PUBLIC LAW L4 - Constitutions & Conventions - THE CONSTITUTION OF THE UK - CONSTITUTIONAL CONVENTIONS Flashcards
What is the purpose of conventions? (1)
To establish constitutional principles which may or may not be written down or codified.
What is the difference between law and convention? (1)
Law may be enforced but convention may not.
What is the role of conventions in the framework of an uncodified constitution? (1)
A flexible way of ‘filling in the gaps.’
What is the Salisbury-Addison convention? (1)
It means that the HOL should not reject at second reading any government legislation that has been passed by the HOC which carries out a manifesto commitment.
What is the Sewel Convention? (1)
It states that the westminster parliament will not normally legislate with regard to devolved matters in Scotland, Wales or Northern Ireland without the consent of the devolved administration.
When must the HOC be consulted? (1)
Before the government embarks on any major foreign policy initiatives involving the use of armed forces.
What is the purpose of the united front? (1)
So that Parliament has confidence in the government. If it loses that and Parliament passes a vote of no confidence the government should resign.
What does CMR relate to? (1)
It relates to the way in which government ministers should behave and operate as a collective whole.
What is the intended purpose of IMR? (1)
To regulate how ministers should react if there has been a significant problem or failing in their department.
What should judges and parliament do and not do in relation to each other? (1)
Judges must not be politically active and Parliament must not criticise the professional conduct of judges.
What happens if there is a conflict between law and convention? (1)
Law will prevail, however there may be political consequences for breach of convention.
What must HOL do regarding conventions relating to the legislature? (1)
Defer to the house of commons.
What must conventions relating to the legislature include? (1)
The monarch must follow the advice of his ministers.
What do conventions relating to the judiciary include? (1)
Judges must not be politically active.
What will courts do in regards to conventions? (2)
They will protect them but cannot legally enforce them.
