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Public Law Assignment 1

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38 views3 pages

Public Law Assignment 1

Uploaded by

usmanraja875
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PUBLIC LAW

ASSIGNMENT#1
Submitted by: MOEN UD DIN BUCHA
Year:1 ; GROUP: A
Topic
Constitutional Conventions
QUESTION
Discuss the role that constitutional conventions play
in the functioning of the modern British Constitution.

Answer
Constitutional conventions are indispensable to the functioning of the
modern British Constitution, as it is largely unwritten and based on a
combination of statutes, legal precedents, and practices. Moreover, these
conventions function as gap fillers in formal law, consequently providing
guidance on crucial political processes and ensuring that the government
operates smoothly. Conventions also depict regulatory measures between
the relationships of key institutions such as the monarchy, Parliament,
and the executives. Another key function is providing flexibility in
governance. For instance, conventions dictate the formation of the
government, the role of the Prime Minister, and the limit on the
monarch’s power; helping to balance tradition with modern democratic
practices.

Conventions are unwritten rules or practices , which imply that they are
not codified in law, guiding the behaviour and functioning of political
institutions. It is to be highlighted that conventions are not legally
enforceable yet they are followed due to political and moral obligations.
Conventions address omissions in formal constitutional law, ensuring
effective governance by regulating conduct in areas where no explicit
legal provisions exist. They are flexible as they can evolve to reflect
political and societal changes. In other words, conventions are
supplementary as they support and complement the written laws and
constitutional framework.
However, there are some drawbacks since conventions are not legally
binding, and there is no formal mechanism to enforce them if they are
violated. Inconsistency deploys itself as conventions have a flexible and
evolving nature. This possibly can create unpredictability in government
practices over time. This also results in conventions potentially being
vague and/or ambiguous sometimes which may lead to differing
interpretations and serious political disputes.
Nevertheless, it is evident that conventions do play a significant role in the
British Constitution since they form a non-legal source of the Constitution
itself.
To make this view concrete, it is absolute to put in a few highly obliged
conventions. The highly deemed convention is the Royal Assent, which
states that although the monarch formally grants royal assent to
legislation passed by the parliament, it is conventionally understood that
this will always be granted. This convention not only reflects the principle
of parliamentary sovereignty but reinforces the democratic process while
maintaining the ceremonial status of the monarchy. Another major is the
Salisbury convention which engages the understanding that the House of
Lords should not block legislation that was included in the governing
party’s manifesto. This helps to preserve the legitimacy of elected officials
against the appointed ones by acknowledging the mandate given to the
elected government by the electorate.

As we discussed the nature of conventions, it can be articulated that


sometimes it can be difficult to identify a convention. Identifying
constitutional conventions involves several key steps and criteria that help
to distinguish them from other forms of political practice. Some of them
are establishing practice over time which means that there must be a
historical consistency reflecting an overtime pattern of behaviour. There
must be political acceptance as it is crucial for legitimacy. Conventions are
also guidance for political conduct so there must be a referral presence of
it. The most important factor in identifying a convention is recognisable
outcomes to determine the consequences of a breach because it results
in severe criticism and allegations of a constitutional violation.
Furthermore, the consequences are political rather legal as they are not
legally enforceable through courts stated in the case of Attorney General
vs Jonathan Cape, as well. In order to make it easier. In order to make it
easier to understand, key steps can be referred to as a more detailed view
of Ivory Jennings who proposed a three-part test. The first part is the
existence of a rule or practice. The second is the acceptance by political
actors and the third is the last is the guidance of behaviour. Two of the
conventions discussed earlier also pass this three-step test. The Salisbury
Convention has been consistently followed since its establishment in the
early 20th century and has become an established norm in the UK which
completes the first part of the test. The second part demands the
acceptance by the political actors so the Salisbury Convention is widely
acknowledged among the government, members of parliament, and the
House of Lords; as they understand the importance of this convention,
they generally act with the expectation that they will not obstruct
legislation based on electorate’s will. The Salisbury Convention provides
clear guidance for the behaviour of the House of Lords in relation to the
elected House of Commons. House of Lords also understand the
consequences of breach as whenever they have blocked a legislation, the
political body had to face backlash. Similarly, the convention of Royal
assent also passes all the key factors.

As per my perspective, my conclusion holds the idea that Constitutional


Conventions play a crucial role because they act as a framework for
governance in an uncodified constitution. It fosters cooperation among
different branches of government. It also promotes stability and because
of its nonlegal and flexible nature, unlike statutes, it is easier to adapt.

Word count: 872


Venerated Ma’am,
Your kind appraisal and remarks for improvement would be highly
appreciated.

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