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Constitution Convention in the UK - Essay Example

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The aim of the paper “Constitution Convention in the UK” is to examine constitution convection, which is a rule that cannot be enforced by a court of law. Though these conventions regulate the conduct of ministries and sovereign power; they cannot be termed as actual laws…
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Constitution Convention in the UK
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Download file to see previous pages Constitutional conventions originate in the case where there is no regulation to prohibit the practice of a given type of power may bring rise to opposition inhibiting future similar occasion. An example is a convection that the United Kingdom prime minister cannot be in office unless he or she has the majority votes from the house of common.3
Constitutional convection can never be enforced by the court of law. This is because according to the supreme court of Canada 1981, the convection is mostly in conflict with formal laws postulated and courts bound to carry out the legal rules. This conflict between convection constitution and rule of law according to the court ruling, regardless of how well it is universally acceptable, can transform into law unless the parliament drafts a law or amend the constitution. By so doing the convection becomes a coded law; a principle referred to as authoritative.4
Since the conventions unenforceable by the law court, but rather by political processes they rarely are they included in law reports. The courts often recognize convection so as intelligently to discuss in broad the democratic system of government responsibility in its work. Such as in the case of the Attorney General v Jonathan Cape, whereby, the attorney general would have progressed if he had only based his argument in convection of collective ministerial responsibility. He based his argument on the doctrine of equity on breach of confidence.5 He used conventional fact to back his argument. Another example is the case Cartona v Commissioner of Works.6
The key reason as to why courts should not make use of the underlying constitution conventions to transform into law is because there exists no gap to cover, a case that seems hard appear so only when its focused on only constitutional law.  ...Download file to see next pagesRead More
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