PS 411

[PRESIDENTIAL AND
PARLIAMENTARY]

JALOVA, Jerome

MINISTERIAL RESPONSIBILTIES
A fundamental constitutional principle in the
British Westminster parliamentary system
according to which ministers are responsible to
the parliament for the conduct of their ministry
and government as a whole.
Ministerial responsibility is central to the
parliamentary system, because it ensures the
accountability of the government to the
legislature and thus, ultimately, to the
population. This principle is mainly based on a
body of constitutional conventions, established
by precedents, rather than on positive statutes.
In some countries such as the United Kingdom
and Canada, the legal standing of ministerial
responsibility is also based on the oath taken by
each minister upon becoming a member of the
Privy Council. Ministersknown as ministers of
the crown in Commonwealth countrieshave
both a collective and an individual responsibility
to the parliament.
The principle of ministerial responsibility
ensures that the government acts as one entity
and that this entity is answerable and
accountable to the parliament.
MINISTERIAL COLLECTIVE RESPONSIBILTIES
Collective responsibility is a fundamental
convention of the British constitution, whereby
the Government is collectively
Accountable to Parliament for its actions,
decisions and policies. Collective responsibility
is a convention, rather than a requirement, of
the UKs constitution.
It signifies that the government remains
in office only so long as it retains the
confidence of the parliament and that all
ministers stand or fall together with that
government.
Support government policies, but they
must also resign or seek the dissolution
of the government if defeated in the
parliament on a matter of confidence (for
instance, a vote on the budget).
Collective responsibility implies that
ministers are bound by the decisions of
the cabinet, even when they had no part
in their discussion or decision.
Second, all members of the government
speak in concert in the parliament, unless
the prime minister relieves them of that
duty. This can happen when the
government has no stated policy on an
issue and allows a free vote to take place
in the parliament or when the prime
minister allows a member of his or her
government to differ publicly from a
policy
Engage in frank debates and
disagreements in private, prior to the
cabinets decision.
Bound to respect the confidentiality
of these discussions and to present
a united front after a decision has
been reached.
 Ministerial Responsibility Act

Section 1
MINISTERIAL INDIVIDUAL RESPONSIBILTIES
Parliament shall have the right to
examine the lawfulness of the official acts
Individual Ministerial Responsibility is part of the of the members of the Council of State,
wider doctrine of ministerial responsibility, which the Chancellor of Justice and the
also includes Collective Ministerial Parliamentary Ombudsman, and of the
Responsibility. Assistant Chancellor of Justice, the
According to Individual Ministerial Assistant Parliamentary Ombudsman
Responsibility: and their deputies, and to make
decisions arising from such examination.
Ministers are individually responsible for The provisions of section 2, paragraphs
the work of their departments and are 1-3 and sections 3-7 of this Act
answerable to Parliament for all their concerning a member of the Council of
departments activities. State and the Chancellor of Justice shall
They are expected to accept apply correspondingly to the
responsibility for any failure in Parliamentary Ombudsman and also to
administration, any injustice to an the Assistant Chancellor of Justice and
individual or any aspect of policy which the Assistant Parliamentary Ombudsman
may be criticized in parliament, whether and their deputies.
personally or not.

Individual Ministerial Responsibility Section 2

(IMR) is another convention which states
that ministers must:
Accept responsibility for the
actions of their department
Behave appropriately in their
personal life and
Be competent
PERSONAL RESPONSIBILITIES
Must obey the rule of law
Must obey the rules and conventions of
Parliament
Act in accordance with an unwritten
moral code
Follow rules of conduct for business and
financial dealings
When considering matters under
preparation, the Committee for
Constitutional Law shall, whenever there
is cause for this, investigate the
lawfulness of the official acts of the
members of the Council of State and the
Chancellor of Justice.
If another committee finds cause to
complain that a member of the Council of
State or the Chancellor of Justice has
proceeded in an unlawful manner in an
official act, the matter shall be submitted
to the Committee for Constitutional Law
for consideration.
A complaint concerning the unlawfulness
of an official act of a member of the
Council of State or the Chancellor of
Justice may also be filed in Parliament.
Such a complaint shall be submitted to
the Speaker in writing and signed by no
fewer than five representatives. On
presentation of such a complaint the
matter shall be sent to the Committee for
Constitutional Law without discussion.
Section 3
If a complaint is filed concerning the
unlawfulness of an official act
of a member of the Council of State or the
Chancellor of Justice while a matter is
under consideration in the Committee for
Constitutional Law, and the Committee
considers that the matter is worthy of
attention, or if a complaint against a
member of the Council of State or the
Chancellor of Justice has been sent to
the Committee for Constitutional Law, the
Committee shall give him an opportunity
to submit a written or oral explanation
within a certain period of time.
Section 4
If a complaint has been filed against a
member of the Council of State or the
Chancellor of Justice, the Committee for
Constitutional Law shall consider
whether the member of the Council of
State or the Chancellor of Justice has
proceeded in an unlawful manner, and
shall submit a statement on the matter to
Parliament, unless the complaint was
filed in the Committee for Constitutional
Law and the Committee found it to be
unjustified.
Section 5
No fewer than seventeen members shall
be present when a complaint referred to
in sections 3 and 4 is considered in the
Committee for Constitutional Law. If
controversy arises on the question of
whether or not a member of the Council
of State or the Chancellor of Justice has
proceeded in an unlawful manner, and
the votes are divided equally, then he
shall be deemed not to have done so.
Section 6
After the Committee for Constitutional
Law has submitted its statement,
Parliament shall be empowered to decide
whether charges under this Act are to be
brought against the member of the
Council of State or the Chancellor of
Justice in the High Court of
Impeachment, or whether the matter is to
be dismissed.
If Parliament does not immediately
decide that the matter is to be dismissed,
then the member of the Council of State
or the Chancellor of Justice shall be
requested to submit a written or oral
explanation to Parliament. The
explanation shall be submitted within ten
days of receipt of the request.
Section 7
The following shall be considered
unlawful acts for which charges under
this Act may be brought against a
member of the Council of State or the
Chancellor of Justice:
If, in an official act, he has aided
or abetted manifest unlawfulness;
If he has intentionally abused his
official position to manifestly harm
the country, and the abuse is to be
deemed an offence in office; or
If he has otherwise, in some
official act, proceeded in a
manifestly unlawful manner.
Section 8

