Importance Of Constitutional Convention

1790 Words8 Pages
Conventions are non-legal rules that impose obligations upon those that operate the constitution. In essence they are guidelines that dictate constitutional behaviour and prescribe ways in which things ought to be done. Conventions can be found in constitutions both written and unwritten but it is within the framework of the unwritten constitution, such as that found in the United Kingdom, that constitutional conventions become extremely important. While conventions are non-legal rules that are not enforceable by a court of law, they nevertheless play an intricate role in the proper and cohesive functioning of any constitution. The constitution of a country is a living, breathing organism, one that evolves with each generation and the assumption of power by new governments. Professor K. C Wheare defines the constitution as being a ‘whole system of government of a country; the collection of rules which establish and regulate or govern the government’. The operation of the constitution cannot be complete if one does not know how to go about utilizing it. It is at this critical juncture that constitutional conventions become important as they provide the modus operandi for the executors of the constitution. Constitutional conventions, as defined by A.V Dicey are…show more content…
One only has to take a look at the various conventions that exist within the UK to see that they indeed help to supplement the various laws that exist, especially in a political context and the way the parliament is run. Legally, the Queen has unlimited powers to appoint whoever she pleases as her ministers but by convention, all cabinet appointments are made on the advice of her prime minister . Keeping along those lines, it would not be illegal for the Queen to appoint whomever she wishes as prime minister but by convention, the prime minister is always the person that commands a majority in the House of Commons
Open Document