vustudents
08-25-2011, 11:19 PM
Q.3: Explain the Role Conventions in U.K.(2002)(1997)(1996)(2000)
1- Introduction:
Most of the U.K. Constitution is combination of rule of conventions. Conventions regulated the most fundamental aspect of the British administrative system. The conventions of the constitution, the name given by dicey to the indefinite number of customs, traditions and precedents from an integral part of the U.K. constitution.
2- Definition Of Conventions:
(I)Definition By Dicey:
“Conventions are those customs of understanding as to the mode in which various members of sovereign legislative body should exercise their discretionary authority”.
(II)Definition By J.S Mill:
“The Conventions are nominated as unwritten principles of the constitution”.
3- Kinds Of Conventions:
Conventions may be distributed into the following kinds.
(i) Parliament and executive conventions.
(ii) Legislative procedure and parliament conventions.
(iii) Government and legislative conventions.
4- Importance Of Conventions:
The conventions plays a very important role in the U.K. Constitution. There are based on usage and is derived from willingness of the people. The Constitutional history of the U.K. growth and power of the cabinet is product of the conventions.
5- Alms And Objects Of Conventions:
The aim and object of the conventions is:
(i) To ensure the supremacy of the House of Common.
(ii) To make the constitution work in conformity with the prevalent and changing ideas and needs.
(iii) To provide rules for the co-operation and harmonious working of the different parts of Govt.
(iv) To secure the administration of the country according to the wishes of the people.
6- Important Conventions:
Following are some important conventions:
(I)No Veto Power Of Crown:
When a bill is passed by both Houses of parliament. It is sent to the King for his assent. Legally he can reject it but according to convention he cannot reject it dose not use his veto power.
(II)Cabinet Is Responsible To Parliament:
Cabinet is responsible to the parliament for the conduct of its affairs.
(III)Vote Of No Confidence Against Cabinet:
Where the parliament in majority passes a vote of no-confidence against the cabinet it shall have to resign and vacate.
(IV)Prime Minister Must Belongs To House Of Common:
According to the conventions prime minister must belongs to the house of commons. The object of the convention is to emphasis importance of house of commons which is also the house of people.
(V)Election Of The Speaker:
The election of the speaker takes place on party lines but after the election and his appointment he become non-party man he becomes neutral.
(VI)Highest Court:
The House of Lords is the highest Court in England. When the house of lords sits as the highest court for appeal for civil and criminal cases. There are only seven Lords who participate in the discussion.
(VII)Right Of Opposition To Express Its Views:
According to conventions a speech from govt. side shall be following by a speech from the opposition. When member from one party has spoken in the house, the next speaker must belong to the opposition.
(VIII)The Parliament Must Be Called Once A Year:
Parliament must be summoned for the dispatch of its business at least once a year.
(IX)Prime Minster May Ask The King For Dissolution:
When a ministry is defeated in the house of commons the prime Minister can go to the King him to dissolve the house of Commons.
(X)Formation Of Government:
After general elections the King has to summon the Leader of the majority party to from the ministry. The prime Minister is given free hands in the selection of his colleagues.
(XI)Collective Responsibility Of Ministers.
The minister are responsible collectively to the house of commons even if one minister is defeated the whole ministry must resign.
(XII)Finance Minister Belongs To House Of Common:
According to the conventions the Finance Minister must belongs to the house of commons.
(XIII)Same Courts For Govt, Servants:
There are same Courts for government servant and general public.
(XIV)Re-election Of Speaker:
Speaker can be re-elected as many times as he pleases it is said once as speaker always a speaker.
(XV)Relations With Dominions:
The relations of the mother country with dominions are regulated by conventions.
(XVI)Money Bills Originate In The House Of Commons:
It is the convention in England that money bills originate in the house of commons .
(XVII)Dominance Of House Of Common:
In case of difference of opinion the opinion of the house of commons shall prevail over that of the house of Lords.
7- Sanction Behind Conventions:
Following are different sanctions in view of jurists.
(I)The Fear Of Impeachment:
Some writers say that true sanction behind conventions is the fear of impeachment, but it is not a sufficient sanction behind conventions.
(II)The Rule Of Law:
According to Prof. Dicey, conventions are observed because their non-observance will sooner later lead the offender into conflict with the Courts. The force which in the last resort compels obedience of convention is the power of the law itself.
(III)Public Opinion:
According to ogg, the real sanction behind conventions are obeyed because the public opinion. Convention are obeyed because the public opinion demand that they must be obeyed. The public opinion well not tolerate their violation.
(IV)Code Of Honour:
According to Lowell. Conventions are obeyed and observed because they are code honour.
8- Conclusion:
To conclude, I can say, that conventions are admittedly no law in the sense of rules which will he be enforced by the courts. Still they are nearly as binding as law. The conventions provide the flesh which clothes the dry bones of law and have enabled a rigid framework of Govt. to keep pace with the changing political ideas and the needs of the people.