This Act shall enter into force as a

Constitutional Act. It shall not apply to
official acts engaged in before 17 June
1918.

Section 9

This Act shall repeal the Act on the Right

of the Parliament to Examine the
Lawfulness of the Official Acts of the
Members of the Council of State and the
Procurator.
 STRUCTURE OF GOVERNMENT

LEGISLATIVE

The Legislative Branch is part of the three branches of

Government Headed by Congress which includes the
House of Representative and the Senate

Main task is to make Laws

Powers include:

Passing laws
Originating spending bills (House)
Impeaching officials (Senate)
Approving treaties (Senate) "Bill." Sourcing US
Laws and Government Document.

EXECUTIVE

The Executive Branch is part of the three branches of

Government.

Lead by the President

Carries out Federal (National) laws and

recommends new ones.
In charge of National Defense (Army, Navy,
Maine's, etc)
Deals with worldwide issues
Approves or denies laws Back to question White
House

JUDICIAL

The Judicial Branch is part of the three branches of

Government.

Headed by the Supreme Court

Responsible for understanding and enforcing

the Constitution
Reviewing Laws
Looking at cases involving state rights of the
Constitution
 CABINET ROLE AND STRUCTURE

A Cabinet is a body of high-ranking members of

government, typically representing the
executive branch. It can also sometimes be
referred to as the Council of Ministers, an
Executive Council or Executive Committee.

Unique Functions

Ministers of State for Special Missions

Ministers of State for Special Missions,

ordered to provide strong and prompt policy
planning and comprehensive policy
coordination on crucial issues in the cabinet, are
exclusively established in the Cabinet Office.

Important Policy Councils

The Cabinet Office works as "the place of

wisdom" that helps the Cabinet and the Prime
Minister. The Cabinet Office has five Important
Policy Councils; the chairman of each council
should be either the Prime Minister or the Chief
Cabinet Secretary, while members of the
councils are designated to ministers in charge of
related policies and specialists in the fields.
PRIME MINISTER Appointment of the Prime
Minister (PM) is performed by the YDPA.
Chosen from among the members of the
House of Representatives and is
believed to have the support of the
majority of the members.
Other ministers can be from both the
House of Representatives and the
Senate.
A PM can lead the Cabinet only if he has
the confidence of a substantial number of
the House of Representatives.
The term of office of the Cabinet
members depends on how long it is
approved by the YDPA.
MINISTERS Normally all ministers are
members of the Cabinet.
The members of the Cabinet form the
ruling government body responsible for
carrying out the highest executive
powers.
PM determines the ministers portfolios
based on suitability, and the appointment
is made by the YDPA.
Deputy Prime Minister is also appointed
by the YDPA.
Those appointed as Deputy Ministers
from the House of Representatives and
the Senate are not the members of the
Cabinet.
THE ROLE OF THE CABINET
The role of the cabinet including:
To determine the government policies;
To issue directives for their
implementation by the government
administrative machinery at the federal
and state levels;
Acting as an advisory body to the YDPA.
To carry out this important role, the
members of the Cabinet have meetings
from time to time.
Cabinet meetings are important
discussions and they are closed.
Normally they are held every Wednesday
and this is the practice to date.
him to leave the Cabinet or resign from
the government.
In principle and in practice, the actions
and decisions taken by the Cabinet are
collective or joint.
Every Cabinet member can be frank
when giving his views on matters
discussed.
When a decision is taken, a Cabinet
member should accept or agree with the
policy decided.
In the practice, a person regardless of
his position, shall accept the decision of
the majority.
He has to defend the decision because
Cabinet members are jointly responsible
for the governments policies.
If he fails to accept the decision of the
majority, the simplest alternative is for
him to leave the Cabinet or resign from
the government.

Even though the meetings are conducted

informally there are rules to be observed.

COLLECTIVE PRINCIPLE AND SPIRIT

In principle and in practice, the actions

and decisions taken by the Cabinet are
collective or joint.
Every Cabinet member can be frank
when giving his views on matters
discussed.
When a decision is taken, a Cabinet
member should accept or agree with the
policy decided.
In the practice, a person regardless of his
position, shall accept the decision of the
majority.
He has to defend the decision because
Cabinet members are jointly responsible
for the governments policies.
If he fails to accept the decision of the
majority, the simplest alternative is for