36

With all hese salient features, the British Constitution is a unique constit
Constitution of uy
ways. Its study involves the study of the working of a successful
ful and
and devin
devel Se tution in severa
unitoped
democratic political system with an unwritten, evolved, flexible,
the tradition of having anand
constitution. The British political tradition has been nixe
working an unwritten, unitary, flexible
and a convention-based liberal demUcces
characterized by a constitutional-hereditary monarchy working within the
the frame
ily Successf
democratic uly
yte
system
parliamentary form of government.
framework
CONVENTIONS OF THE BRITISH CONSTITUTION
the British Political Tradis.
constitute a large and important part of
Conventions
British Constitution has been a convention-ridden constitution. All political instifa Tradition. In fact
out their activities with help of
the conventioneons
several of
England are carying
unwritten and evolutionary constitution, a large number of conventions continue to Being an
ion can
govern its working. A real understanding of the British_Constitution can be
be achi guide and
achieved only by
conventions.
understanding the nature and scope of the
Ogg and Zink have well observed: "Englandis the classic Jand of conventions, and no
much attention to ce
hope to understand the country's government without paying quite as Jstoms
and usages as to rules of law.
Conventions have been such unwritten rules of behaviour which have naturally grown
and developed in the British constitution. These have been described by Mill as t he
"unwritten maxims of the constitution'". Anson calls them "customs of the constituion.
However, the most celebrated name has come from A.V. Dicey who describes them as
"Conventions of the Constitution

(A) Convention: Definition

1.Ogg and Zink observe, Conventions consist of understandings, habits or practices which
though only rules of political morality regulate large ortion of the actual day to day relations and
activities of even the most important of the public authorities.
2. According to A.V. Dicey, Conventions are rules for determining the mode in which the
discretionary powers of the Crown (or ministers as the servants of the Crown) ought to be
exercised.
3. According to Herman Finer, "Conventions are rules of political behaviour not establishedn
statutes, judicial decisions or parliamentary customs, but created outside these, supplemenung
them in order to achieve objectives they have not yet embodied."

In simple words, we can define conventions as unwritten rules of political behaviour.

as the political customs of Britain. Just as social relations are characterised by customsor
ie
society, political relations is society are also characterised by political customs
conventions.

(B) Nature of Conventions

basis.
For understanding the nature of conventions, analyse their ong nle for
we must
Every convention originates as a practice which is adopted by the persons respons
constitutiono fUK
37
tion.
ystem or an institutic They adopt it either for the sake of con
venience
nalising
crationalising

or
the
as the best
bes available method of accomplishing their tasks. The successful
ior
of thepractice makes possible its adoption by others. When it continues to be followed by
efficiency

or
for
an informal
an
informal recognition as the way to do the task, it takes the form of a
earns
and
olthers

convention.

describe the
features of a Convention as follows:
We can
Tt is an unwritten informal practice or rule ofconduct
not made
and enacted, it gradually grow
A tis
t toriginates as a mode of doing a thing smoothly and efficiently.
Long usage and the acceptance that it is bound to be used in future leads to the
convention.
recognition of a practice as a
A Convention is of the nature of a rule of political morality or expediency or
efficiency.
6 A practice becomes a convention when it satisfies three tests.
(a) It has been followed in the past
(b) It is being followed at present.

(c) It is expected to be followed in future also.

British constitution has been working with the help of a large number of conventions.

C) Difference between Convention and Law

In order to be clearer about the nature of conventions, we must analyse the difference
betweenconventions and laws. This can be done in two parts:
() Conventions and Statutory Laws. Statutory Laws or Statutes are the laws passed by
the British Parliament and these are vwritten and enacted laws. These are backed by sanctions
of legal force. The difference between conventions and statutory laws is clear and distinct.
taStatutes are written, Conventions are unwritten.
Statutes are passed by the British Parliament and enforced by the executive.
Conventions are the natural products of gradual evolution. These are neither made
nor enacted.

