Public Law - Constitutional Conventions I
- Created by: Alasdair
- Created on: 12-11-20 22:57
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- Constitutional Conventions I
- Important 'non-legal' source of constitution
- Definition of Constitutional Conventions from Marshall and Moodie
- 'rules of constitutional' behaviour'
- ie how those who perform a role within constitution should behave
- 'considered to be bind'
- ie there should be no deviation from these rules
- 'not enforced'
- ie. rules have no legal basis and so will not be enforced by any judicial body
- 'rules of constitutional' behaviour'
- Flexible
- As they are 'non-legal', conventions don't require any particular step or procedure for their creation.
- Legally: Royal Assent required for Bill to become valid Act of Parliament. Monarch may refuse to give Royal Assent.
- Convention: Monarch, on advice of PM, always assents to Bill which has passed through Parliament
- Legally: Government is 'Queen's Government' and she can therefore appoint and dismiss its members as she chooses
- Convention
- Monarch must appoint as PM person who can command support of majority of House of Commons (nowadays usually an elected party leader successful in general election).
- Monarch must appoint and dismiss Ministers on advice of PM, all of whom must be MPs and most of whom will be House of Commons
- Convention
- Legally: Monarch constitutes part of executive branch of government, but cannot make laws or raise taxes except through Act of Parliament
- Convention:
- Monarch acts only on advice of PM and other Ministers, and in practice most decisions taken b PM and other ministers themselves.
- Executive powers are exercised through Ministers, who are collectively and individually responsible to Parliament.
- Legislation involving taxation and public expenditure is controlled by House of Commons
- Convention:
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