vustudents
08-26-2011, 12:20 AM
Q: Discuss fully the Ministerial “Responsibility” under British Constitutional System (1998).
1- Introduction:
Once of Salient Feature of the British cabinet is Ministerial responsibility. The cabinet members are responsible to the House of commons individually as acts of commission or omission within their departmental or governmental spheres.
2- Meaning Of Ministerial Responsibility:
According to Prof. Dicey it means two utterly things as under.
I. Parliamentary Responsibility:
This is the liability of Minister to lose their offices. When they cease to retain the confidence of the house of commons. If a Minister do not do not resign form his office, there is no provision in law to compel him to vacate his office. This is matter of conventions and not of law. If is called parliament responsibility.
II. Legal Responsibility:
Legal Responsibility means that every ministers is answerable to a Law of Court for the acts Crown because every act of the Crown is countersigned by the Minister. This is a matter of law and not merely a matter of conventions.
3- Origin Of Ministerial Responsibility:
Before the Glorious of Revolution of 2688, the Britain King were absolute rulers but when parliament become the Sovereign body, it beggar to punish the ministers by means of impeachment. The King then began to choose Minister form parliament. Thus a convention began a minister should win the confidence of the parliament and he should resign if fail. During the nineteenth century the concept of Ministerial responsibility was fully developed.
4- Main Aspects Of Ministerial Responsibility:
According of Prof Munro, there are three aspects of Ministerial responsibility which are the followings.
I. Responsibility To King:
It is the responsibility of the ministers to keep the king informed of what they do. This aspect of responsibility only means that it is the duty of cabinet to keep the king informed of all it decisions.
II. Responsibility To One Another:
The Cabinet as a whole is answerable for the acts of it member. The minister should either agree with the decisions of the Cabinet or resign. The Ministers are also responsible to one another . the Ministers have follow the policy which has been decided upon in the joint meeting of the ministers.
III. Responsibility To The House Of Commons:
The minister are also responsible to the house of the commons. The ministers can also criticized by the members of the house of commons. Every Minister is responsible to the house. The cabinet can remain in office only so long so ling as at enjoys the confidence of the house of commons.
5- Scope Of Ministerial Responsibility:
The responsibility of minister is individual as well as collective.
I. Individual Ministerial Responsibility:
Individual, each minister is responsible to parliament for the work of his department of which he is a political head he is also personally liable for any breach of law, for which he is answerable before a Court.
A Minister who commits a mistake in this departmental policy and is not defended by the prime Minister, is individually responsible for it and must resign. But if the prime Minister or the Cabinet come to his defence , it becomes a matter of collective responsibility.
II. Collective Ministerial Responsibility:
It means the responsibility of all Minister , whether they are included in the Cabinet or not or have participated in the cabinet the policy, he remains equally responsible for it.
6- Merits Of The Concept Of Ministerial Responsibility:
This doctrine confers the three merits on the British system of Government.
I. Responsibility To Public:
It makes the Government answerable to the public.
II. Unity Of Cabinet:
If infuses unity in the Government, the Minister know that their cabinet will remain in office only so long as they are united. Anyone who disagrees with the policy should either resign or be removed by the Queen on the advice of prime Minister.
III. Efficiency In Government:
In enhances efficiency in the Minister Work. Every Minister must keep himself informed of what his colleagues and the cabinet as a whole are doing.
7- Conclusion:
To ,conclude, I, can say, that doctrine of Minister Responsibility deeply influenced the growth and development of the parliament and cabinet system of Government parliamentary Government is not Government by parliament but of minister who are answerable before parliament for their acts and policies.
1- Introduction:
Once of Salient Feature of the British cabinet is Ministerial responsibility. The cabinet members are responsible to the House of commons individually as acts of commission or omission within their departmental or governmental spheres.
2- Meaning Of Ministerial Responsibility:
According to Prof. Dicey it means two utterly things as under.
I. Parliamentary Responsibility:
This is the liability of Minister to lose their offices. When they cease to retain the confidence of the house of commons. If a Minister do not do not resign form his office, there is no provision in law to compel him to vacate his office. This is matter of conventions and not of law. If is called parliament responsibility.
II. Legal Responsibility:
Legal Responsibility means that every ministers is answerable to a Law of Court for the acts Crown because every act of the Crown is countersigned by the Minister. This is a matter of law and not merely a matter of conventions.
3- Origin Of Ministerial Responsibility:
Before the Glorious of Revolution of 2688, the Britain King were absolute rulers but when parliament become the Sovereign body, it beggar to punish the ministers by means of impeachment. The King then began to choose Minister form parliament. Thus a convention began a minister should win the confidence of the parliament and he should resign if fail. During the nineteenth century the concept of Ministerial responsibility was fully developed.
4- Main Aspects Of Ministerial Responsibility:
According of Prof Munro, there are three aspects of Ministerial responsibility which are the followings.
I. Responsibility To King:
It is the responsibility of the ministers to keep the king informed of what they do. This aspect of responsibility only means that it is the duty of cabinet to keep the king informed of all it decisions.
II. Responsibility To One Another:
The Cabinet as a whole is answerable for the acts of it member. The minister should either agree with the decisions of the Cabinet or resign. The Ministers are also responsible to one another . the Ministers have follow the policy which has been decided upon in the joint meeting of the ministers.
III. Responsibility To The House Of Commons:
The minister are also responsible to the house of the commons. The ministers can also criticized by the members of the house of commons. Every Minister is responsible to the house. The cabinet can remain in office only so long so ling as at enjoys the confidence of the house of commons.
5- Scope Of Ministerial Responsibility:
The responsibility of minister is individual as well as collective.
I. Individual Ministerial Responsibility:
Individual, each minister is responsible to parliament for the work of his department of which he is a political head he is also personally liable for any breach of law, for which he is answerable before a Court.
A Minister who commits a mistake in this departmental policy and is not defended by the prime Minister, is individually responsible for it and must resign. But if the prime Minister or the Cabinet come to his defence , it becomes a matter of collective responsibility.
II. Collective Ministerial Responsibility:
It means the responsibility of all Minister , whether they are included in the Cabinet or not or have participated in the cabinet the policy, he remains equally responsible for it.
6- Merits Of The Concept Of Ministerial Responsibility:
This doctrine confers the three merits on the British system of Government.
I. Responsibility To Public:
It makes the Government answerable to the public.
II. Unity Of Cabinet:
If infuses unity in the Government, the Minister know that their cabinet will remain in office only so long as they are united. Anyone who disagrees with the policy should either resign or be removed by the Queen on the advice of prime Minister.
III. Efficiency In Government:
In enhances efficiency in the Minister Work. Every Minister must keep himself informed of what his colleagues and the cabinet as a whole are doing.
7- Conclusion:
To ,conclude, I, can say, that doctrine of Minister Responsibility deeply influenced the growth and development of the parliament and cabinet system of Government parliamentary Government is not Government by parliament but of minister who are answerable before parliament for their acts and policies.