Public Law - Constitutional Conventions V

  • Created by: Alasdair
  • Created on: 13-11-20 00:54
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  • Constitutional Conventions V
    • Should constitutional conventions be codified?
      • Arguments for
        • Would promote certainty and clarity
      • Arguments against
        • Attempt to give constitutional conventions same force as laws will erode their flexibility
        • Use of constitutional conventions is too wide-ranging for them to be codified and because conventions are not fixed but rather appear and disappear as circumstances demands, any attempt at codification would required regular amendments
        • Conventions often deal with sensitive political matters
          • Where codification might lead to a constitutional crisis
            • e.g. many constitutional conventions exist to limit role of unelected monarch
              • Constitutional crisis might arise were rise were an attempt made to impose legal limitations on powers  of monarch
      • December 2010, Government published for first time Cabinet Manual setting out main laws, rules and conventions affecting conduct and operation of government
        • Many conventions set out in written form
        • Cabinet Manual is not intended to provide guidance to ministers and officials
    • Other sources of Constitution
      • Laws and customs (ie. internal rules and procedures) of Parliament and various academic writings on UK constitution.


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