The conventions governing ministerial responsibility Essays

The conventions governing ministerial responsibility Essays The conventions governing ministerial responsibility Paper The conventions governing ministerial responsibility Paper Essay Topic: Law As we have learnt from out study of conventions, it would be very difficult to track down every convention relevant to ministerial responsibility, as they can be found from a variety of sources, some of which are unwritten. I shall be attempting to examine the most significant conventions, and examining their nature to determine exactly how effective they are. In particular, I shall look at the nature of convention itself to establish criteria on which we can judge the scope and adequacy of the conventions. I shall also examine incompetence and impropriety throughout ministerial departments and the civil service, because as we shall discover shortly, ministers are accountable for more than just their own actions. Conventions are the rules which regulate the day-to-day functioning of the legal constitution, described by some as the rules of constitutional morality. The most important conventions in the constitution are commonly regarded as those which either limit monarchical power or, as is applicable here, regulate the relationship between government and Parliament. The nature of convention is such that some may be well-established and clear, like that which ensures that Parliament meets at least once a year, whereas others are less clear and tend to cause controversy. For a convention to be properly established, it needs to be accepted by those whom it affects. However, a convention is not directly enforceable by law, which is where matters of inadequacy play a part, as we shall discover later on. Ministers are members or supporters of the party in power which holds political office, who often have departmental responsibilities for which they are politically responsible to Parliament as individuals. Ministers are thus responsible for their own actions, a concept known as individual responsibility, and are accountable for the actions of their department, and I shall discuss the distinction between the two later on. Ministerial responsibility has been the accepted basis of parliamentary government in Britain since the mid-19th century, along with particular development in the other main aspect of ministerial responsibility collective responsibility. This is the idea that ministers must hold a united front once a cabinet decision has been made, having been given the chance to dissent or resign when the decision itself was being made. It is necessary to outline some of the governmental conventions used regarding ministerial responsibility. The Ministerial Code created in 1945 is the primary source for most of these conventions, which were revised and reissued by Blair in 1997. The principles of ministerial conduct stated in this code include a duty to uphold collective responsibility and a requirement for ministers to account for the activities of their department/agency. More specifically, the code also states that, ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister, and the word knowingly is of particular significance. Ministers have a duty to be as open as possible with Parliament and the public, refusing information only when disclosure would not be in the public interest. A minister must behave according to the highest standards of constitutional and personal conduct in the performance of their duties. The Carltona Principle also states that if a decision is made on behalf of one of his officials, then that constitutionally is the ministers decision. It is also a duty of a minister to send civil servants under him to select committees for questioning, if they are called upon. However, in most cases, civil servants are not responsible for their actions and decisions, unless powers have been formally delegated from a minister. Despite the apparently clear nature of these conventions, the system of ministerial responsibility has been shown by many to be an insufficient means of scrutinising government, and ways of breaking these conventions, or amending them to suit circumstances have exposed their uncertainty and inadequacy. If we examine some of the conventions that I listed, we can show how each of them has failed in their duty to govern ministerial responsibility. I outlined that ministers have a duty to account for their departments, but there is a growing accountability gap which is allowing ministers to distance themselves from the traditional full accountability for their department. Prison difficulties in 1995 exposed this issue, when the chief executive of the Prison Service was dismissed following review of prison security, which showed problems traceable to the prison service headquarters. The Home Secretary, Michael Howard denied that any policy of his caused the problems, and refused to take responsibility for his agencys failures. The fact that a minister actually has the freedom to do this exposes the clear inadequacy of the convention in safeguarding against ministerial impropriety, which saw a member of the civil service take responsibility for the issue without much political tumult from the rest of the government. Even if Howard wasnt at fault, the convention has no means of testing or ensuring that, nor of actively stopping a minister from relinquishing responsibility for a departmental error. The Scott Report 1996 is full of examples of ministers deliberately holding back information, refusing to answer questions and providing inadequate responses to questions. The whole arms to Iraq issue exposed problems within the conventions of ministerial responsibility, particularly in defining who was accountable, and in extracting necessary information from officials. It can be argued that those ministers who did not account for their actions for reasons of commercial confidentiality, or in the public interest, were not fulfilling their ministerial duty, particularly in knowingly misleading Parliament. Scott specifically stated that British Governments act as though they are the state, and regularly confuse the public interest with their own governmental convenience. Even though the government narrowly avoided being implicated for a cover-up by surviving a parliamentary debate by one vote, convention was shown to insufficiently prevent ministerial misconduct. I find that the usage of the confidentiality excuse was particularly barren, as it contradicted UK policy to publish details of certain arms exports in the UN Arms Register, itself an initiative of John Major. As Lewis and Longley identify, there was no reason why the ministers could not have at least provided details regarding the nature and quantity of arms involved, even if commercial confidentiality had to be maintained. In general, conventions regarding avoidance of answering questions are completely deficient in preventing the avoidance of politically fragile issues out of convenience. The democratic process is totally undermined by the inability to scrutinise government, and prevent such