The UK constitution is uncoded unlike many other countries such as the USA. It is uncoded as there is no single document containing rules on the allocation of power and the relationship between the state and the individual. In place of this the UK constitution consists of sources both written and unwritten that specify the operation of the state. These sources include the Royal Prerogative and Constitutional Conventions. Constitutional conventions are an important feature of the UK constitution and because they are currently uncodified this can prove to be disadvantageous in different ways. Consequently there are supporters of the codification of constitutional conventions in the hope that this will provide a solution to such problems. This essay will discuss whether constitutional conventions should be codified by considering the weaknesses of the current system in relation to democracy and the rule of law.

The role that constitutional conventions play in the UK constitution is defined by Dicey as; '...rules for determining the mode in which the discretionary powers of the Crown (or ministers or servants of the Crown) ought to be exercised...'1 .This definition shows that the relationship between Constitutional Conventions and the Royal Prerogative is a close and important one. In addition Jennings explains that constitutional conventions 'provide the flesh which clothes the dry bones of the law. 2Dicey further explains the function of constitutional conventions in connection with the Royal Prerogative and the legal status of conventions. '...conventions, understandings, habits or practices which, though they may regulate the...conduct of the several members of the sovereign power...are not in reality laws at all since they are not enforced by the courts'. 3 Therefore conventions are not enforced legally but it is obligatory that they are followed. To breach a convention would be considered to be acting in an unconstitutional way. Even so they are considered to be binding.

It can be understood that constitutional conventions provide a check on the power that can be exercised by the Crown as stated under the royal prerogative. An example of prerogative power is that the Crown can refuse to give royal assent to a Bill and so prevent it from being made into an Act. By convention refusal to give royal assent to a Bill is not permitted when a bill has passed through the Commons and the Lords unless advised otherwise. Another example is that the Crown can dissolve parliament, by convention the Crown will only do so when requested by the Prime Minister. Thirdly the Crown can appoint and dismiss the Prime Minister, the convention holds that the Crown will only do so on the advice of her ministers. The above examples show the relationship between conventions and the Royal Prerogative is close and important.
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Conventions are different from laws in various ways. Firstly laws are found in either an Act of Parliament or in a judicial decision .Whereas the source of a convention is not easily found and usually have occurred out of practice and it is difficult to differentiate a convention from practice. According to Geoffrey Marshall conventions differ from legal rules because they are not created by the judiciary or the legislature.4 Therefore it is questionable whether a certain convention exists, nevertheless they are to be followed, Sir Ivor Jennings states conventions 'not only are followed but have to be ...

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