Constitutional and administrative law

Constitutional and Administrative Law

Introduction

In order to have a deep as well as thorough understanding related to the role of conventions, firstly you should know what actually it is and how it works. Conventions actually comprises of various norms, practices, customs as well as perceptions which are not recognized or enforced by the courts of law. Therefore, as a matter of fact, conventions are termed to be having non legal rules as well as regulations which are not recognized by the courts of law. Constitutional convention is termed as an informal procedural based agreement that is actually followed by the state institution. In some of the states where west minister system is usually followed by majority of the state members, this convention is normally being used as well as applied. As a matter of fact, in these states the actual distribution of the power along with other major elements are actually allocated as well as described by the document statements as prescribed earlier. On the other side, wide range of discretionary based powers is also most of the times conferred by the constitution as per the rules and regulations mentioned by the head of state. If we talk about the constitutional conventions, there are different forms of conventions. Some work as separate conventions, whereas some work along with the written constitutions especially in Britain where constitution is usually unwritten and have an actually form of status as well. As a matter of fact as time passed, numerous constitutions have been changes, replaced as well as superseded by the courts of law as well (Pollard, et.al, 2007, p.1000).

According to David, Britain does not have a proper written constitution and this is the reason why they have only one single document with them that is termed as a legal instrument. This legal instrument is actually working since years and helping in generating optimal outcomes as well for a nation as whole. Constitutional conventions of British based constitutional law actually play an important role as they have set various rules as mentioned in the legal document as well. Therefore there are very few chances for any convention to be departed without any good or valid reason. This is because majority of the conventions are acquired on the basis of the customs and also overtaken by the history. Therefore one should have a valid and a good reason in order to depart any convention likewise.

In UK based constitution, there is no proper difference mentioned between public and private law. This is the reason why majority of the critiques marked this as a true statement that UK has not proper constitution that can pass any law relating to the public or private law. As a matter of fact, majority of the UK based constitutions are now being written down whereas, major parts are still unwritten and thus not treated as a law. Therefore all the vital decisions like real powers related to the Queens and existence of the PM are all handled by ...