Constitutional Conventions

Front 1

What does Dicey say that Conventions are?

Back 1

"Understandings, habits or practices which, though they may regulate conduct...are not in reality law at all since they are not enforced by the courts."

Front 2

What does Jennings' say that conventions are?

Back 2

"Conventions provide the flesh which clothe the dry bones of law."

Front 3

What are some examples of Conventions which the Queen exercises?

Back 3

-Powers under the Royal Prerogative relating to foreign affairs.
-Power to dissolve Parliament.
-When selecting PM, she must choose the party leader best able to command a working majority in the House of Commons.

Front 4

What are some examples of conventions between government and parliament?

Back 4

-A government defeated on a motion of no confidence must resign.
-Ministers are responsible and accountable to Parliament for the conduct and administration of their departments- they must not knowingly mislead Parliament.

Front 5

What is the Sewell Convention?

Back 5

The UK Parliament will not normally legislate in the areas devolved to the relevant Scottish, Welsh and Northern Ireland bodies without consent of the devolved legislature.

Front 6

What is the process of creeping codification?

Back 6

-The fact that some conventions are now becoming placed in statutory form. For example, the Ponsonby Rule (requiring ministers to lay treaties before the Commons before they are ratified), and civil service impartiality.

Front 7

How are conventions established?

Back 7

1) From a series of precedents that have given rise to a binding rule of behaviour.
2) An agreement among people concerned to work in a particular way and adopt a particular rule of conduct. CAN BE CREATED, e.g. SEWELL CONVENTION.

Front 8

What does Colin Munro state about the distinction between laws and conventions?

Back 8

He supports Dicey's view that they are separate.
-"conventions rest entirely on acquiescence...if a supposed convention is not accepted as binding by those to whom it would apply, then there could not be said to be a convention."

-"Laws do not depend on acquiescence. They may be unpopular or widely disobeyed, but that does not mean that they are not laws."

Front 9

What is the purpose of Conventions?

Back 9

1) To ensure democratic accountability.
2) In Re Amendment of the Constitution of Canada- "to ensure that the legal framework of the Constitution will be operated in accordance with the prevailing constitutional values of the period."

Front 10

In what ways have conventions been criticised?

Back 10

1) Difficulty in defining them
2) sanctions for their breach
3) the term is insufficiently precise.

Front 11

What would be the affect of codifying conventions?

Back 11

Pro- It would allow greater clarity and certainty.

Con-It would allow less flexibility and evolution with changing circumstances.

Front 12

What are some recent examples of codification of conventions?

Back 12

1) The ministerial code on ministerial responsibility to Parliament.
2) The civil service code.

Front 13

What does Marshall say about constitutional conventions?

Back 13

"conventions are followed because of the political difficulties if they are not"