Constitutional Convention Essay

338 Words2 Pages
WHAT ARE CONSTITUTIONAL CONVENTIONS Generally, Constitutional convention means a binding rule of behaviour that is accepted as obligatory by those concerned in the working of the constitution. There are several philosophies of what constitutional conventions means. Dicey defines constitutional convention as “.... rules for determining the mode in which the discretionary powers of the Crown (or ministers or servants of the Crown) ought to be exercised”. Hood-Phillips describes conventions as “Rules of political practice, which are regarded as binding, by those to whom they apply, but which are not laws because they are not enforced by the courts and parliament.” L. B. Curzon states that “... conventions are understandings, tacitly agreed, resulting from long practice by which the conduct of the Crown and Parliament is regulated in the absence of formal rules.” Freeman defines it as “... a whole code of political morality, a whole code of precepts for the guidance of public men.” Constitutional conventions are non-legal rules as oppose to laws which are legal rules enforced by the courts. Lately, these conventions have been hugely patronised widely. In fact, whether a nation is guided by written or unwritten constitution it can still opt to adopt constitutional conventions. These functions are used to fill in some gaps within the legal structure of a government. For example, in the UK it is widely accepted that the office of the Prime Minister is made by constitutional convention. Also, there is a prevailing convention that the UK government can resign upon a formal vote of no confidence. Traditional and unbroken practices are the main sources of constitutional conventions. They become established upon a general acceptance that is of obligatory and when people give respect or live by them. Constitutional conventions may be codified or uncodified. Currently, in
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