Lecture notes
sources of the constitution
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- Sheffield Hallam University (SHU)
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Sources of the constitutionUnwritten sources of the constitution- constitutional conventions
What is a convention
- An expected or normal way of behaving in a particular circumstance
Social conventions e.g somebody holding the door open for you
Problems with social conventions
- How long do you have to hold a door open?
- How near do you have to be to hold the door open?
- If someone holds a door open for you should you speed up?
- What do you do if someone doesn’t hold the door open?
Constitutional conventions
- Behavioural norms that apply to individuals working within the institutions of state
- As with social conventions there can be uncertainty about exactly what is expected and
there is not way to legally enforce them
Examples of conventions and expected conduct
- Royal assent= the monarch always gives consent to a bill passed by parliament
- Appointment of the PM- the monarch always appoints the leader of party that wins majority
- Ministerial responsibility- ministers will resign if there are serious failings in their
department
- Collective cabinet responsibility-a minister who cannot agree with government policy will
resign
Flexibility or uncertainty
Conventions can change over time
- In some cases this may be goof and could reflect change in social norms
- Consider the difference between Cecil Parkinson and Boris Jonson
Conventions can be said to mean different things over time
- Consider ministerial responsibility
Conventions can be ignored with no legal consequence and rely on public or political pressure and
these do not always have an impact particularly when a government has a strong majority
It isn’t always clear when something becomes a convention
Examples of conventions in operation
Collective Cabinet Responsibility
The expectation
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