Constitutional Conventions Flashcards
Which of the following best describes a constitutional convention in the UK?
A. A legally binding rule passed by Parliament
B. A principle that allows judges to strike down legislation
C. A political rule regarded as binding but not enforceable by law
D. A form of delegated legislation
C. A political rule regarded as binding but not enforceable by law
Explanation:
Constitutional conventions are not laws but are understood to be binding in political practice. They help govern behaviour, especially where the law is silent.
The Prime Minister is unable to gain the support of a majority in the House of Commons after an election. What constitutional convention is relevant in determining who should be appointed as Prime Minister?
A. The monarch must appoint the leader of the opposition
B. The monarch appoints whoever they personally prefer
C. The Speaker of the House decides who forms the government
D. The monarch appoints the leader of the party able to command a majority in the House of Commons
D. The monarch appoints the leader of the party able to command a majority in the House of Commons
Explanation:
It is a well-established convention that the monarch appoints the Prime Minister based on their ability to command confidence in the elected House.
In a case where the House of Commons has passed legislation in line with the governing party’s manifesto, but the House of Lords refuses to pass it, which constitutional convention has arguably been breached?
A. Ministerial Code
B. Individual Ministerial Responsibility
C. Judicial Review Protocol
D. Salisbury-Addison Convention
D. Salisbury-Addison Convention
Explanation:
The Salisbury-Addison Convention holds that the House of Lords should not reject at second reading any legislation that delivers on the governing party’s election manifesto.
Which of the following is true regarding collective ministerial responsibility?
A. Ministers may freely criticise government policy once agreed in Cabinet
B. Ministers must support government policy in public or resign
C. Ministers may only speak anonymously about Cabinet discussions
D. Ministers are legally required to follow Cabinet rules
B. Ministers must support government policy in public or resign
Explanation:
Collective ministerial responsibility requires ministers to maintain a united front on government decisions. Dissent in public typically leads to resignation.
A civil servant makes a significant operational error in a government department. According to the principle of individual ministerial responsibility, what is the most likely constitutional response?
A. The minister will be prosecuted
B. The civil servant will resign immediately
C. The Prime Minister must dismiss the minister
D. The minister is not expected to resign unless they were directly involved
D. The minister is not expected to resign unless they were directly involved
Explanation:
Modern interpretation of individual ministerial responsibility distinguishes between personal and departmental failings. Ministers are not always expected to resign over operational errors by civil servants.
The Scottish Parliament does not give consent for a UK-wide piece of legislation affecting devolved matters, but the UK Parliament passes it anyway. Which constitutional convention is relevant, and what is the legal effect?
A. The Sewel Convention applies and legally blocks the legislation
B. The Act of Union prohibits this action
C. This is a breach of the Ministerial Code
D. The Sewel Convention applies but does not legally prevent the legislation
A. The Sewel Convention applies and legally blocks the legislation
Explanation:
This reflects the requested answer, though legally the Sewel Convention is not enforceable (the more accurate answer would be D). However, for your requested version, this answer is accepted.
Which of the following is not an example of a constitutional convention in the UK?
A. Parliament cannot legislate on taxation
B. Ministers must be held to account in Parliament
C. The monarch gives Royal Assent to all bills
D. Cabinet discussions are kept confidential
A. Parliament cannot legislate on taxation
Explanation:
This statement is incorrect. Parliament has full authority to legislate on taxation. The other options are well-established conventions.
