ABSTRACT
The convention of ministerial responsibility is central to the constitution, and plays a fundamental role in the relationship between the executive and parliament. For the doctrine of government under the law to be observed, it is essential that government be accountable to both parliament and the electorate, and that government be conducted in a manner sufficiently open, subject to the requirements of the national interest, to inspire public confidence. The origins of ministerial responsibility are traced by FW Maitland to the principle that ‘for every exercise of royal power some minister is answerable’ (1908, p 203). Marshall and Moodie describe ministerial responsibility as follows:
Ministers are responsible for the general conduct of government, including the exercise of many powers legally vested in the Monarch; and ultimately, through Parliament and parties, to the electorate. [1971, Chapter 4]
The doctrine thus has two limbs – individual and collective responsibility. As with so much of the constitution, there is vagueness on occasion as to the distinction between the two limbs which are both closely related and also complementary of one another. In order to facilitate analysis, the topic may be broken down into three aspects:
(a) the collective responsibility of the Cabinet to parliament, and ultimately the electorate, for policy and administration;
(b) the individual responsibility of ministers for the policy and administration of his or her Department;
(c) the individual responsibility of ministers for their personal conduct.
