PUBLIC LAW L4 - Constitutions & Conventions - THE CONSTITUTION OF THE UK - CONSTITUTIONAL CONVENTIONS Flashcards

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1
Q

What is the purpose of conventions? (1)

A

To establish constitutional principles which may or may not be written down or codified.

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2
Q

What is the difference between law and convention? (1)

A

Law may be enforced but convention may not.

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3
Q

What is the role of conventions in the framework of an uncodified constitution? (1)

A

A flexible way of ‘filling in the gaps.’

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4
Q

What is the Salisbury-Addison convention? (1)

A

It means that the HOL should not reject at second reading any government legislation that has been passed by the HOC which carries out a manifesto commitment.

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5
Q

What is the Sewel Convention? (1)

A

It states that the westminster parliament will not normally legislate with regard to devolved matters in Scotland, Wales or Northern Ireland without the consent of the devolved administration.

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6
Q

When must the HOC be consulted? (1)

A

Before the government embarks on any major foreign policy initiatives involving the use of armed forces.

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7
Q

What is the purpose of the united front? (1)

A

So that Parliament has confidence in the government. If it loses that and Parliament passes a vote of no confidence the government should resign.

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8
Q

What does CMR relate to? (1)

A

It relates to the way in which government ministers should behave and operate as a collective whole.

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9
Q

What is the intended purpose of IMR? (1)

A

To regulate how ministers should react if there has been a significant problem or failing in their department.

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10
Q

What should judges and parliament do and not do in relation to each other? (1)

A

Judges must not be politically active and Parliament must not criticise the professional conduct of judges.

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11
Q

What happens if there is a conflict between law and convention? (1)

A

Law will prevail, however there may be political consequences for breach of convention.

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12
Q

What must HOL do regarding conventions relating to the legislature? (1)

A

Defer to the house of commons.

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13
Q

What must conventions relating to the legislature include? (1)

A

The monarch must follow the advice of his ministers.

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14
Q

What do conventions relating to the judiciary include? (1)

A

Judges must not be politically active.

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15
Q

What will courts do in regards to conventions? (2)

A

They will protect them but cannot legally enforce them.

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