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The short explanation of the constitutional conventions is that they provide the flesh that clothes the dry bones of the law th - Essay Example

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The importance of ‘constitutional conventions’ to the working of the UK Constitution Name: University: Course: Tutor: Date: Introduction The UK Constitution is critical to system of government and provides the rules that govern the country. Constitutional conventions are uncodified and informal agreements followed by State institutions…
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The short explanation of the constitutional conventions is that they provide the flesh that clothes the dry bones of the law th
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Download file to see previous pages The UK lacks a well-written constitution, but has a collection of several legal instruments that forms the constitutional law. In this case, conventions provide the underlying principles that provide the basis for governance in the society. According to British Constitutional scholar, Sir Ivor Jennings, conventions exist as precedents, customs and practices since the actors believe they are bound by the rules3. Jennings outlined three tests for ascertaining a valid convention that include considering the precedents or political rules that have been practiced such as election of Prime Minister for the majority party4. The second test is the ministerial responsibility or acceptance of such conventions by those operating under the constitution by consent that creates an obligation to act. The third test is the existence of good political reasons. Thesis statement: constitutional conventions provide the flesh that clothes the dry bones of the law; they make the legal constitution work; and keep in touch with advancement in ideas. The UK constitution derives its content from various sources such as Acts of Parliament, common law, EU laws and accumulated conventions. In this case, the UK constitution is uncodified since no single written document and documents like court judgments, treaties and statutes form part of the constitution. The unwritten sources like parliamentary conventions, ministerial responsibilities and royal prerogatives form part of the constitution. Constitutional conventions are unwritten and politically enforceable since they provide the basis for the implementation of the Constitution. Some constitutional conventions in the UK include the international treaties that are presented in Parliament at least 21 days before ratification as per the Ponsonby Rule of 1924. The ministerial responsibilities to advice the monarchy forms part of the conventions since the monarchy is expected to act as the advice expect in circumstance when it needs to exercise reserve powers. It is a constitutional conventions that the Prime Minister is the leader with of a political party or coalition of parties that command majority seats in the House of Common in order to command the support of the House of Commons in passing important legislation5. Accordingly, money bills originate from House of Common and it’s a convention for monarch to grant royal assent to all legislation. In addition, the House of Lords does not approve any legislation from House of Commons when such legislation forms part of the government’s manifesto and Westminster Parliament cannot legislate on devolved matters without the consent of the Scottish Parliament6. Constitutional conventions may not be legally binding, but are politically enforceable and ensure powers of the UK constitution are implemented in accordance with democratic ideals. The conventions are used to ensure changes in the society without enacting tedious legislations. The UK acknowledges constitutional conventions as aids to judicial decisions and such acknowledgement of their existence is perceived as enforceability of such conventions in interpretation and implementation of ...Download file to see next pagesRead More
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