'Constitutional conventions are not law but nevertheless play an Essay

'Constitutional conventions are not law but nevertheless play an important role in the UK constitution.' Briefly define the - Essay Example An example is the convection that the United Kingdom prime minister cannot be in office unless he or she has the majority votes from the house of common.3 Enforceability in the court Constitutional convection can never be enforced by the court of law. This is because according to the supreme court of Canada 1981, the convection is mostly in conflict with formal laws postulated and courts bound to carry out the legal rules. This conflict between convection constitution and rule of law according to the court ruling, regardless of how well it is universally acceptable, can transform into law unless the parliament drafts a law or amend the constitution. By so doing the convection becomes a coded law; a principle referred to as authoritative.4 Since the conventions unenforceable by the law court, but rather by political processes they rarely are they included in law reports. The courts often recognize convection so as intelligently to discuss in broad the democratic system of government r esponsibility in its work. Such is in the case of the Attorney General v Jonathan Cape, whereby, the attorney general would have progressed if he had only based his argument in convection of collective ministerial responsibility. He based his argument on the doctrine of equity on breach of confidence.5 He used convectional fact to back his argument. Another example is the case Cartona v Commissioner of Works.6 The key reason as to why courts should not make use of the underlying constitution conventions to transform into law is because there exist no gap to cover, a case that seems hard appear so only when its focused on only constitutional law. According to Jennings, with the combination of conventions and constitutional law, it is vivid that the judges should appreciate the political means of enforcement instead of using underlying convectional principle as a way to convert constitutional conventions into judicial law.7 In the UK Politics, these connections are the ones that bring about true distribution of authority. A clear example is the role of sovereign power5 that seems to have same powers as the monarch on paper by exercising the royal prerogatives; the parliament can be dissolved by the sovereign. He also has authority to appoint and dismiss the government, ministers, prime minister and even deny her assent to any bill passed by the government. In the real sense, the sovereign does not yield any such power except on special circumstances. The operations of the UK government are in the hands of ministers elected and the officials acting under the law and royal prerogative residues. This entire establishment was through conventions.8 The conventions are binding non legal rules meaning that they are not part of law through pressure from the political class make it unrealistic, the members bound by these conventions do not break any rule by failing to bind by those law .9 Some conventions change over time, for example, prior to 1918, the UK cabinet had r equested a the parliament to be dissolved from the monarch, a request conveyed by the prime minister .Since then prime ministers request dissolutions