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 is accountable to both Parliament and the electorate, and that government is conducted in a manner sufficiently open, subject to the requirements of the national interest, to inspire public confidence. The doctrine has two limbs, individual and collective responsibility. The convention of collective Cabinet responsibility emphasises the unanimity of government and its accountability to Parliament. The confidentiality of Cabinet discussion is protected by the prohibition against disclosure by members of Cabinet. In addition, the rules regarding the confidentiality of Cabinet papers include the rule that the government of the day may not release the papers of a previous government without the consent of the former Prime Minister.