Public Law - Constitutional Conventions V
- Created by: Alasdair
- Created on: 13-11-20 00:54
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- Constitutional Conventions V
- Should constitutional conventions be codified?
- Arguments for
- Would promote certainty and clarity
- Arguments against
- Attempt to give constitutional conventions same force as laws will erode their flexibility
- Use of constitutional conventions is too wide-ranging for them to be codified and because conventions are not fixed but rather appear and disappear as circumstances demands, any attempt at codification would required regular amendments
- Conventions often deal with sensitive political matters
- Where codification might lead to a constitutional crisis
- e.g. many constitutional conventions exist to limit role of unelected monarch
- Constitutional crisis might arise were rise were an attempt made to impose legal limitations on powers of monarch
- e.g. many constitutional conventions exist to limit role of unelected monarch
- Where codification might lead to a constitutional crisis
- December 2010, Government published for first time Cabinet Manual setting out main laws, rules and conventions affecting conduct and operation of government
- Many conventions set out in written form
- Cabinet Manual is not intended to provide guidance to ministers and officials
- Arguments for
- Other sources of Constitution
- Laws and customs (ie. internal rules and procedures) of Parliament and various academic writings on UK constitution.
- Should constitutional conventions be codified?
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