CONVENTIONS OF THE BRITISH CONSTITUTION
Convention is a rule of political behaviour, first established to cope with a specific problem, which becomes a precedent for all subsequent political actions and relations between various organs of the government. It is the unwritten rule of political ethics as sacred as law but not enforceable by the courts. Dicey has defined the Conventions as the "rules for determining the mode in which the discretionary powers of the Crown ought to be exercised." Ogg defines Conventions as "understandings, habits or practices or usages or customs which, by their sole authority, regulate a large proportion of the actual day—to—day relations and activities of even the most important of the Public Authorities." The uniqueness of the British Constitution is that it is run by Conventions more than most other written Constitutions. Though these Conventions are unwritten, yet these are understood with great exactness and followed scrupulously by the Ministers and others.
CONVENTIONS OF THE BRITISH CONSTITUTION |
Examples: The following are some of the most important Conventions of this Constitution:
- The whole Cabinet system is based on several Conventions, e.g., if the Cabinet is defeated by amajority vote in the House of Commons, it must, by Convention, resign; or, it may ask the Sovereign to dissolve Parliament and appeal the country to decide for or against the Cabinet by a new general election.
- The Cabinet is responsible to Parliament as a whole for the general conduct of affairs.
- The leader of the majority party in the House of Commons is summoned by the Queen to take over as the Prime Minister.
- Parliament must be summoned for the dispatch of business at least once a year.
- Parliament must consist of two Houses, the House of Lords and the House of Commons.
- A bill passed by Parliament and placed before the Queen must be signed by her.
- A ministry should not introduce a bill in Parliament which is of a controversial nature unless it has a mandate from the electorate. It is called the Mandate Convention and has acquired great significance during recent times, due to Socialistic Legislation.
- The House of Lords is also the highest Court of Law in Great Britain.
- Every bill must be read three times before it is passed, etc.
Difference between a Convention and a Law:
The Conventions are not like the Constitutional Laws. There are two distinctions between them. A law is precisely formulated and adopted, but it is nobody's business to define a Convention precisely. It evolves by precedents. Every occasion, when repeated, becomes clearer than before. Secondly, laws are enforceable through the Courts, when violated; but the Conventions are not, because the courts do not recognize them.
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