4Statutes are backed by legal sanctions. Their violations are always punished.
Conventions have no legal status. These are neither backed by force nor are their
violations punishable.
hus, there is a clear difference between Conventions and Statutes.
)
Conventions and Common Law. In words of Munro, "Common Law means that
body of legadirules which grew up in England apart altogether from any action of the
liament and eventually gained recognition throughout the realmFA. Ogg describes
the
Common Law as "the vast body of legal precepts and usages which through the
Centuries
centuries has acquired
binding and almost immutable characte
cter."
 38
netilu
In other words, Common Law is the product of growth. It consists of
usages which have been
those c
recognised by Thesecustoms
asa and
the courts as the common customs.
and enforced by the Courts in the
adjudication of cases. When a custom gets are
gets recnonpled
court, it becomes a common law. recognised by a
The difference between Conventions and Common Law is
that of status o
Conventions are such political customs as have been not atus or degree.
yet recognised by a couts
Common Law consists of the body of customs and
usages which stands recogniced
enforced by the courts. Both conventions and Common Law are
customary rules and boh
unwritten. Both are the results of evolution and are not enacted oth are
by the legislature
difference between them is that while Common Law is a law The
Conventions are rules which have been not yet
recognised by the c
recognised. Common Law is enforced bycourts #the
courts but conventions are not. When a
convention gets recognition by the courts aas
common custom of Britain, it becomes a part of the Common Law. a

(D) Impoortance of Conventions

Conventions have been playing a very important
part in the actual operation of the British
Constitution.
CConventions lessen the rigidity of laws. Conventions are natural necessities
laws because without conventions these cannot be for all
Laws by nature are rigid and formal rules of operationalised
and used in actual practice.
behaviour which for their
conventions as much as machines need lubrication for their application need
law has to operate in the environment and operation. Every constitutional
this becomes possible
supplemented and operationalised with the help of conventions. only when it is
Conventions are essential for keeping the Constitution in true
circumstances. A constitution has to change with with changing
which it operates. Such every major change in the environment in
changes can be easily brought about by conventions. Conventions as
such perform the essential function of
Conventions helping the constitution to keep pace with the times.
provide for flexibility and
implementing the provisions of the constitutioninformality which
and the laws.
is always required for

Ogg and Zink write, "Conventions clothe the dry bones of

constitution work, and keep it abreast of law with flesh and make the iega
changing social needs and political ideas.
3Conventions are natural and essential
Conventions are natural to all
products of social and political evoluto
constitutions. In
particular, these
an unwritten and
evolutionary constitution like the Constitution are natural and essenttal i
written constitution, conventions of Britain. In the absence
provide the means for an
orderly and systena atic
organisation and working of the British
character of the British Constitution has government. The unwritten and evoluton
never hindered the
political development because the people entrusted process of socio-economic
administration of the state have, at no time of with the responsibility of the
running
history, hesitated to adopt and use convenuions.
ACon. ntions are essential for all mixed
rigid, defir e and fixed. It can never constitutions. Constitutional Law is anw ys
really permit a mixture of two extreme foris of
ConsttutionofUK 39
hy and Democracy. Such a mixture can be made and used only with
like Monarchy
govemment
UK, the mixture of monarchical, aristocratíc and democratic
ofconventions. the
In
has been possible only because of the emergence of several
he in in the constitution
the the constituti
features
suitable conventions.

Conventions govern
the actual working of the Constitution. The actual working of
conventions. Conventions determine the actual operation
depends largely upon
a co stitution
s of the constitution. A student of politics is interested not only in understanding the
laws of
of the
oftheand constitutional framework of the state but also in analysing the actual working of the
legal he has to study both the laws and the conventions.
stitutional system Fortothis purpOse,
and explain the gap between the legal framework and the
analyse
This alone can hetphim
that framework.
of
actual working
coalition government ---Conservative- Liberal Democratic coalition
Since May 2010, a
Political System has been witnessing the
overnment - -

has been at work and the British

As such, study
conventions. of conventions always form an
development of some new
of constitution.
integral part of the study every

. ROLE/SCOPE OF CONVENTIONS IN THE

BRITISH CONSTITUTION
the British constitution is indeed very important and
The scope and role of conventions in
of all political institutions and offices. Some of the important
big. These regulate the working British political institutions can be described as
conventions characterising the working of
under
Cönventions relating to Monarchy.

(a) always acts upon the advice of the Cabinet.

The Monarch
Cabinet.
(b) The King does not attend the meetings of the
bills passed by the Parliament.
(C) The King never exercises his veto over the
the advice of the Cabinet/Prime
(d) The King dissolves the House of Commons only
on

Minister.
in the House of Commons
(e) The King appoints only the leader of the majority party
as the Prime Minister.
to
invites the leader of the Opposition
)Upon the resignation ofthe Cabinet, the King
form the Cabinet.
2. Conventions relating to the British Cabinet System.
of
in House of commons becomes the Prime Minister
The leader of majority
Britain.
Prime Minister presides over the meetings of the Cabinet.

Prime Minister always belongs to the House of Commons.

