The court’s contradictions

In its implications for political institutions, the 2G orders are distinctly worrying. Simply put, they seem to have put a seal of approval on the evisceration of two cardinal principles of democratic government — ministerial responsibility and cabinet responsibility. And the form in which it is done makes the court somewhat less than convincing and internally inconsistent. Consider, for example, this rather odd sentence: “Unfortunately those who were expected to give proper advice to Respondent No. 1 and place the full facts and legal position before him failed to do so.

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