Conventions of the British constitution

                                         Conventions of the British constitution                                               






Introduction.


“The British constitution is the child of wisdom and chance.” There exist a large number of conventions or usages and customs in the British constitution. These conventions are not recognized or enforced by the courts. These conventions are actually the unwritten part of the British constitution. They form a very important part of the constitution. Most of the work of the British government system depends upon the conventions rather than laws, statutes and judicial decisions.

Lord Bryce says:

“British constitution works by understanding which no writer can formulate. “
Definition

Conventions are:

“Those customs and understandings by which the rulers or the members of the British government exercise the discretionary powers of the executive.”

Ogg defines them as:
“ They are the customs, habits , usages or practices by their sole authority regulate a large portion of the actual day-to-day relations and activities of the most important of the public authorities.”



Features of the conventions:

a. They are unwritten 

b. They are not a part of the British legal system

c. They are the political traditions which to some extent determine the working of the British political system.

d. They are not laws but are respected as if they are laws.

e. They are not recognized by the courts in Britain.



Sanctions behind the conventions.

Therefore, the conventions are not enforced by the courts, then the questions arises why do the people obey them? These are the sanctions behind the conventions:

• Force of law
• Respect for conventions
• Public opinion



A. Force of law

According to Dicey, the conventions are observed because they are based on and sanctioned by law. The power behind them is the power of law. If , says Dicey, the conventions are not observed, it will almost immediately bring the offenders into conflict with the courts and the law of land. Dicey gives the following example:

As the parliament has to meet at least in a year, suppose if the Prime Minister does not summon the parliament for two years, then no budget will be passed and no taxes will be collected. Therefore, although it is a convention but now it has the force of law behind it. Hence disregarding it will force the public official to commit illegal acts.


B. Respect for conventions:

Lowell says that conventions are observed because they are a “ code of Honor” .They are the rules of game and the single class which has hitherto had the conduct of the English Public life almost entirely in its own hands, is the one which is peculiarly sensitive t such conventions. Thus, the respect for the conventions by the ruling class of Britain is the force behind them.


C. Public opinion:

Ogg says that the force behind the conventions is the force of the public opinion. The public wants their observance and it will not tolerate their violation e.g. public expects a cabinet defeated in the parliament to leave office when it has lost the confidence in the parliament. Dr. Jennings says that the force behind the conventions is the same as behind the law.
Important conventions:


The some of the important conventions in the British constitution are as follows:


1. Regarding the Queen:

• The queen invites the leader of the majority party in the House of Commons to form the cabinet.

• All the bills passed by the parliament are sent to the Queen for Royal assent.

• The Queen dissolves the House of Commons on the advice of the Prime Minister.

• The Queen conducts all the political affairs normally on the advice of her Ministers



2. Regarding the cabinet:

• When the Prime Minister and his cabinet have lost the confidence of the parliament, they are left with only two options:

 The Prime Minister and his cabinet resign.
 The Prime Minister seeks the dissolution of the House of Commons through the Queen.

• The Prime Minister is always from the House of Commons.

• When the parliament shows its lack of confidence in any minister, the whole cabinet resigns. The cabinet is collectively responsible to the parliament.



3. Regarding the Parliament:

• The British parliament meets at least once in a year.

• All the money bills originate in the House of Commons.

• A speech from the Govt. benches is followed by a speech from opposition benches.

• Only the law lords take part in the judicial proceedings of the House of Lords.

• The speaker of the House of Commons is above party politics.



Conclusion:

The conventions help the constitution to work smoothly. These enable the ministers to exercise the powers of the sovereign.

As dicey says:
“They are the rules for determining the mode in which the discretionary powers of the crown must be exercised.” 

These give the constitution the quality of flexibility for adopting itself to new needs and new ideas. G


Dr. Jennings puts it as:

“The conventions provide the flesh which clothes the dry bones of law.”