Professional Documents
Culture Documents
University of York
Constitutional Law
Overview of the Course
Syllabus
1. Introduction to the Course, An overview and the Idea of the Constitution:
Introduction to the British Constitution, Sources and Nature
2. The UK’s Historical Framework, Particularity of the British Constitution,
Constitutional Principles
3. Separation of Powers
4. Parliamentary Sovereignty and its limits: EU Membership, Human Rights
Act 1998, Devolution
5. The Rule of Law
6. The Institutions of the UK, Government in the UK, the Crown, Public
Bodies, Judiciary, Recent reform
7. Delegated Powers and Delegated Legislation
8. The Constitution and the Individual: Protecting Rights in the UK, Police
D) Constitutional conventions
Rules which are not Acts of Parliament of fruit of judicial
decisions but observed by the Queen, ministers, members
of Parliament, judges and civil servants
Dicey
“conventions, understandings, habits or practices which,
though they may regulate the conduct of the several
members of the sovereign power..... are not in reality laws
at all since they are not enforced by the courts”
Constitutional Conventions
Dicey’s approach:
Constitutional Conventions: conventional conduct
To do something what is customarily expected
“a generally accepted political practice, usually with a
record of successful applications or precedents”
“ rules of constitutional behaviour which are
considered to be binding upon those who operate the
Constitution but which are not enforced by the
courts..” Marshall and Moody
Sources of the UK Constitutional
Law
D) Constitutional Conventions
Examples:
Queen’s speech to open the session of Parliament.
Royal Assent is given by the Queen on the advice of the
Ministers
Monarch has unlimited power to appoint whoever to
become her Minister however appointments are made on
the advice of Prime Minister thus by ‘convention’ a new
Minister needs to belong to one or other Hoses of
Parliament.
‘conventional rule’ a new government must have the
confidence of the majority in the House of Commons
Conventions
Examples
Conventions regulating the work of Parliament
The House of Lords should give way to the House of
commons
Financial measures should be introduced by the
House of commons and not altered by the House of
Lords
In the event of a ‘tied vote’ in the House of Commons,
the Speaker’s casting vote is cast for the government
Sources of the UK Constitutional
Law
What happens when the conventional rule is
breached?
Loss of office
Departure from the public life
Minister is forced to resign