A l the ministers must be members of the British Parliament
 40 Constitution of
P T h e organisation of the Cabinet is the handiwork of the Prime Minister,

the confiden of
TO) Cabinet remains in office only so long as it enjoys majority in
House of Commons.
collectively responsible efore the Ho
betore House
For all its policies, the Cabinet is
Commons.
its policies or D I s or axation propoea
(8) The Cabinet resigns in case any of
rejected by the House of Commons.
moment the House of Commons passes a vote of
(9) The Cabinet resigns the
confidence against it.
a caretaker government
after the dissolution
(10) The Cabinet keeps on working
as
of a new Cabinet.
the Parliament and continues
in office till the organisation

and peace only with the

consent
of the Parliament.
(11) The Cabinet can make
war

a censure motion against any ministe

(12) When the House of Commons passes
of his department, only that minister, and
him for lapses in the working
indicting
not the Cabinet resigns.
confidence of the Prime
(13) A minister remains in office long as he enjoys the
so
means the wish of the Prime
Minister.
Minister. The pleasure of the King really

dissolves the House of Commons only

on the advice of the Prime
(14) The King as the advice of the Cabinet
Minister. The advice of the Prime Minister is regarded
the majority party
(15) All the ministers appointed from amongst the members of
are
as the one created by war
However, during national emergencies, e.g.
in the Parliament are
representatives of all the parties which have representation
included in the Cabinet. Such a Cabinet is called War Cabinet or National Cabinet.
(16) For all that passes in the Cabinet, every member of it is absolutely and irretrievaby
responsible and each has to defend all the decisions of the Cabinet.
(17) Ministers must defend each other in the Parliament and in respect of all policies
the government.

IIL cONVENTIONS RELATING TO BRITISH PARLIAMENT

Bi-cameral organisation ofthe British Parliament rests upon conventions
O In each house of the British Parliament a bill is read thrice before it is passee
The member of the House of Commons who gets elected as its
Speh
resigns his party membership.
T h e Speaker mantains strict political neutrality.
from
LYIn the elections, the Speaker of the House of Commons is elected unopposea
his constituency.
Constitutiono fUK

41
aker
elected, the Speak remains in office as long as he
QO Once
always a Speaker."
desires. "Once a
Speaker,
The Parliament must hold at least one meeting during a year.

muling
(8) Th party always iormulates policies only in respect of the matters for
8) eeured the mandate of the people. The winning of majority of seats which in the
s e of Commons by a poiical party is taken to mean that its election manifesto
the mandate of the people.
has received
ding orders of either House can
Legally, the standin be amended or abolished by a
9) Le
iority vote but in actual practice, the ruling
majority vote
party, always takes the opposition
into confidence before undertaking such an exercise.

T h e Committees of the House reflect the party strength of the House.

a The system of holding consultations between the government and the concerned
interest groups in respect of measures for law- making and policy-making also rests
upon conventions.

Gy. CONVENTIONS RELATING TO THE

COMMONWEALTH OFNATIONS ****
wwww.w..wW** KAKEN.

Commonwealth of Nations.
British King/Queen is the ex-officio head of the
2The laws of the British Parliament
do not apply to the Dominions.
Monarch depends upon
undertaking functions relating to the Dominions, the
While and not on the advice of the
Cabinet of the concerned dominion
the advice of the
British Cabinet.
of all the institutions of the
Conventions regulate the organisation and working
As such,
British Constitution.
worked on the basis of
Conservative-Liberal
Democratic Coalition
During 2010-2015 the several democratic
traditions.
agreements as well
as
IDe
mutually agreed power sharing
OBEYED? OR
CONVENTIONS ARE
WHY
SANCTIONS BEHIND CONVENTIONS

are not established by statutes. Judieral

behaviour which law. A
natura
political as the
:ventions are rules of as certainly
Yet these are obeyed
sanction
is the
ecisions and executive proclamations. or "What
obeyed?"
N Conventions

question that demands answer is, "Why are

ehind Conventions?"

we can answer the question as follows: view that

conver
by the
advocate the found guilty
scholars
Pear of Impeachment. Some of the person modern
times,
that in
becan
cause disobedience can
can lead to the
to ne
impeachment

view.
He advocates
He
advocates

Parliament. Dicey, however, rejects this

obsolete.
impeachmer is out of use. It has become
42] Constitut ofük
2Ultimate Legal Sanctions. Dicey advocates the view that conventions arre ultimately
backed by sanctions. Conventions are so intimately bound up with las
legal
nat iitf
convention is violated, it also leads to a breach of law. Dicey gives an example a t a
mple to
prove h
point. There is a convention that the Parliament must meet once a year. If this Prove
conve his
broken and the Parliament is not called into session for more than a year, the Rudnlioni
The Army Act will lapse, because it is passed dget for the
annualte
year would remain un-passed.
would in turn make the collection of taxes by
the government illegal and the ly. Thie
become illegal. In this way, clarifies Dicey, the breach of
eping
the ofthethe
of
army would also
that the Parliament must meet once a year will lead to a violation of many laws. sim tion
leads to a breach of some law. It is henay, the
breach of any other convention always
no official of the government dares to violate convernti
ths
reason that no government,