indirectness. Another issue brought up by the report was the prevention of the select committee from questioning key civil servants who had retired. These civil servants would have provided valuable information to the inquiry, but convention held that they could not be questioned. Inadequate safeguarding against ministerial errors is yet again exposed, as this convention acts as yet another means of shielding ministers (and departments) from taking responsibility for their actions. On the whole, the Scott Report exposed a general assumption of executive dominance over Parliament, prioritising government policy over law, and depicting the conventions as open to discretion and highly ambiguous. It is outlined in convention that ministers should maintain the highest standards of constitutional and personal conduct, yet the nature of ministerial responsibility has been shown to be such that the upholding of this convention is also unnecessary. The government almost always backs any minister that is facing an enquiry, using its majority in the House of Commons, if opposition attempts to table a motion of censure to try and employ some means of governmental scrutiny. Thus another convention is shown to be empty and easy to bypass by government shielding of its own. I have discussed the inadequacy of these conventions in some depth, but further examination of the uncertainty of the scope of some of these conventions is also required. I outlined a duty to uphold collective responsibility. However, from examples such as dissent regarding implementation of a 10% tariff in the economic crisis of 1932, and the unwillingness to continue membership of the European Communities in 1974, an alternative option was given to ministers whereby it was not necessary for ministers to resign, known as agreement to differ. In the first example, the option for completely open dissent was given, but in the second example, only dissent outside of Parliament was permitted. It appears from these examples that departure from convention governing ministerial responsibility is permissible when it suits the Cabinet, undermining the nature of the convention itself. Also, as outward cabinet unity (regarded by many as the main reason for collective responsibility) has been sacrificed in any case by allowing open dissent, why should different levels of outward dissent be permitted in different circumstances? The scope of convention is shown to be uncertain here, as well as the extent to which the convention should apply, and when agreement to differ, should be permitted. The whole responsibility vs. ccountability debate shows further uncertainty as to how far convention actually applies. Theoretically, a minister is accountable for all that happens in his department, but my example of the Home Secretary in 1995 showed weakness in this convention. The real problems arise when there is genuine uncertainty as to who is responsible for a policy. The uncertain nature of this convention allows a minister to avoid taking responsibility for a decision made in his department, but similarly, a civil servant can also avoid this responsibility, as he isnt expected to know enough to make sufficiently educated decisions. There is also continuing debate regarding how far a minister is responsible for maladministration of power if a civil servant below him makes a mistake, and the circumstances in which a minister should have to resign. Clearly convention does not hold the answer to these questions, as the answers depend on the political atmosphere in which the issue has occurred, so convention can be shown to be uncertain in providing safeguards against relinquishment of ministerial responsibilities. I have based my argument on criticism of the conventions governing ministerial responsibility. However, there are aspects of convention which could be called creditable, and show why the system of convention has lasted so long. One good thing about this system is that it has allowed power to theoretically remain in the hands of the electorate, so that ministers can share out policy-making and administrative authority, rather than having it concentrated in the hands of the monarch. This in turn makes it relatively easier to scrutinise these spread powers. Although the idea of absolute control of political behaviour through collective responsibility is debatably a dangerous idea, it also has positive aspects in showing the party to be uniform in policy and ideas, working together for the good of the people, and also helps to contain public disagreement between departments, which would otherwise present the view of a dysfunctional government. Also, when I discussed the nature of agreement to differ, although my point was that it contravened convention, I do believe that the actual concept itself is positive, and should be more clearly incorporated into the convention itself. I have emphasised throughout the essay that the civil service are able to avoid taking responsibility for many of their actions, but ministers do have the power to dismiss civil servants for maladministration or other major errors, so they are not completely free from responsibility. The courts can also get involved in issues of ministerial responsibility where necessary, although their power is limited to compensation and other similar judgements, rather than amendments to problems cemented by the nature of ministerial responsibility. I must also stress that in criticising the conventions governing ministerial responsibility, I am not necessarily discrediting the convention system as a whole; rather I am identifying that the current conventions that we have are vague, uncertain and inadequate at preventing ministerial incompetence and impropriety. It must still be noted that conventions remain an effective way of keeping the constitution up to date regarding contemporary political values. I also commented on how convention is not actually legally enforceable. However, as Dicey argues, breaking of many conventions can in fact still lead to involvement of the courts, as convention and law in our constitution are so intertwined that breaking one will very often require breaking of the other. In a survey, Mancuso stated that whatever is not expressly forbidden is tacitly permitted. In this summary of the nature of convention, Mancuso highlights what I think is the main problem with our current conventions governing ministerial responsibility. The conventions are too vague and open to interpretation, and as a result, it is impossible for the convention system to effectively scrutinise government. Clearer definitions need to be made of the conventions, possibly using legislation as well, so that proper safeguards against ministerial (and departmental) incompetence and impropriety can be imposed. Once these conventions are amended, it will be much easier to make specific changes to the administration, such as creating a policy register so that blame and responsibility can be effectively administered, and changing circumstances in which ministers can avoid answering questions when subject to select committee review.

