Page - 161 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

161Ensuring Executive and Legislative Accountability in a Pandemic to ensure that courts are open. Real challenges remain, however. In thinking through these challenges, it is important to consider all avail- able accountability mechanisms. In this chapter, I have suggested that off-stage accountability mechanisms are playing an important role in structuring the govern- ment’s response to the pandemic. These mechanisms include informal negotiations between the parties prior to legislation being proposed and the impartial advice of public servants, especially government lawyers. As time goes on, one would hope that some of the off-stage debate between the parties will move to a more public forum. I have also suggested that the Senate is well placed to hold the executive to account for its response to COVID-19, through a combi- nation of its traditional role as a chamber of sober second thought, its more recent independence, and its increasing willingness to actively take on the role of advocating for certain policy proposals. Finally, courts must be open to hear challenges to executive and legislative overreach and government inaction, particularly given the disparate impact of pandemic policies on the most vulnerable.