The Role of Constitutional Conventions Flashcards
(12 cards)
What is a key feature of constitutional conventions in the UK?
A. They are politically binding but not legally enforceable
B. They are enforceable through judicial review
C. They are codified in the Human Rights Act
D. They have the same force as statutory law
A. They are politically binding but not legally enforceable
Explanation: Conventions guide behaviour in government but cannot be enforced by courts — their power lies in political norms.
What is the Sewel Convention?
A. A court-imposed rule for sharing power between devolved nations
B. A legal requirement for all Acts to receive Senedd approval
C. A law restricting devolved legislatures from opposing UK Acts
D. A convention that Westminster will not normally legislate on devolved matters without consent
D. A convention that Westminster will not normally legislate on devolved matters without consent
Explanation: The Sewel Convention maintains political respect between Westminster and devolved bodies, but is not legally enforceable.
Which of the following best describes ministerial responsibility?
A. Ministers must uphold collective unity and resign if they cannot support Cabinet decisions
B. Ministers must submit to court rulings
C. Ministers must act without advice from civil servants
D. Ministers must only follow party manifestos
A. Ministers must uphold collective unity and resign if they cannot support Cabinet decisions
Explanation: Under collective responsibility, ministers must publicly support Cabinet decisions, or resign.
A Prime Minister loses a vote of no confidence but refuses to resign. What is the likely outcome?
A. A court will order their resignation
B. The King will automatically remove them
C. They are legally compelled to resign by the monarch
D. A constitutional crisis due to breach of convention
D. A constitutional crisis due to breach of convention
Explanation: The no confidence convention is political, not legal — refusal to follow it creates a crisis, not a court case.
The courts are asked to enforce the Sewel Convention. What is the likely legal result?
A. The court will issue a binding order
B. The court will declare the convention legally enforceable
C. The court will rewrite the convention in statutory form
D. The court will decline to enforce it because it is a political rule
D. The court will decline to enforce it because it is a political rule
Explanation: In Miller I, the Supreme Court held conventions are not justiciable — they lie outside the court’s remit.
Which of the following is governed primarily by constitutional convention?
A. The procedures of the Supreme Court
B. The content of the Speaker’s rulings
C. Judicial appointments under the Constitutional Reform Act
D. The monarch granting Royal Assent to legislation
D. The monarch granting Royal Assent to legislation
Explanation: Although Royal Assent is required by law, the monarch’s obligation to grant it is a constitutional convention.
Why are constitutional conventions considered essential to the UK’s constitutional system?
A. They allow courts to modify statute
B. They prevent judicial independence
C. They fill legal gaps and ensure political accountability
D. They allow the Prime Minister to override Parliament
C. They fill legal gaps and ensure political accountability
Explanation: Conventions supplement the uncodified UK constitution by promoting responsible government and flexible governance.
What is the consequence of breaching a constitutional convention?
A. The Supreme Court automatically intervenes
B. The law is struck down
C. Political fallout, loss of legitimacy, or resignation
D. Parliament ceases to function
C. Political fallout, loss of legitimacy, or resignation
Explanation: Breach of convention leads to political consequences, not legal — such as public criticism or pressure to resign.
What did Evans v Attorney General [2015] illustrate about constitutional conventions?
A. That conventions are directly binding
B. That courts may use conventions to understand the constitution, but not enforce them
C. That conventions can override Acts of Parliament
D. That conventions are unenforceable and irrelevant
B. That courts may use conventions to understand the constitution, but not enforce them
Explanation: Courts may refer to conventions to interpret law and context, but they do not enforce them.
How do constitutional conventions usually arise in the UK constitution?
A. Through consistent political practice accepted as binding over time
B. Through statutory interpretation by courts
C. By referendum or royal proclamation
D. Through orders issued by the Privy Council
A. Through consistent political practice accepted as binding over time
Explanation: Conventions develop organically through repeated practice that becomes politically accepted and expected.
According to Walter Bagehot, what role do conventions play in a constitutional monarchy?
A. They make the monarch’s legal powers enforceable in court
B. They transform legal powers into ceremonial duties, maintaining political stability
C. They require the monarch to remain silent on all state matters
D. They act as written instructions for ministers
B. They transform legal powers into ceremonial duties, maintaining political stability
Explanation: Bagehot distinguished between “dignified” and “efficient” parts of the constitution — conventions strip monarchs of political power to preserve legitimacy.
Why are constitutional conventions particularly important in the UK system of government?
A. Because the UK has a codified constitution
B. Because they compensate for the fusion of powers between the executive and legislature
C. Because conventions are directly enforceable by the courts
D. Because they replace common law entirely
B. Because they compensate for the fusion of powers between the executive and legislature
Explanation: Since ministers sit in Parliament, conventions like ministerial responsibility ensure accountability without full separation of powers.
