Public Law - Constitutional Conventions III - Why have constitutional conventions developed?

  • Created by: Alasdair
  • Created on: 12-11-20 23:58
View mindmap
  • Constitutional Conventions III - Why have constitutional conventions developed?
    • To limit wide legal powers of monarch without need for major constitutional upheaval
      • E.g.
        • It is unacceptable in modern democracy for unelected monarch to have wide powers, so by convention these powers are now exercised by Ministers on monarch's behalf. Thus:
          • Monarch will always give Royal Assent to bill if advised by PM
          • Monarch must appoint as PM person who commands confidence of House of Commons
          • Monarch appoints other government Ministers on advice of PM.
        • In a similar way, convention House of Lords will not reject legislation giving effect to an important manifesto commitment of democratically-elected Government ensures Commons takes precedence over non-elected Lords.
    • To enable constitution and Government to operate effectively and flexibly
      • e.g.
        • Would be constitutional crisis were monarch to refuse Royal  Assent to a bill that had passed Commons and Lords
        • Legislative deadlock if monarch failed to appoint PM someone who could command confidence of Commons.
        • Would also be legislative deadlock if Government failed to resign were it to lose vote of confidence in Commons.
    • To ensure Government is accountable to Parliament for its actions
      • e.g.
        • Individual Ministerial responsibility ensures that government Ministers are held to account for their actions and don't abuse their powers
          • Ministers are not legally accountable to Parliament
        • Collective Cabinet responsibility ensures Government as whole must retain confidence of Parliament and can be held to account by Parliament for its actions
          • again there is no direct accountability to Parliament
    • To maintain the separation of powers between different branches of state
      • e.g.
        • Convention members of judiciary do not play active role  in politics helps to preserve judicial independence
        • Convention Ministers and MPs don't criticise individual members  of judiciary also helps to preserve this.


No comments have yet been made

Similar Law resources:

See all Law resources »See all Public Law resources »