UNIT 2: Non legal sources of the constitution

Question 1

What are the two examples of non legal sources of the constitution?

Answer 1

-conventions
-academic writings (Dicey)

Question 2

What are the three purposes of conventions?

Answer 2

1) constitutional flexibility
-helps to evolve constitution over time e.g. power shifted from monarch to parliament
2) accountability
-control those in power/ ministerial responsibility (convention)
3) good governance
-ensures the country is administered well + collective unit= strong government
-conventions are the ‘flesh that clothe the dry bone of the law’

Question 3

By what is the existence of a convention determined?

Answer 3

-whether those under the convention feel obliged by them
-whether there is a reason for the convention

Question 4

Can conventions be enforced by judges?

Answer 4

No