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CONVENTIONS
1. Introduction:
The conventions of a constitution are rules which determine the working of the constitution to a considerable extent though they are not laws in the strict sense of the term. Conventions regulate the most fundamental aspect of the British Constitution.
2. Meaning:
Convention means generally accepted rule or paractice.
3. Definitions:
According to Dicey, conventions are the rules which determine the mode in which the discretionary power of the exective are to be excuted.
(i) Prof. Jennings:
The conventiions play two significant roles:
To manke the rigid rules of constitutional law elastic and adaptable to the changing needs of society.
4. Aims and Objectives:
(i) To make the constitution work in conformity with the prevalent and changing ideas and needs.
(ii) To provide rules for the cooperation and harmonious working of the different parts of the government.
(iii) To secure the administration of the country strictly in accordance with the wishes of the people.
5. Main Categories of constitutional Conventions:
(a) Conventions Relating to the Exercise of the Royal Prerogative:
(i) Formation of the Government:
The king must invite the leader of majority party in the House of commons to form a government.
(ii) The King Must Appoint Cabinet Ministers:
The Monarch must appoint his/ her ministers on Prime Minister's advice.
(iii) The Monarch is Bound to Exercise his/her Powers:
The Monarch is bound to exercise his legal powers in accordance with advise by Prime Minister.
B. Conventions Relating to the Cabinet System:
(i) Vote of no Confidence:
When majority of members of Parliament pass a vote of No-confidence against the cabinet, they shall have to resign.
(ii) Collective Responsibility:
The ministry is collectively responsible to Parliament for general conduct of affaira of the country.
C. Conventions Regulating the Relation Between both the Houses:
(i) Permanent Conflict:
In case of permanent conflict between the two houses, the will of Lower House must prevail.
(ii) Money Bills Orginate in the Lower House:
The Parliament Act of 1911 accumes that money bills only be introdiced in Lower House.
6. Conventions How Enforced/ Sanction Behind Conventions:
The most mysterious question a student of Constitutional Law has to face in connectiohn with the conventions is that of the sanceions. If conventions are not laws, why are they obeyed? Prof. Dicey examined three suggested explanations of the sanction behind the conventions:
(i) Public Opinion:
Prof. Dicey felt that public opinion by itself could not be an adequate sanction to enforce Constitutional Conventions.
(ii) Impeachments:
some writers suggested that the sanction behind the Constitutional Conventions is the fear of impeachment. Prof. Dicey does not accept even this fear as the sanction behind conventions for the following reasons:
(i) Impeachment Implies a Breach of Law:
Impeachment Implies a breach of law and to violate constitutional understanding of a convention is no breach of law.
(ii) Impeachment is a Ewapon:
Impeachment is a weapon which was once powerful but has grown rusty through disuse. Therefore, the fear of impeachment could hardly be considered as a sanction behind the conventions.
1. Introduction:
The conventions of a constitution are rules which determine the working of the constitution to a considerable extent though they are not laws in the strict sense of the term. Conventions regulate the most fundamental aspect of the British Constitution.
2. Meaning:
Convention means generally accepted rule or paractice.
3. Definitions:
According to Dicey, conventions are the rules which determine the mode in which the discretionary power of the exective are to be excuted.
(i) Prof. Jennings:
The conventiions play two significant roles:
To manke the rigid rules of constitutional law elastic and adaptable to the changing needs of society.
4. Aims and Objectives:
(i) To make the constitution work in conformity with the prevalent and changing ideas and needs.
(ii) To provide rules for the cooperation and harmonious working of the different parts of the government.
(iii) To secure the administration of the country strictly in accordance with the wishes of the people.
5. Main Categories of constitutional Conventions:
(a) Conventions Relating to the Exercise of the Royal Prerogative:
(i) Formation of the Government:
The king must invite the leader of majority party in the House of commons to form a government.
(ii) The King Must Appoint Cabinet Ministers:
The Monarch must appoint his/ her ministers on Prime Minister's advice.
(iii) The Monarch is Bound to Exercise his/her Powers:
The Monarch is bound to exercise his legal powers in accordance with advise by Prime Minister.
B. Conventions Relating to the Cabinet System:
(i) Vote of no Confidence:
When majority of members of Parliament pass a vote of No-confidence against the cabinet, they shall have to resign.
(ii) Collective Responsibility:
The ministry is collectively responsible to Parliament for general conduct of affaira of the country.
C. Conventions Regulating the Relation Between both the Houses:
(i) Permanent Conflict:
In case of permanent conflict between the two houses, the will of Lower House must prevail.
(ii) Money Bills Orginate in the Lower House:
The Parliament Act of 1911 accumes that money bills only be introdiced in Lower House.
6. Conventions How Enforced/ Sanction Behind Conventions:
The most mysterious question a student of Constitutional Law has to face in connectiohn with the conventions is that of the sanceions. If conventions are not laws, why are they obeyed? Prof. Dicey examined three suggested explanations of the sanction behind the conventions:
(i) Public Opinion:
Prof. Dicey felt that public opinion by itself could not be an adequate sanction to enforce Constitutional Conventions.
(ii) Impeachments:
some writers suggested that the sanction behind the Constitutional Conventions is the fear of impeachment. Prof. Dicey does not accept even this fear as the sanction behind conventions for the following reasons:
(i) Impeachment Implies a Breach of Law:
Impeachment Implies a breach of law and to violate constitutional understanding of a convention is no breach of law.
(ii) Impeachment is a Ewapon:
Impeachment is a weapon which was once powerful but has grown rusty through disuse. Therefore, the fear of impeachment could hardly be considered as a sanction behind the conventions.