Economics of Singapore and Hong Kong Essay Example | Topics and Well Written Essays - 2500 words

Economics of Singapore and Hong Kong - Essay Example The Asian countries of India, China Korea, Taiwan, Hong Kong, Singapore, Indonesia, and Malaysia are notable examples NICs and their dramatic successes in economic growth have often been referred to as the East Asian Miracle. Other Asian countries like China and India have also achieved successes in economic growth. The 'economic miracle' of these East Asian countries is however not exclusive to Asia as countries in the Americas like Chile, Brazil and Mexico have also achieved appreciably high growth rates in their economies and could thus be referred to as NICs as well. It must be said though the growth rates vary amongst all the NICs and as such some growths may be relatively higher compared to others in other NICs. Countries like China, India Singapore and Hong Kong however standout of the rest due to the rapid nature of their growth within a space of about 30 years. Also, the use of NICs is a matter of definition and as such a country like South Africa that was largely secluded f rom the international economy due to its apartheid policies may now be categorised as an NIC by some, while others may classify it as a developed country. This essay will first conduct a generalised or panoramic view of the features that underlie the development experiences of NICs before undertaking a closer look at the experiences of selected NICs. It must be said that though the development experiences may be very varied, some common cardinal features can be seen in the experiences of all NICs. Most NICs were able to achieve high growth rates by instituting market reforms that favoured exports. (Hamilton 1987) There was also a strong emphasis on value added manufacturing that changed their economies from predominantly agrarian economies into industrial and manufacturing based economies. Increased capital investments from foreign and domestic sources played a key role in the development experiences of NICs and so did the development of domestic corporations that could compete with other foreign corporations both on the domestic market and on the regional or international markets as well. (Bhagwati, 1996) Typical examples are the automotive, steel and ship building companies of Korea. Political leadership also contributed significantly to the high growths in the economies of NICs. As stated earlier, though the 'authoritarian' thesis is a disputed one, the fact that relative political stability pertained in the countries that recorded significant growths in their economies goe s to show that political leadership played a crucial role in the development experience of NICs (Combie, 2000). The next segment of this essay will undertake a closer look at economies of Hong Kong and Singapore."Singapore, a leading trading power and financial centre, is one of the quintets of trillion dollar economies of Asia. Over the past two decades, the government has been kept minimum. Still the Government bodies such as sovereign wealth fund Temasek control corporations responsible for 60% of GDP. The distinguishing characteristic of Singapore's Economy is the low level of corruption, stable prices one of the highest per capita gross domestic products (GDP) in the world. The country has open business environment and one of the

