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Constitutional and Administrative Law of UK - Essay Example

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This research aims to evaluate and present the issue of Constitutional Conventions. The UK does not constitute of a written Constitution. Most of the Constitutional ideals which are practised by the state are unwritten and have developed through the form of Constitutional Conventions…
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Constitutional and Administrative Law of UK
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Download file to see previous pages The researcher states that Constitutional Conventions are similar in nature to Customs. They are followed by the State but there is no such mandate which specifically allows for their implementation. However, even though there is no specific law which demands their implementation, they are considered to be an integral part of the idea of Constitution, and through such believes they are practised by the people of the State. “Dicey defined Constitutional Conventions as ʺ…. rules for determining the mode in which the discretionary powers of the Crown (or ministers or servants of the Crown) ought to be exercised. Furthermore, he stated that conventions are constitutional rules, which are not laws in the strict sense which are designed to control the use of discretionary power by the Crown.” Such conventions form an integral part of the State machinery along with the practise of the Constitution. “A convention is an accepted way in which things are done. They are not written down in law but tend to be old, established practices – the way they have always been done. Though these conventions are not set in legal stone, their very existence over the years has invariably lead to the smooth operation of government.” Conventions are distinct from law as they are positive political morality and should be put to place in order to secure the verdict of the electorate. “It is a convention that if something in government goes wrong, the cabinet will all sing the same song and support the minister who may be receiving all manner of criticism from the media.”...
the Constitution about the way a State is supposed to divide its powers between the three organs namely the Judiciary, the Legislature and the Executive. The Legislature is designed to frame laws which have to be implemented by the Executive in full force. The legislation exercises its right through the implementation of the policies of the conventions. The executive has the responsibility of executing the policies which have been created by the Legislature in lieu of the will of the people. “It is a convention that the queen will accept the legislation passed by the government. In the past, the fear of what happened to Charles I has usually ensured a harmonious relationship between monarch and Parliament! When Charles II became king in 1660, the rule of thumb was for Parliament to give the king enough money per year to maintain a royal lifestyle but for him not to get involved in politics. This worked tolerably well and monarchs and Parliament had usually worked well since then especially as Parliament held the monarch’s purse. Now in the C21st, it is just accepted that the queen will give parliamentary legislation the Royal Assent. It is almost beyond belief that she would not do so – the constitutional crisis this would create would be huge.” Deriving from the above point of view, all the actions in the exercise of sovereignty are defined within the realms of constitutional conventions. By not having a written Constitution, the State of England has always been in the situation to exercise the fundamentals of the Constitution through these conventions. Through this method the conventions are the main link which connects the will of the people with the Constitutional mandate. The will of the electorate has to be upheld and followed in strict measures and the ...Download file to see next pages Read More
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