Constitutional Conventions Essay

1108 Words5 Pages
Firstly, the UK Constitution would be described following a brief definition of the convention then discussing the functions which they perform within the UK constitution and the reason they are observed. Furthermore, it will be necessary to identify the importance of conventions within the UK constitution and consider the different examples of constitutional conventions and in light of the findings critically evaluate the above statement. UK is known to have a ‘un-codified’ constitution meaning that there is no single written document which designates the operation of the government or set out what are the rights of individual citizens unlike the United States which has a codified constitution. UK constitution is made of Legal sources and Non-legal sources. Legal sources are written, such as statute, case law and subordinate legislation. Non-legal sources are constitutional conventions and quasi-legislations that are accepted as binding within society without being legally enforceable. Now, let us observe the definition of constitutional convention by Sir Ivor Jenning:- “The short explanation of the constitutional conventions is that they provide the flesh that clothes the dry bones of the law; they make the legal constitution work; they keep it in touch with the growth of ideas.” To that end, it can be said convention is a characteristic of constitution in general and certain areas are governed by conventions rather than strict law. However, a simplistic characterization of constitutional convention is offered by Marshall and Moodie. “ … rules of constitutional behavior which are considered to be binding by and upon those who operate the constitution but which are not enforced by the law courts … nor by the presiding officers in the House of Parliament. “ Conventions are non-legal rules of political behavior which is vital for smooth operation of the
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