Constitutional Conventions Flashcards
Constitutional convention
A usage or practice having constitutional character which, although binding, is not enforced by the courts
Sir L Jenning’s 3-part test in identifying a constitutional convention
- Precedents- mere practice is insufficient
- If the actors in the precedents believe they were bound by a rule- is there an obligation?
- Is there a reason for the rule?
Salisbury- Addison convention
HoL should not block any gov promise to implement legislation in their manifesto
Tripartite convention
Enables the monarch to exercise their right to consult, encourage and warn their government
The education convention
The Heir to the Throne’s instruction in the business of government in preparation for when they become the monarch
The Cardinal Convention
The monarch is expected to act in accordance with ministerial advice
‘a practice which observes a history of broken observance, in respect of which there is a
strong sense of obligation, and which forms an integral part of the constitutional order’
Adam Tomkins