Accountability: A Core Public Law Value?

Abstract

Accountability is a core public law, if not constitutional, value, with close ties to rule of law and separation of powers. Despite this status, the Australian public law system presents only a thin reflection of accountability. This is because it provides control of public power, but not restoration or punishment in cases of abuse of power. This article uses the concept of accountability as a lens through which to view the limitations of existing public law remedies, and briefly outlines two of the potential explanations for these limitations: constitutional barriers and the availability of alternative remedies.

Responsible Government, Statutory Authorities and the Australian Constitution

“…Requiring a minister to be responsible to Parliament in relation to each statutory authority created by the Commonwealth would provide a mechanism for accountability for the actions of the authority. However, while accountability is of course a core value in public law, 201 and ensuring accountability for the exercise of government power is highly desirable, 202 the precise means of ensuring that accountability is not fixed. 203 Ministerial responsibility to Parliament is not the sole means of accountability, nor is it necessarily the most effective in all cases.…”