Roles of convention and UK cons

Question 1

Factors of the UK cons.

Answer 1

⇒It is not codified- unlike US

⇒ There are no written cons.: Based on traditions, princples and conventions

⇒Made up of conventions

Question 2

Arguments for the codification

Answer 2

⇒ UK consitution can be based on informal sources like academic princples etc. Codification would make it a formal document, that is clear, assertive and easier to refer to etc

⇒”No one knows what it is” Mclean- on Uk cons: codifying it would provide the UK cons clarity

⇒Would help determine the needed post-brexit consideriation of new legal order in UK

Question 3

Challenges with codification

Answer 3

⇒ threatens parlimentary sovergnity: Laws and princples will be based on cons and no longer parl.

⇒ Uncodified allows flexibility and adaptabilty

⇒Adminstrative difficulties: Creating new systems, conflicting statues etc.

Question 4

Diff between codified and uncodified:

Answer 4

⇒ Dispute on whether codified consitution is needed- would provide clarity, stability, more effective check and balance and structure

Counter: Impossible for US cons. to be fully written down- Anthony king

⇒Uncodified consitution permits flexibility

⇒allows the Uk to respond to new events effectively like Dublane massacre in which mass shooting to school kids led to guns to be banned
⇒ But there is a more complex law to understand- lack of clarity

⇒Uncodified allows the Uk to incoporate EU laws without EU supermacy threatening P.S.

Question 5

British theory on the consitution

Answer 5

⇒ Percieved as a evolving and complex organism- Rigen

⇒ Cannot be ridgley fixed due to its constant evolution unlike US cons- rigen

Compared to New Zeland and Isreals uncodified cons.:
⇒ NZ: Based on the treaty of Waitangi 1840, similarily to the UK magna carta

⇒ Isreal: Tried to attempt to codified but appeal in the 90s due to rigidy to codified cons

Question 6

Conventions: Def and funct

Answer 6

Definition of conv.: Unwritten maxims that govern constution- Mill

Function:
⇒ Contains rules of the cons that guarntee political accountability

Question 7

Enforceability of conventions

Answer 7

Can be Strong or weak enforceability:

⇒ Strong: Strict enforcement of convens

⇒ Weak: Followed more loosely

Question 8

Strong conventions examples

Answer 8

⇒ Executive: royal assent or PM appointment

⇒ Parlimentary: Speaker neutraility

⇒ Judicial covens.: Judges political neutraility

Question 9

Why are conv. followed and two main conventions followed

Answer 9

Observed as political difficulties will arise if they are not- Ivor jennings

The conventions followed in the UK:
⇒ Saliusbury convention: The house of parliament follows the S. Conv, as an agreement that the house of lords will not oppose any elected manifesto

⇒Sewel convention: Parliament cannot legislate any matters regarding devolved powers (scotland, ireland and wales)- this became challenged during the invocation of Art 50 during brexit

Question 10

Enforcement of Conv. in courts

Answer 10

⇒Courts recongise the polticial conv. but cannot provide legal rulings for scopes of them

Case example: Madizumbuto case [1969]: The conduct can be unconsitutional and breach a conv. but it will not be unlawful” - Case determined that act of parlimament is superior

Further example
⇒ Sewel convention during the brexit case: It was determined that the UK gov did not need an agreement from the devolved powers on their legisl. and triggering article 50 on their behalf. It was recongised by courts but refused enforcement-treated like polticial token