ENGLISH CONSTITUTION CONVENTIONS

What is the sanction behind the Conventions? Different writers have given different reasons as to why the Conventions are observed or obeyed

Conventions of the English Constitution? How do these arise and why are these obeyed?

Why is convention obeyed?

According to Dicey, the Conventions are obeyed because these are indirectly sanctioned by the laws. In other words, the breach of a Convention will result in the violation of one or the other law of the Constitution, which will immediately bring the offender into conflict with the Law of the land and the courts. Suppose, for example, that the Parliament is not summoned for two years. Thus, the Convention that it must be summoned at least once a year is violated. If so, a law will be ultimately violated. There will be no Army Act or the Mutiny Act passed by Parliament and the Government will lose all disciplinary authority over the troops. No budget would be adopted and the government will have no money, for no taxes can be collected without Parliamentary approval. If the ministers ever try to collect taxes, the courts will punish them for illegal collection. Thus the government will fail to work, till it summons Parliament at least once -a year. The same will be the result if a Ministry fails to resign after it is out voted in the House of Commons. This is the reason why Conventions are obeyed. But Dicey's opinion is a partial explanation. There are some Conventions, such as that of the three readings of the bills, which can be broken without any ultimate collision with the laws of the land and courts.

According to Lowell, the Conventions are obeyed because these constitute a moral code for observance by public men in the field of practical politics. "In the main," he says, "the Conventions are observed because these are a code of honour. These are, as it were, the rules of the game and the governing class in England is peculiarly sensitive to the obligations of this kind. It is a kind of trust to be held by the party in power. The nation expects their observance and the nation's feelings form the strong support for their obedience."

This view is also supported by Ogg and Sir Maurice Amos. According to them, it is the public opinion that compels obedience to the Conventions. Any breach of a Convention, though not illegal, will be regarded unconstitutional and, therefore it will be publicly condemned. British ministers and politicians are sensitive to public condemnation. Hence out of the fear of public opinion, they observe Conventions. But this, too, is only a partial explanation.

According to Dr. Jennings, something more than the fear of public opinion compels obedience to the Conventions. It is the desire of every member of the Government to play his role well, to observe the traditions of constitutional government and "to keep the intricate machinery of the ship of the State in working order." In other words, the Conventions are observed, because the ministers and politicians have the habit and inclination to obey them. The rulers would lose the confidence of the people, if they wantonly and repeatedly disobey the rules and traditions, customs and usages of the Constitution. "It is still safe to say that the English constitution retains the peculiarity of consisting largely of constitutional rules enforced by public opinion, rather than of legal rules, enforced by the courts".

How do these arise?

The Conventions are adopted without any legal enactment and can be given up by simply not repeating them. A Convention grows by precedents and when a precedent is not repeated, it dies away. Thus, the Conventions enable the Constitution to bend without breaking by adopting or discarding them. Lastly, these help the Constitution to work smoothly.