Public Law - Constitutional Conventions II - Important constitutional conventions
- Created by: Alasdair
- Created on: 12-11-20 23:24
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- Constitutional Conventions II - Important constitutional conventions
- Monarch plays no active role in matters o government, and legal powers which are vested in monarch are exercised on her behalf by elected government of day
- Monarch acting on advice of PM, will not refuse Royal Assent to a bill which has been passed by House of Commons and House of Lords
- If advised by PM to assent to a bill, monarch will always do so
- last time monarch refused Royal Assent was in 1707
- If advised by PM to assent to a bill, monarch will always do so
- Monarch will appoint as PM person who is best able to command confidence of House of Commons.
- All government Ministers will be members either of House of Commons or House Lords and PM (and other senior gov Ministers) should be a member of democratically-elected Commons, rather than unelected Lords.
- Now rare for peer (other than Leader of House of Lords) to sit in Cabinet.
- Monarch will appoint and dismiss government Ministers on advice of PM
- Individual Ministerial responsibility
- Government Ministers are responsible to Parliament both for running and proper conduct
- No conflict of interest between Minister's public duties and their private interests
- Minister who breaches this convention should resign.
- E.g. in 1982, Foreign Secretary, Lord Carrington, resigned following criticism of administrative failings of his department not to foresee Argentine invasion of Falklands.
- Minister who breaches this convention should resign.
- Ministerial resignations owing to departmental failures comparatively rare.
- Resignations relating to Minister's personal conduct more frequent
- e.g. in 2017, Priti Patel resigned as International Development Secretary after unauthorised meetings with Israeli officials
- Collective Cabinet (or Ministerial) Responsibility
- Cabinet is collectively responsible to Parliament for actions of Government as whole and Government must retain confidence on House of Commons.
- A Government which is defeated on vote of 'confidence' in Commons must resign
- e.g. Labour Government in 1979.
- A Government which is defeated on vote of 'confidence' in Commons must resign
- Cabinet must be united in public in support of Government policy and so Cabinet Minister must resign if he is she wishes to speak out against such policy
- e.g. Robin Cook in 2003 to voice opposition to Iraq war
- e.g. Phillip Hammond in 2019 at incoming PM's willingness to leave EU without deal
- Also applies to Ministers who aren't members of cabinet
- e.g. Baroness Warsi resigned as senior Foreign Office Minister in 2014 in protest against Government policy in Gaza
- Cabinet discussions must remain secret
- Cabinet is collectively responsible to Parliament for actions of Government as whole and Government must retain confidence on House of Commons.
- Salisbury Convention
- Unelected House of Lords will not reject legislation that gives effect to an important manifesto commitment of democratically elected Government
- Sewel Convention
- UK Parliament will only legislate on matter which has been devolved to Scottish Parliament if Scottish Parliament has given its consent.
- Convention was inserted in s 28 of Scotland Act 1998 by Scotland Act 2016
- Members of judiciary do not play active part in political life
- Ministers and Members of Parliament do not criticise in public individual members of judiciary
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