However, scholars like Lowell do not accept Dicey's view. They hold that Dicew
ntions.
vi
because violation of many conventions do not lead to a violation of a
is incorrect
example, if the convention regarding the three readings of a bill by each House of Rri British
Parliament is broken, it does not lead to any breach of law. Further, the British Parliamen
is a
sovereign parliament. It can pass the Army Act for a decade, Budget for five consec
or a

the unpleasant consequences listed by Dicey as a part of his illustratiom

years. In such a case,
would not arise. Dicey's view, as such, is not fully correct and justified.
3Conventions are backed by Moral Sanctions. Lowell is of the opinion tha
conventions are obeyed because these are backed by Morality. These constitute the moal
code of political behaviour. These are like the code of conduct or the code of honour which is
voluntarily obeyed by the people.
Lowell's view is again a subjective view. Morality is not the only sanction behind
conventions.

Opinion as the sanction behind Conventions. s Jennings view

advocates the
4Public
that just as public opinion is the real sanction behind laws, conventions are also backed by
public opinion. Conventions are backed by public opinion as people regard these as essential
and fundamental rules of the constitution. Fear of losing public support and antagonising8
public opinion compels obedience to conventions
5Practical Utility as the sanction behind Conventions. Laski is of the view that tne
real sanction behind conventions is their practical utility. Conventions provide the means o
which the people running the affairs of the state can efficiently run the administrationa
avoid crisis situations. Their utility is the real sanction behind them. Violation o
convention can cause a political crisis. For example, if the King breaks the conventon
makes it essential for him to accept the advice of the Prime Minister, he canef
ister
constitutional crisis in Britain. In case he refuses to accept the advice ofthe Prime
the latter would definitely resign. The Prime Minister's resignation would compelthe Kingto
take recourse to one of the following three alternatives:
leaderof
(a) To invite the leader of the Opposition to form the government. 1n mmons.
Opposition cannot really do because of lack of majority in the House or o
this case, the
(b) To dissolve the House of Commons and order fresh elections. cepng
elections would be rought on the issue whether the King's action in ot
 o f the Prime Minister-the
the advice
leader of the
justified
Commons, was justi, or not. A re-election of majority in the House of
the same
Comnndate against the King, and even
against
party to power would
mean
to invite trouble for
kingship. Hence the King would
himself.
never like
To reappoint the same person as the Prime Minister. This the Prime Minister would
the acceptance of his advice.
do only after ensuring
These three cases illustrate that it is essential for the King to accept the advice of the
to enjoy the confidence of the
inister so long as he continues majority in the House
Prime likes to obey the convention that Prime Minister's
Commons. The
King as such always
of
advice must be accepted by him. A political crisis can develop in the event of non-acceptance
advice of the Prime Minister by the king. Moreover, the acceptance of the advice
advice of the
f the the Cabinet fully responsible for all the acts of the King.
mokes the Prime Minister and the King.
Hence, this convention is always respected by
ikewise, almost all conventions purpose have a to serve, a utility to be secured and a
and efficiently. The practical utility makes it essential for
sstemto be worked effectively the British constitution.
Conventions of
he men in power to follow
several sanctions and not one.
conventions are backed by
To conclude, we can say that sanctions behind them.
morality and consensus, all are
Public opinion, practical utility, are time-tested
customs and

by the
backed wisdom of experience. These
Conventions are
obeyed.
rules of political behaviour, and hence are always
recognised
QUESTIONS

Descriptive Questions
UK?
1. ItthereaConstitution of
British Constitution.
2. Explain the Sources of of Accidents
and Design?
is a Child
British Constitution
. Why is t said that Constitution.
Features of Bitish Constitution.
4, Discuss the Salient role in British
nature and obeyed?
Conventions? Discuss their Conventions

.Whatare Constitution. Why are

British
Conventions of
.
DISCUSs the major

Objective Type Questions

no constitutlon. is no such thing"
who sald that Britain has Constitution-there

England the
vlew "In ()
advocated the (b) De Tocqueville
who
(a) Thomas Paine
(c) Edmund Burke
Law.
2. Constitution means Constitutional
the
containing
the rules of of government.
a) The book organization
down the
which lay
A Set of rules
state.
law of the Constitution.

C)The constitutional a r r a t
çharters of B r i t i s h