The Role of Conventions in the UK Constitution

The Role of Conventions in the UK Constitution

This paper discusses the role of conventions in the UK constitution that is not fully clear and their use is potentially harmful to democracy. They should be replaced by a codified set of relevant rules and principles.

Convention

A convention is an accepted way in which things are done. They are not written down in law but tend to be old, established practices - the way they have always been done. Though these conventions are not set in legal stone, their very existence over the years has invariably leaded to the smooth operation of government (Walkland, 1979). This, again, is an argument for an unwritten, uncodified constitution. If the ways of governmental working were set in stone and had been for years (through a codified constitution), could government evolve and develop and mould to society's change if the way government works was rigidly stated in a written constitution?

There have been times when conventions have been given legal status. (Thompson, 1993) From the time of the English Civil War when Parliament clashed with king over finance, it was accepted that money bills/acts came from the House of Commons. This was given legal status in 1911 with the Parliament Act that stated that parliamentary finance bills/acts must originate from the House of Commons. (Adonis, 1993)

Since there is no written British constitution, Parliament is the supreme organ of governmental power and leadership in the nation. In the absence of a judicial body to review parliamentary legislation, there are no legal restraints on Parliament's actions. (Walkland, 1979) It can make or change law, ignore customs and traditions, and even extend its life beyond the legislated five-year limit without consulting the electorate (as it did during World Wars I and II). In practice, however, Parliament rarely violates convention, customary practices, or the common law. Ultimately, of course, Commons is answerable to the electorate, which has the power to defeat members and end a party's majority. Britain is a functional democracy, but one without a written constitution or comprehensive bill of rights. The elected House of Commons is the central institution in that democracy, reflecting the will of the electorate and wielding power over both the legislative and executive functions of government.

According to Sir Ivor Jennings, conventions provide the flesh which clothes the dry bones of law. Although this may be an over enthusiastic metaphor, it illustrates the wide recognition and appreciation of the purposes served by conventions. Conventions are certainly a significant feature of our constitution as they are observed by the Prime Minister, Sovereign, Ministers, Judges and Civil Servants. Conventions are not necessarily enforceable by the law courts but they do have a successful record in their ability to guide political morality, behaviour of public men, and judicial interpretation. The legal and political weight carried by conventions is therefore easily observable. (Walkland, 1979)

Conventions can be derived from the formulation of political practices in the 18th century and towards the end of the 19th ...