constitutional conventions

Question 1

What are constitutional conventions?

Answer 1

These are rules which are not legally binding but are politically and morally binding. These help govern the relationship with organs of the government.

Question 2

What are the characteristics of constitutional conventions?

Answer 2

They are:
- flexible
-non-codified: there are few written conventions such as cabinet manual, Sewel convention and the Salisbury convention
- evolutionary

Question 3

What are examples of conventions in the Monarch?

Answer 3

• royal assent, by convention, the king/queen has to sign any bill passed by the parliament.
• the monarch has the prerogative power to appoint the PM by convention. He appoints the MP who draws the majority in the Commons.
• The monarch, by convention, can warn, advise and encourage the PM during the private weekly audience between the both.
• The monarch has the prerogative power to dissolve, prologue and assemble the parliament, but the convention this must be done with the advice and recommendation of the PM
• the monarch also has the power to appoint new ministers, but by conventions, the king should appoint on advice from the PM.

Question 4

What are the examples of Conventions relating to the parliament?

Answer 4

• the Salisbury convention, by convention, the House of Lords cannot impose on any governmental legislation on third or second reading.
• the House of Lords yields to the House of Commons.
• Sewel Convention: any matters regarding the devolved Scotland, Wales and North Ireland must be consented to by the countries before parliament.

Question 5

What are examples of conventions related to the central government? (executives)

Answer 5

• all members of the executive must be drawn from the parliament.
• the office of PM: this is not legally established; thus it is not something required legally but is established on the terms of the convention.
• Cabinet: same as the office of PM, it’s not legally required, but conventions that control the cabinet are written in the cabinet manual.
• the doctrine of ministerial responsibility: the conventions of all minister’s responsibility and accountability.

Question 6

Are there any conventions related to the judiciary?

Answer 6

Yes, criticism of judicial decisions is a convention.

Question 6

Explain in what terms conventions are flexible?

Answer 6

• conventions can quickly die or be replaced by other new ways depending on the situation of the era.

Question 7

case law example of constitutional conventions relating to the powers of the monarch

Question 8

case law examples of conventions in executives.

Question 9

case law examples of conventions in judiciary