Disaster Resilient Engineering Innovations Essay

Disaster Resilient Engineering Innovations - Essay Example For a holistic approach to mitigating the impact of the catastrophe, a multi-stakeholders collaboration is necessary. For engineering plans to be successful, knowledge, researchers, and information from other disciplines such as geologists, sociologists, public administrators, information technology, the government and several others must be involved. With the experiences of the countries on the different types of calamities, the government and the concerned private groups that includes engineering organizations, continually devise plans and designs to make communities resilient and sustainable amidst the threat of natural disasters. This paper will present the innovations and initiatives implemented in the field of engineering to mitigate the impact of natural disasters, particularly earthquakes, flood, and tsunami. Earthquakes, flood, tsunamis, and other natural disasters have occurred in more frequency around the globe have caused billions of dollars lost and an unaccounted number of deaths. These natural calamities have challenged the stability of buildings, bridges and other infrastructures. Thus, engineers and planners have continually engaged in innovative engineering approaches in order to mitigate the impact of these natural forces. Floods, earthquake, and tsunamis, as well as landslides, cyclones, etc. have posted a major challenge to governments, much more than they have become a regular occurrence. 1 A great challenge to the government is to protect the lives of people and animals, as well as properties. 2 In order to attain these goals, engineering plans must be designed capable of bearing the force that these natural disasters bring forth. Also important is building of rehabilitation and medical institutions that could bear the load since victims will be treated in these facilities when a disaster strikes. 3 Rehabilitation and medical facilities must be constructed farther from fault zones and coastal.

William Shakespeare’s play Romeo and Juliet Essay Example for Free

William Shakespeare’s play Romeo and Juliet Essay â€Å"Shall I compare thee to a summer’s day?† Many people all over the world have heard the expression from William Shakespeare’s play, Romeo and Juliet. The tragedy is about two star crossed lovers who are born into two different families, Juliet’s family, the Capulets and Romeo’s family, the Montague’s. The families have an ancient grudge. Due to this family feud, many drastic events take place involving deceit, sorrow, sacrifice and pain, resulting in the death of both Romeo and Juliet, along with their love. Romeo and Juliet is full of situations and themes to which students are able to relate: friendship, betrayal, feuds, conflict with parents, young love, religion, adolescent hormones, a lack of perspective, desperation, and conflicting loyalties. In this essay, several themes will be connected to Romeo and Juliet using music and cinema, as well as to my life and situations that occur in life or the world. One of the reoccurring themes in Romeo and Juliet is love. The concept of love is portrayed in various parts of the play. The play actually focuses on love and emphasizes how two, innocent lovers endure the pain they go through, what they have to sacrifice and what they do just to keep themselves together. Many references to Romeo and Juliet appear in movies, pop songs, and art frequently. Taylor Swift refers to the play in her hit song, â€Å"Love Story.† Love Story is a song based upon love, and, reflects a story about how two people meet and fall deeply in love which also connects to the theme of family feuding. However, the girl’s father does not approve of the boy and warns the two to keep a steady distance from each other. In Swifts, Love Story†, line (8) says: Little did I know that you were Romeo, you were throwing pebbles and my daddy said, Stay away from Juliet. Based on this piece of the song, it can be related to Juliet’s father warning Romeo to stay away from his daughter and that he would never allow her to be with him. Another example is in lyrics, 17-20 which say: â€Å"So I sneak out to the garden to see you, we keep quiet cause were dead if they knew, so close your eyes, escape this town for a little while.† This line of the song can be strongly connected with the family feud between the Capulets and Montagues. Romeo and Juliet loved each other dearly; however, their families had powerful hate for one another. Therefore, in order for the two lovers  to keep contact with each other, they had to sneak out and meet in various places due to their undeniable love, such as the balcony, Friar Lawrence’s cell, etc. However, the ending of the song is different with the ending of the play. The ending of the song is one that is full of happiness as opposed to the ending of the play which has a melancholy ending. James Cameron’s hit movie, Titanic, also depicts the love two people have for each other and what they endure through it. Titanic is a 1997 American, epic, romantic, disastrous film between a man and woman of different social classes who fall in love aboard the ship during its ill-fated maiden voyage. Even though, Titanic is an example of melodrama and Romeo and Juliet is an example of dramatic literature, they both connect with one another according to the theme of love, separation, and family feuds. In Titanic, Rose and Jack withstand forbidden/ socially unacceptable love. Rose Bukater is a wealthy woman and comes from a family with upper class. On the other hand, Jack Dawson is a poor man, who does not have much to offer to Rose. Therefore, Rose’s mother forbids her to stop meeting Jack since they will never be of the same kind. This can be connected to the family feud of Romeo and Juliet, between the Montagues and Capulets as they also forbid their son and daughter from seeing each other. Another example of how Titanic ties in with the theme of parting in Romeo and Juliet is when both couples (Rose and Jack and Romeo and Juliet) are separated from one another for a short period of time by fate or circumstances beyond their control. In Romeo and Juliet, Romeo is banished from Verona for killing Tybalt, Juliet’s cousin. On the other hand, in Titanic, Jack is framed as a thief for â€Å"stealing† a diamond necklace that belonged to Rose. Due to this, Jack was forbidden to meet with Rose again, who were separated for some time. Shakespeare’s, Romeo and Juliet, relates to the youth of today or situations that occur presently, in various ways. People fall in love every day; there are still families who dislike and argue over each other. Many people are forbidden from seeing someone that is close to them but they still meet secretly, just like Romeo and Juliet. Students whose families are not feuding with another can relate to having a conflict of interests with  their parents. For example, my best friend’s aunt, Tami, fell deeply in love with a man her father strongly disapproved of. Therefore, she secretly meets him without anyone knowing. In conclusion, the play, Romeo and Juliet demonstrates many themes that are portrayed throughout different parts of the play. Connections with different pieces of work that deal with music and films can be made clearly. Love Story, by Taylor Swift and James Cameron’s, Titanic, beautifully describes examples about the storyline of Romeo and Juliet. Romeo and Juliet can be correlated with situations in life today, that teach us about love and mistakes some people make.

