Community Under the Constitution - Public Health Concerns - Essay Writing Law Assignment Help

Assignment Task:

Essay question:
’The continued existence of the community under the Constitution is a condition of the exercise of all the other powers contained in the Constitution, whether executive, legislative or judicial. The preservation of the existence of the Commonwealth and of the Constitution of the Commonwealth takes precedence over all other matters with which the Commonwealth is concerned. As Cromwell said, ”Being comes before well-being.’

Representative and responsible government is a tenet of Australia’s public law system. In times of crisis, however, accountability and representative decision making are in tension with more pressing issues related to physical well being and safety.The National Cabinet was put together in a time of crisis where parliamentary scrutiny and judicial review were hampered by public health concerns. Its establishment, membership, and processes therefore bypassed a
number of accountability measures that normally apply to the executive government. Was this warranted? As the global pandemic continues, are further accountability measures relating to the National Cabinet required to establish public trust and protect representative and responsible government?

In your answer you should:

• Discuss what representative and responsible government is and how it is mandated and upheld in Australia
• Explain how the National Cabinet was established and how it operates
• Critically evaluate how accountability and transparency in decision making of the executive were maintained during this period
• Critically analyse whether accountability and transparency reforms are needed

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