'To Watch, To Never Look Away': The Public's Responsibility for Australia's Offshore Processing of Asylum Seekers

Abstract

The article argues that the duty of the people extends beyond simply choosing their representatives at periodic elections. Individuals in a political community must be engaged with the decisions of their representatives between elections, scrutinising the creation, implementation and outcomes of the policies pursued in their names. The article posits a public ‘duty to watch’ that requires the provision of information by government institutions adequate for the public to assess and take responsibility for policy in its full complexity. The final part of the article then identifies how the duty to watch has a constitutional basis, requiring the disclosure of information about the actions of Australian Commonwealth officers, or those being funded by the Commonwealth in an official capacity.

Keywords: Democracy, Government accountability, Disclosure of Information

JEL Classification: K4