About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 QMLJ 77 (2018)
The Case for a Restructured Doctrine of Collective Responsibility

handle is hein.journals/qmlj9 and id is 79 raw text is: The Case for a Restructured Doctrine of Collective Responsibility Pearl Pandya ABSTRACT The principle of collective responsibility demands that all ministers are collectively responsible and accountable to Parliament for all governmental decisions. This principle has been steadfastly, albeit sometimes imperfectly, adhered to throughout most of Britain's parliamentary history. However, in 2016, it was suspended twice under different governments owing to domestic political turmoil. This article presents a broader case for restructuring the doctrine so as to improve the government's efficiency in dealing with political exigencies. It is argued that a more transparent approach in governance would enrich the public sphere with a robust debate, whilst allowing Members of Parliament ('MPs') to better represent the wishes of their electors. On a pragmatic level, it is submitted that a planned suspension of unanimity will aid party management by allowing the government to maintain an ideologically diverse Cabinet without triggering resignations from the 'big beasts' on divisive issues. The restructured doctrine advocated in this paper will maintain absolute confidentiality of Cabinet proceedings, whilst permitting ministers to publicly express their disagreement with the government's position on certain pre-ordained matters. In the interests of stability and nuanced debate, ministers will be allowed to abstain, but not vote against the government, in a parliamentary vote on those issues. I. INTRODUCTION The convention of collective responsibility has long been regarded as a fixed star in our constitutional constellation. The constitutional convention of collective cabinet responsibility stipulates that all government ministers shall be held 'absolutely and irretrievably' responsible for all decisions taken by the government.' Exceptions from the doctrine are rare and the Cabinet Manual stipulates that collective responsibility constantly applies 'save where it is explicitly set aside.'2 Through the ages, Prime Ministers have found the appearance of unanimity helpful when facing a powerful monarch and HL Deb 8 April 1878, Vol 239, Col/S 833-34 2Cabinet Office, The Cabinet Manual (1st Edn, 2011) 31

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most