Symbolism in The Chrysanthemums by John Steinbeck Essay -- Papers Chry

Symbolism in The Chrysanthemums by John Steinbeck At first glance John Steinbeck's "The Chrysanthemums' seems to be a story of a woman whose niche is in the garden. Upon deeper inspection, the story reveals strong symbolisms of children, vulnerability, and connection--being the most important, of the main character. Elisa Allen is the main character who is at her strongest and most proud in the garden and weakened when she becomes vulnerable and loses her connection to the outer world. Elisa shows a new aura of confidence when she makes this connection to a peddler, who also is the cause of her realization of reality and her crying. The chrysanthemums symbolize Elisa's "children." She tends her garden and handles the chrysanthemums with love and care, just as she would handle her own children. Elisa is protective of her flowers and places a fence around them; she makes sure that "no aphids, no sowbugs or snails or cutworms" are t here. "Her terrier fingers destroyed such pests before they could get started" ( 221). These pests represent something that ...

Leadership and Human Behavior Essay

As a leader, you need to interact with your followers, peers, seniors, and others; whose support you need in order to accomplish your goals. To gain their support, you must be able to understand and motivate them. To understand and motivate people, you must know human nature. Human nature is the common qualities of all human beings. People behave according to certain principles of human nature. Human needs are an important part of human nature. Values, beliefs, and customs differ from country to country and even within group to group, but in general, all people have a few basic needs. As a leader you must understand these needs because they can be powerful motivators. Maslow’s Hierarchy of Needs Unlike others researchers in the earlier days of psychology, Abraham Maslow’s based his theory of human needs on creative people who used all their talents, potential, and capabilities (Bootzin, Loftus, Zajonc, Hall, 1983). His methodology differed from most other psychological researchers at the time in that these researchers mainly observed mentally unhealthy people. Maslow (1970) felt that human needs were arranged in a hierarchical order that could be divided into two major groups: basic needs and metaneeds (higher order needs): * Basic Needs are physiological, such as food, water, and sleep; and psychological, such as affection, security, and self-esteem. These basic needs are also called â€Å"deficiency needs† because if they are not met by an individual, then that person will strive to make up the deficiency. * Metaneeds or being needs (growth needs). These include justice, goodness, beauty, order, unity, etc. Basic needs normally take priority over these meta needs.

Does Drm Effect Affect Memory - 1553 Words

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