1- Introduction:
Most of the U.K. Constitution is combination of rule of conventions. Conventions regulated the most fundamental aspect of the British administrative system. The conventions of the constitution, the name given by dicey to the indefinite number of customs, traditions and precedents from an integral part of the U.K. constitution.
2- Definition Of Conventions:
(I)Definition By Dicey:
“Conventions are those customs of understanding as to the mode in which various members of sovereign legislative body should exercise their discretionary authority”.
(II)Definition By J.S Mill:
“The Conventions are nominated as unwritten principles of the constitution”.
3- Kinds Of Conventions:
Conventions may be distributed into the following kinds.
(i) Parliament and executive conventions.
(ii) Legislative procedure and parliament conventions.
(iii) Government and legislative conventions.
4- Importance Of Conventions:
The conventions plays a very important role in the U.K. Constitution. There are based on usage and is derived from willingness of the people. The Constitutional history of the U.K. growth and power of the cabinet is product of the conventions.
5- Alms And Objects Of Conventions:
The aim and object of the conventions is:
(i) To ensure the supremacy of the House of Common.
(ii) To make the constitution work in conformity with the prevalent and changing ideas and needs.
(iii) To provide rules for the co-operation and harmonious working of the different parts of Govt.
(iv) To secure the administration of the country according to the wishes of the people.
6- Important Conventions:
Following are some important conventions:
(I)No Veto Power Of Crown:
When a bill is passed by both Houses of parliament. It is sent to the King for his assent. Legally he can reject it but according to convention he cannot reject it dose not use his veto power.
(II)Cabinet Is Responsible To Parliament:
Cabinet is responsible to the parliament for the conduct of its affairs.
(III)Vote Of No Confidence Against Cabinet:
Where the parliament in majority passes a vote of no-confidence against the cabinet it shall have to resign and vacate.
(IV)Prime Minister Must Belongs To House Of Common:
According to the conventions prime minister must belongs to the house of commons. The object of the convention is to emphasis importance of house of commons which is also the house of people.
(V)Election Of The Speaker:
The election of the speaker takes place on party lines but after the election and his appointment he become non-party man he becomes neutral.
(VI)Highest Court:
The House of Lords is the highest Court in England. When the house of lords sits as the highest court for appeal for civil and criminal cases. There are only seven Lords who participate in the discussion.
(VII)Right Of Opposition To Express Its Views:
According to conventions a speech from govt. side shall be following by a speech from the opposition. When member from one party has spoken in the house, the next speaker must belong to the opposition.
(VIII)The Parliament Must Be Called Once A Year:
Parliament must be summoned for the dispatch of its business at least once a year.
(IX)Prime Minster May Ask The King For Dissolution:
When a ministry is defeated in the house of commons the prime Minister can go to the King him to dissolve the house of Commons.
(X)Formation Of Government:
After general elections the King has to summon the Leader of the majority party to from the ministry. The prime Minister is given free hands in the selection of his colleagues.
(XI)Collective Responsibility Of Ministers.
The minister are responsible collectively to the house of commons even if one minister is defeated the whole ministry must resign.
(XII)Finance Minister Belongs To House Of Common:
According to the conventions the Finance Minister must belongs to the house of commons.
(XIII)Same Courts For Govt, Servants:
There are same Courts for government servant and general public.
(XIV)Re-election Of Speaker:
Speaker can be re-elected as many times as he pleases it is said once as speaker always a speaker.
(XV)Relations With Dominions:
The relations of the mother country with dominions are regulated by conventions.
(XVI)Money Bills Originate In The House Of Commons:
It is the convention in England that money bills originate in the house of commons .
(XVII)Dominance Of House Of Common:
In case of difference of opinion the opinion of the house of commons shall prevail over that of the house of Lords.
7- Sanction Behind Conventions:
Following are different sanctions in view of jurists.
(I)The Fear Of Impeachment:
Some writers say that true sanction behind conventions is the fear of impeachment, but it is not a sufficient sanction behind conventions.
(II)The Rule Of Law:
According to Prof. Dicey, conventions are observed because their non-observance will sooner later lead the offender into conflict with the Courts. The force which in the last resort compels obedience of convention is the power of the law itself.
(III)Public Opinion:
According to ogg, the real sanction behind conventions are obeyed because the public opinion. Convention are obeyed because the public opinion demand that they must be obeyed. The public opinion well not tolerate their violation.
(IV)Code Of Honour:
According to Lowell. Conventions are obeyed and observed because they are code honour.
8- Conclusion:
To conclude, I can say, that conventions are admittedly no law in the sense of rules which will he be enforced by the courts. Still they are nearly as binding as law. The conventions provide the flesh which clothes the dry bones of law and have enabled a rigid framework of Govt. to keep pace with the changing political ideas and the needs of the people.