Constitutional conventions are vague notions which are difficult to define. No conventions are stated officially. Convention s can be broken with no adverse result. It is hard to understand why such a state of affairs is tolerated. Critically evaluate that statement, explaining to what degree, if at all, you agree with it.

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“Constitutional conventions are vague notions which are difficult to define. No conventions are stated officially. Conventions can be broken with no adverse result. It is hard to understand why such a state of affairs is tolerated.”

Critically evaluate that statement, explaining to what degree, if at all, you agree with it.

 

Pertaining to constitutional conventions, they are essentially unwritten rules which though not able to be contested in law, have such a strong moral force that they are rarely, if ever disputed. Convections deal mainly with the different branches of government: the Crown, the executive and Parliament, ministers and the civil service, the Prime Minister and the Cabinet. However, as mentioned by Dicey:

Conventions, understandings, habits or practices which, though they may regulate the conduct of the several members of the sovereign power…are not really laws at all since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed the 'conventions of the constitution', or constitutional morality2

As such, this unofficial nature of the constitutional conventions is not exactly said to be binding on the parties or legally enforceable but nonetheless respected and mostly obeyed. There have been many debates over the years which seek to argue that conventions should be formalised so as to avoid the shortcomings mentioned in the statement of the question and there are effectively two distinct positions mentioned. This first asserts that conventions should both be given legal force and codified into an official document such as a written constitution. Alternatively, conventions might also be within an authoritative text without the legal status and so remain as non legal political practices as of currently. 3 

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However, there are others who reason that although the sometimes ambiguous and passive nature of conventions could be said to be an undemocratic approach in outlining the roles of the state and its people and in making sure that the fundamental rights of the citizens are entrenched and protected, it has been principally accepted to be a practical source of the British Constitution with little interest to codify it over the years. As mentioned by the previous Acting Shadow Deputy Prime Minister Jack Straw, “it would be a grave error to put any description of the convention[s] into legislation” ...

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