Constitutional Conventions

Question 1

What are constitutional conventions

Answer 1

Non legal rules
Constitutionally binding - regulates expectations
Product of practice and tradition

Question 2

What does AV dicey emphasise about conventions

Answer 2

“Conventions… though they may regulate the conduct of the several members of the sovereign powers… are not in reality laws at all since they are not enforceable by the courts”

Question 3

Test for identifying existence and applicability of constitutional conventions?

Answer 3

Jennings Test

Question 4

Elements of the Jennings Test

Answer 4

Precedent - expected practice, predictability, stability

Belief they ought to be followed - (cannot be determined by a single rule of thumb (AG V Jonothan Cape [1976]))

For a good constitutional reason - for conduct to be constitutional it should align with convention

Question 5

What does Evans v Information commissioner [2012] say about the Jennings test

Answer 5

“Jennings was not the only test”
(Marshall constitutional conventions)

“Jennings himself did not require previous precedents. A single occastion might meet the test. In effect, it created its own precedent”

Question 6

Examples of what conventions relate to

Answer 6

Central structures of the constitution
- development of the office of the prime minister

Day-to-day operations of gov.

Relationships between different parts of government- (CARDINAL CONVENTION) (SUB JUDICE RULE)

The limits on the power of individual actors or institutions (SALISBURY AND TRIPARTITE CONVENTIONS)

Question 7

How do we distinguish between conventions and laws?

Answer 7

Conventions
- Not legally enforceable
- A product of practice and tradition
- Inform and guide behaviour but do no mandate a particular approach

Laws
- are enforceable before the courts
- determines appropriate practice by setting standards and enforcing/regulating compliance with them

Question 8

What