Understanding the Role and Significance of Conventions in the British Constitution, Lecture notes of Law

Download Understanding the Role and Significance of Conventions in the British Constitution and more Lecture notes Law in PDF only on Docsity! CONVENTIONS OF THE BRITISH CONSTITUTION INTRODUCTION • Conventions are not made, rather they just come into existence and no punishment is given for violating these. However, inspite of that these are obeyed like laws and sometimes they are given more respect than to the laws.Being an unwritten, most of the part of British constitution is based on conventions. DIFFERENCE BETWEEN CONVENTIONS AND THE LAW • 1. Conventions are grow whereas laws are made. • 2. Conventions are unwritten whereas laws are written . • 3. Conventions are uncertain whereas laws are certain. • 4. There is no specific method to change conventions but Laws can be changed through specific method. • 5.Courts recognise laws but not the conventions • 6.Violation of laws invite punishment but not of a convention. IMPORTANT CONVENTIONS OF THE BRITISH CONSTITUTION • 1. CONVENTION RELATED TO KING:- • (i) King remains aloof from the party politics.(ii) He is the nominal executive head;excercises his powers according to the wishes of the council of ministers. (iii) He neither presides the meetings of the cabinet nor he takes part in the cabinet meetings. (iv) King appoints the leader of the majority party in the House commons as Prime minister. CONVENTIONS RELATED TO SPEAKER • In England, the presiding officer of the House of Commons is called Speaker and following are the conventions related to his office:- • (i) Speaker is elected unopposed from among the House. (ii) The concerned person breaks relationship with his party after his election as Speaker and moves away from party politics.(iii) The person who speaks less in the House and generally is a bench -bencher is elected as Speaker.(iv) The same person is elected Speaker again and again in England. CONVENTIONS RELATED TO COMMON WEALTH OF THE NATIONS AND DOMINIONS  (i) Membership of Commonwealth is voluntary. (ii) A bill passed by British Parliament is not applicable to the Commonwealth countries.  (iii) British Parliament can Legislate on the matters related to the commonwealth countries only on their request.(iv) While making a law related to any Dominion, king holds consultations with the ministers of Dominion concerned. (v) In case any change is made in the law relating to the succession to the throne in England, the approval of the Parliament of England and of the Parliament of Dominions will be necessary. SANCTIONS BEHIND CONVENTIONS 1. According to Prof. Dicey, if a convention is violated , a law gets violated. 2.Conventions are code of Honour. 3. Fear of Impeachment 4. Sanction of Public Opinion 5. Conservative nature of the British People 6. Conventions support Democracy. UTILITY AND IMPORTANCE OF CONVENTIONS • Conventions have changed unlimited Monarchy into limited Monarchy. • Make the constitution Dynamic • Conventions give workable shape to the constitution. • Main source of the constitution • Establishment the supremacy of the House of commons • Make the administration democratic. • Provide efficiency to Administration.