Public Law - Constitutional Conventions III - Why have constitutional conventions developed?
- Created by: Alasdair
- Created on: 12-11-20 23:58
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- 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.
- 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:
- E.g.
- 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.
- e.g.
- 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
- Individual Ministerial responsibility ensures that government Ministers are held to account for their actions and don't abuse their powers
- e.g.
- 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.
- e.g.
- To limit wide legal powers of monarch without need for major constitutional upheaval
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