Pros And Cons Of Constitutional Conventions

1609 Words7 Pages
CONVENTIONS
Meaning and definition of convention:
Conventions are those unwritten rules of political conduct which have got the approval of the people and have become part and parcel of political constitution. Thought no punishment is given on the violation of conventions, yet the people obey these because of their utility. (http://cms.gcg11.ac.in/attachments/article/259/CONVENTION.pdf).
The various scholars have given the definitions to clarify the meaning of conventions:
According to ANSON:
“Conventions are the customs of the constitution
According to J.S. MILL:
“Conventions are unwritten maxim of the constitution”. According to Sir Ivor Jennings:
"The short explanation of constitutional conventions is that they provide the flesh which
…show more content…
It is defined to be the consent of two or more persons to form with each other an engagement, or to dissolve or change one which they had previously formed. (http://legal-definition.the-free-dictionary.com)
Types of Conventions
• Constitutional convention:
A constitutional convention is an assembly of representatives or delegates of the people of a state or nation, arranged for the purpose of framing, altering, or amending its constitution. Article V of the U.S. Constitution provides that a constitutional convention may be convoked on application of the legislatures of two-thirds of the states. http://legal-definition.the-free-dictionary.com

• Judicial convention:
A judicial convention is an assembly of judges of the superior courts (courts of general jurisdiction), empowered in some states to meet during specified periods to adopt uniform rules of practice. The powers of the convention are restricted to making necessary rules that conform to the provisions of the related statute. Revision or abrogation of any rule of practice established by statute is prohibited.
…show more content…
http://cms.gcg11.ac.in/attachments/article/259/CONVENTION.pdf
Conventions related to Prime Minister:
• The law does not say anything about how a Prime Minister should be chosen similarly the law does not require a Prime Minster to be appointed. However the law says that the Monarch may take on or discharge ministers at her own satisfaction.
• On the other hand, conventions believe that the monarch has to request one person to be the Prime Minister and head a government.
• Every Prime Mister has to be a member of both House of Commons and House of Lords. Prime Ministers in the House of Commons are elected by the public on the other hand the House of Lords are hereditary peers. http://cms.gcg11.ac.in/attachments/article/259/CONVENTION.pdf

Conventions related to Ministers:
• Ministers are given the power to make laws on various areas which are connected to the government, including some powers legally vested in the Monarch: and ultimately, through Parliament and parties to the electorate.
• In the common doctrine, Ministers are responsible for the conduct of officials within their departments alongside to their personal
Get Access