖滅暠濠殿噯鎷� | 闂備礁鎲¢懝楣冩偋閸℃稑绠栭柟鍓х帛閸ゆ垿鏌涢幇銊︽珕闁瑰嚖鎷� | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛/鍕濠殿喗绻傞惉鐓幬i敓锟� | 闂備礁鎲¢悷锕傛偤閺囥垹鐒垫い鎺嗗亾闁哥喐鎸抽妴鍌炴嚍閵夛箑鍔呴梺璺ㄥ櫐閹凤拷 | 
婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅涢悙濠囨煕濞嗗秴鍔氬┑顕嗘嫹 | 闂佽崵濮村ú銈壦囬幎绛嬫晩闁规崘顕х粻浼存煕閵夋垵鍟伴、锟� | 闂佹眹鍩勯崹浼村箺濠婂牆鏋侀柕鍫濇噳閺嬫牠鏌¢崶锝嗩潑婵炵》鎷� | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛/鈧崑鎾诲捶椤撶偘绮舵繝娈垮櫙閹凤拷 | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅滈悡鍌氣攽閻樿精鍏岄柣銈忔嫹 | 婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅滈埛鎺撱亜閺傚灝鈷旈柟鏂ゆ嫹 | 婵犵數鍋涢ˇ鏉棵哄┑瀣剁稏濠㈣泛鏈崰鍡涙煥濠靛棛澧遍柛銈忔嫹 | 闂佽崵鍠嶅鎺旂矆娓氣偓瀹曡绂掔€n亝顥濋梺鎼炲劵缁犳垶鎱ㄩ敓锟� | 闂佽姘﹂鏍ㄧ濠靛牊鍏滈柛鎾茶兌鐏忕敻鏌ㄩ悤鍌涘 | 婵犳鍠楄摫闁搞劎鏁诲鏌ュ閻橆偅鐏冮梺鍝勬川婵箖锝為敓锟� | 闂佽崵鍋炵粙鎴﹀嫉椤掑嫬妫橀柛灞惧焹閺嬫牠鏌¢崶鈺佇い顐嫹 | 缂傚倸鍊风粈浣烘崲閹寸姷鐭堥柣鐔稿閺嬫牠鏌¢崶鈺佇い顐嫹 | 闂備礁鎲$敮妤呭垂閸撲焦鍏滈柛鎾茶兌鐏忕敻鏌ㄩ悤鍌涘 | 缂傚倷璁查崑鎾绘煕濞嗗秴鍔ょ紒鎰殕缁绘稒寰勭€n偆顦柣鐐寸啲閹凤拷 | 婵犵鍓濋〃鍛存偋閸涱垱顐介柕澹嫭鍎遍柣搴秵娴滄粓鍩i敓锟� | 闂備線娼уΛ宀勫磻閹剧粯鐓忛柛鈥崇箰娴滈箖姊洪棃娑欘棏闁稿鎹囬弻鏇㈠幢韫囨挷澹�
关于总督职权的几点思考

  Under modern democracy, political power rests with elected parliamentarians, not the unelected Governor-General. Generally speaking, the formation of a government is a political decision and is arrived at by politicians.[29] In an unclear situation, it would be better for the members of Parliament and their party leaders to determine. However, if the political parties fail to make the situation clear, that might require the Governor-General to communicate with the leaders of all of the parties represented in Parliament.[30]In a few cases, the Governor-General might be required to employ the reserve powers to protect the constitutional order, such as dissolving Parliament to call for a new election or appointing the Prime Minister. John McGrath suggested, “Ideally, only when the politicians have discharged their duty and made clear to the public the alignment of the forces in Parliament should the Governor-General act and appoint or reappoint the government as necessary.”[31]
  In order to keep the office’s neutrality, the Governor-General should avoid intervening in politics as far as possible. From the evolving history of the constitutional monarchy, we can find that the cases involving the use of the reserve powers are very few in the Commonwealth, let alone in New Zealand.[32]Dr. Andrew Stockley has argued that, in a country such as New Zealand, with a long history of political stability and democratic government, it is not the Governor-General who prevents a constitutional crisis from occurring. It is the force of public opinion --and the acceptance of democratic norms and values by both politicians and the public as a whole-- which is of much greater significance.[33]However, as discussed below, with the advent of MMP, this has not always been the case.
  In fact, the use of the reserve powers is vital. Sometimes their use does not resolve a constitutional crisis; by contrast, it can cause such a crisis, which is prejudicial to the office. This is just what happened in Canada in 1926. The Canadian Governor-General, Lord Byng, refused the Prime Minister (Mackenzie King)’s request for a fresh dissolution and invited the leader of the opposition (Meighen) to form an alternative government. But Meighen was unable to command a majority, whereas King won the ensuing election. The Governor-General was claimed to be partisan and recalled. Obviously, the Governor-General should not employ the reserve powers except in emergency situations. After all, “the reserve powers must be a recourse of the last resort, an ultimate weapon which is liable to destroy its user.”[34]And more importantly, as Dame Catherine Tizard pointed out, “the frequent exercise of the Governor-General’s reserve powers…would seriously undermine the democratic basis of our system.”[35]
  Fourthly, the reserve powers are certain legal powers, which are exercised in order to protect the constitutional order. In practice, during the last six years, the Governor-General of New Zealand has been suggested to call on the leader of the largest party to form a government after the election. Sometimes public sentiment or opinion polls also suggested the Governor-General that she or he dismissed the government and called another election.[36] Obviously, the reserve powers are misunderstood in those cases. In considering whether or not to exercise the reserve powers, the Governor-General should ask himself or herself whether the constitutional order is under threat and whether it is necessary to exercise the reserve powers. That is to say, only when the constitutional order is itself under threat, or when foundational constitutional principle outweighs constitutional convention, the Governor-General should stand up to protect the constitution or the nation. Apart from such purpose, the reserve powers ought to be held in reserve and should not be exercised.
  However, apart from the reserve powers, there are other ways in which the Governor-General has a role to play. As always noted, the Governor-General usually acts on the ministerial advice and is not involved in day-to-day government; but under normal conditions the sovereign certainly has some rights, which have been summarized in Bagehot’s classical trinity of rights: the right to be consulted, the right to advise, and the right to warn.[37] That is to say, as the representative of the sovereign, the Governor-General has the right to be advised on all governmental programmes, to give advice, and perhaps even to warn. In practice, the ministries might pay no attention on the advice from the Governor-General. However, as Bagehot pointed out, even though the Governor-General might not always change the ministerial ways, her or his advice would always trouble their minds.[38] In most cases, it may be enough for the Governor-General to resolve a constitutional crisis through those rights, and the reserve powers should be kept in reserve until all possibilities of influence have been exhausted. In this sense, Sir John Kerr has been criticized for dismissing his Prime Minister before he sought to use all his powers of influence.


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