UK Constitution and Convention Essay Skeleton-2
UK Constitution and Convention Essay Skeleton-2
UK Constitution and Convention Essay Skeleton-2
Q.2 It is inappropriate in the 21st Century that some of the most significant aspects of the UK
constitutional conventions are governed by non-legal rules. Discuss?
Skeleton Answer:
Introduction:
In the 21st century, the United Kingdom (UK) faces an ongoing debate regarding the
appropriateness of non-legal rules governing significant aspects of its constitutional
conventions. Constitutional conventions, though not legally enforceable, play a vital role in
the functioning of the UK's constitutional system. However, their non-legal nature raises
concerns about transparency, accountability, and adaptability. This essay will explore the
inappropriateness of relying solely on non-legal rules to govern crucial aspects of UK
constitutional conventions, citing recent cases and information to support the argument.
Royal Assent:
The convention that requires the monarch's approval for legislation to become law.
Recent Case: European Union (Withdrawal Agreement) Act 2019.
Prime Ministerial Appointment:
The convention that allows the monarch to appoint the Prime Minister.
Recent Case: Prime Ministerial appointment following the resignation of the incumbent.
Cabinet Responsibility:
The convention that holds ministers collectively responsible for government decisions.
Recent Case: Ministerial resignation due to policy disagreements.
II. Lack of Legal Enforceability:
A. Transparency and Accountability Concerns:
Non-legal rules lack clarity and can lead to ambiguity, raising concerns about transparency
and accountability.
Recent Case: Miller II (2019) - Prorogation of Parliament without legal grounds.
Conclusion:
In the 21st century, the reliance on non-legal rules to govern significant aspects of UK
constitutional conventions is increasingly seen as inappropriate. Concerns related to
transparency, accountability, and adaptability highlight the need for legal frameworks that
provide clarity, certainty, and avenues for redress. Recent cases, such as Miller II (2019) and
the Scotland Independence Referendum (2014), illustrate the shortcomings of relying solely
on non-legal rules. The Miller II case (2019), which involved the prorogation of Parliament
without legal grounds, demonstrated the limitations and controversies associated with non-
legal rules. The Supreme Court ruling in this case emphasized the importance of legal clarity
and the need for a legal framework to govern such constitutional matters.
A hybrid approach that incorporates constitutional conventions into legal frameworks has
been recognized as a way to strike a balance between flexibility and legal certainty. The
Constitutional Reform and Governance Act 2020 codified certain conventions into law,
demonstrating the recognition of the importance of legal enforceability while preserving
constitutional traditions.