Ministerial Responsibility

Ministerial responsibility refers both to the collective responsibility for government policy and actions which ministers share, and to ministers' individual responsibility for the work of their own departments.

'Collective responsibility' means that all ministers unanimously support government policy once it has been settled. The policy of departmental ministers must agree with the policy of the Government as a whole. Once the Government has decided its policy on a particular matter, each minister is expected to support it or resign. On rare occasions, ministers are allowed free votes in Parliament on important issues of principle or conscience.

Ministers are individually accountable for the work of their departments and agencies, and have a duty to Parliament to answer for their policies, decisions and actions.

Departmental ministers normally decide all matters within their responsibility. However, many issues cut across departmental boundaries and need the agreement of more than one minister. The full Cabinet or a Cabinet Committee considers proposals where the issue is one which raises major policy concerns, is likely to lead to significant public comment or criticism, or where the departmental ministers concerned have been unable to agree.

On taking up office ministers resign directorships in private companies, and must ensure that there is no conflict between their public duties and private interests. Detailed guidance on handling ministers' financial interests is set out in the Ministerial Code.

1. Make up sentences which would start with the following.

1. ‘Collective responsibility’ __________.

2. Ministers are permitted to __________.

3. Departmental ministers __________.

4. The full Cabinet __________.

5. Ministers’ financial interests __________.

2. Speak on the role of ministerial responsibility.

English common law

Many centuries ago, there was no written law in England. Each feudal lord administered justice personally. Disputes were settled on the basis of local customs and the feudal lord’s judgment. Then, the king was able to establish a system of courts. The rules of law, which were stated in these early cases, became precedents for settling future, similar cases. Thus, particular rules became fixed, and people knew what to expect if similar problems arose in the future. This resulted in what has come to be known as the Common Law-judge-made case law that has its origin in the traditions, customs, and trade practices of the people. During several hundred years, English judges have been able to refer to law reports – reports of old decisions to help them decide new cases. Nowadays, the common law made by the judges has often been changed – sometimes completely remodelled by Acts of Parliament, and it is also being changed by European Community laws, as well.

In the common law world, the judges have a high status, they are appointed exclusively for high professional competence from among the barristers who practise before the superior courts. One other feature of the English common law has borrowed by many modern states is the use of the jury. The jury has often been thought to be a major obstacle in the way of any government bent on tyranny or oppression, because it stands between prosecutors and the accused person.

Another outstanding characteristic of the common law is that a trial in the common law world is not a general inquiry into what has happened. The job of a judge is to listen, to observe and finally to decide between the assertions and claims of the parties. Common lawyers believe that judges who question the parties or their witnesses too much are descending into the battle themselves, whereas they should stand aloof from the questioning.

This concept of the trial as a contest, between two parties is deeply ingrained in the common lawyer’s practice and has great strengths. These trials depend much on the presence of competent barristers who represent their clients and make the arguments.

1. Answer the following questions.

1. How was justice administered in the past?

2. What is the precedent?

3. What is the common law based?

4. Has the common law often been changed?

5. What status do judges have within the common law?

6. What is the judge’s function during a trial according to the common law system?

2. Find proper words in the text using the following definitions:

1. the body of law based on custom which is administered and developed by the courts in judicial decisions;

2. a lawyer who has the right to speak as an advocate in higher law courts;

3. earlier happening, decision as an example or rule for what comes later;

4. body of persons who decide the facts of a case;

5. a person with power to hear and decide disputes between parties.

3. Cover the main points of the text using the plan.

1. Justice in the past;

2. The development of judge-made case law;

3. How the common law is being changed in modern times;

4. Chief characteristics of the common law

4. Using the words and phrases, compose a story of your own.

administer justice; argue before higher courts; to settle disputes;

be ingrained in; refer to law reports; have great strength;

have professional competence; make the arguments.