Constitutional Conventions.

Question 1

What constitutional conventions?

Answer 1

-Constitutional political rules.
-Non-legal rules
-Binding, regulating
-Backward looking, unfixed/evolving.

Question 2

What is its definition in case law?

Answer 2

-Conventions are political.
Ø Those who are bound by conventional rules are usually in law/politics e.g judge.

-Discussions at cabinet are secret, open to different opinions. The outcome leads to them agreeing/pretending to agree with the same decision and disclosing the information discussed. This is the convention of collectible responsibility.

Question 3

What does Dicey state about its definition in literature?

Answer 3

Conventions ‘may regulate the conduct…are not in reality laws at all’.

Question 4

What is the Jennings test for identifying constitutional conventions?

Answer 4

1) Any Precedents which indicate how a constitutional actor should behave?
2) If so, do they believe they ought to follow this convention?
3) Is there a good constitutional, pragmatic or other reason justifying the rule?

Question 5

What reason does the Jennings test propose for why we should obey conventions?

Answer 5

Ø Precedent indicates expected practice.
Ø Belief they ought to be followed, this means you are behaving legitimately.
Ø A good constitutional reason suggests that it should align with the convention, for conduct to be constitutional.

Question 6

What are other reasons to obey conventions?

Answer 6

Ø Constitutional legitimacy, avoiding political judgement and dictating resolution disagreements.

-Supports legitimacy of democratic institutions, promoting harmonious inter-institutional dialogue.

Question 7

Who does constitutional conventions limit?

Answer 7

-Sovereign
-Prime Minister
Ø The Prince of Wales.
Ø Politicians
Ø Senior members of the judiciary.

Question 8

What do conventions regulate?

Answer 8

Ø Establish the behavioural characteristics of Cabinet government.
Ø Create the office of prime minister.
Specify the function of a King following an election.

Question 9

What are ministers normally members of?

Answer 9

House of commons and house of lords.

Question 10

What is the cardinal convention?

Answer 10

Requires the monarch to act on and use prerogative powers consistently with ministerial advice

Question 11

What is the tripartite convention?

Answer 11

The monarch should be consulted by, may encourage and may warn their ministers.

Question 12

What are conventions?

Answer 12

Ø Not legally binding
Ø Product of practice and tradition
Ø Inform and guide constitutional actors.

Question 13

What is political?

Answer 13

Ø Respect for constitutions may mean they moderate and modulate responses to conventions.
Ø Political difficulties by ignoring a convention.

Question 15

What is legal?

Answer 15

Ø Enforceable by the courts.
Ø Product of legislative process.
Ø Determine appropriate behaviour/practice.
Ø Breaches may also be breaches of the law.
Ø No obvious legal sanctions for breaching a convention.
Not clear who determines that a convention applies.

Question 16

What are examples that a breach of a convention may lead to a lapse of the law?

Answer 16

Ø Parliament meeting once a year
Ø Army Acts
Appropriation Acts.

Question 17

What three elements did Jennings say there are to a convention?

Answer 17

1) Precedents
2) The actors involved must believe themselves to be bound by a rule.
3) There must be good reasons for the rule.