What is a political convention, and how does it function within a state's governance?

A political convention, also referred to as a constitutional convention, is an uncodified tradition that guides the institutions of a state. These conventions are not enforced by law but are followed in practice, shaping how legal powers are exercised and how the government operates, particularly in systems that do not rely solely on written constitutional documents.

In which types of states are uncodified traditions, known as conventions, particularly important for governing state functions?

Uncodified traditions, known as conventions, are particularly important in states that follow the Westminster system, such as Commonwealth nations whose political systems are derived from British constitutional law. In these states, conventions often guide most government functions, sometimes leading to a distribution of power that differs from what formal written documents might suggest.

How do constitutional conventions affect the distribution of power in states that rely on them, especially concerning the head of state?

In states heavily reliant on constitutional conventions, the formal constitution might grant wide discretionary powers to the head of state. However, conventions dictate that these powers are typically exercised only on the advice of the head of government, or in some cases, not at all, thereby limiting the head of state's practical authority.

According to A. V. Dicey, what are the two sets of rules that govern the actions of political actors and institutions in Britain?

According to British legal scholar A. V. Dicey, the actions of political actors and institutions are governed by two parallel sets of rules: formal laws, which are enforceable by courts, and conventions, which are uncodified traditions, understandings, habits, or practices that regulate conduct but are not enforced by the courts. Dicey termed the latter 'the conventions of the constitution,' or constitutional morality.

How did Dicey distinguish between "laws" and "conventions of the constitution"?

Dicey distinguished between laws and conventions by their enforceability. Laws are rules that courts will enforce, whether written or unwritten, while conventions are rules that, though they regulate the conduct of sovereign power, are not enforced by the courts. Conventions, therefore, represent a distinct category of constitutional guidance.

What is Peter Hogg's perspective on constitutional conventions, particularly regarding their role in the exercise of legal powers?

Canadian scholar Peter Hogg views conventions as non-legal rules that prescribe how legal powers should be exercised. He notes that conventions can effectively transfer power from the legal holder to another official or institution, limit broad legal powers, or even dictate that a legal power should not be exercised at all.

Under what circumstances do constitutional conventions typically arise?

Constitutional conventions typically arise when the exercise of a particular type of power, even if not legally prohibited, generates significant opposition. This opposition makes it impractical to exercise that power again in the future, leading to the establishment of a convention against its use.

What historical event involving Robert Peel's ministry in 1834-1835 is cited as an example of how a convention might originate?

The convention that the Prime Minister of the United Kingdom must maintain the support of a majority in the House of Commons is cited as originating from an unsuccessful attempt by Robert Peel's ministry to govern without such support in 1834-1835. This failure established a precedent that influenced future parliamentary practice.

Can constitutional conventions be enforced by courts of law, and why or why not?

No, constitutional conventions cannot be enforced by courts of law. This is primarily because conventions often conflict with the strict legal rules they are meant to govern, and courts are bound to uphold the law as written, not the unwritten practices that modify its application.

What was the reasoning of the Supreme Court of Canada in the 1981 Patriation Reference regarding the enforceability of conventions?

In the 1981 Patriation Reference, the Supreme Court of Canada reasoned that conventions are generally in conflict with the legal rules they postulate. Consequently, courts may be compelled to enforce the legal rules, making it impossible for conventions, however well-established, to transform into law unless formally codified by legislation or constitutional amendment.

What is the condition under which a constitutional convention can become law, according to the Supreme Court of Canada's ruling?

According to the Supreme Court of Canada's ruling in the 1981 Patriation Reference, a constitutional convention can only become law if the relevant parliament or legislature enacts a statute or constitutional amendment that codifies the convention.

How do conventions create a conflict with legal rules, making them unenforceable in courts?

Conventions create a conflict with legal rules by prescribing that certain actions, which would be legally permissible based on a straightforward reading of the law, are practically impermissible. This divergence means that a court, if faced with such a situation, would likely uphold the strict legal interpretation rather than the customary practice.

What convention dictates who is asked to form a government in Australia based on the House of Representatives?

In Australia, the convention is that whoever can command a majority in the House of Representatives is entitled to be asked by the Governor-General to form a government and assume the title of Prime Minister.

What is the convention regarding an incumbent Prime Minister who loses an election in Australia?

The convention in Australia is that an incumbent Prime Minister who loses an election will advise the Governor-General to appoint the leader of the party with the larger number of seats as the new Prime Minister, ensuring the Governor-General does not have to act unilaterally.

What convention governs the Prime Minister's action upon the defeat of the government in a confidence or money vote in Canada?

In Canada, the convention is that the Prime Minister will request the Governor General to call an election if the government is defeated on a confidence or money vote. This ensures accountability to Parliament.

How was the convention regarding confidence votes handled in Canada in 1968 when Lester B. Pearson's minority government lost a money vote?

In 1968, Lester B. Pearson's minority government lost a money vote. Instead of triggering an election, all parties agreed to pass a resolution retroactively declaring the lost vote was not a matter of confidence, allowing the government to continue without an immediate election.

What convention governed the National Congress's role in contingent elections under the 1925 Chilean Constitution?

Under Chile's 1925 Constitution, if no presidential candidate won an absolute majority, the National Congress would hold a contingent election between the top two candidates. A convention developed where Congress consistently elected the candidate who had received the most popular votes.

What is the convention regarding the political involvement of the Monarch or Governor-General in Commonwealth Realms?

In Commonwealth Realms, a key convention is that neither the Monarch nor a Governor-General will participate in the political process unless there is an extreme circumstance requiring the use of reserve powers, or if the advice tendered is contrary to established convention.

What convention prevents the Monarch or Governor-General from making partisan speeches or stating partisan opinions in Commonwealth Realms?

A significant convention in Commonwealth Realms is that the Monarch and Governors-General must remain politically neutral, refraining from making partisan speeches or expressing partisan opinions. This upholds the symbolic and impartial nature of their roles.

How are references to the King acting in a political capacity interpreted in Denmark, given the Constitution's focus on the King?

In Denmark, references to the King acting in a political capacity within the Constitution are understood to include a Queen regnant and, more importantly, to mean the Prime Minister. This is because the Constitution stipulates that the King exercises his powers through the Cabinet, effectively transferring executive action to the government.

What convention dictates the President of the French National Assembly's action when a statute is claimed to be unconstitutional?

In France, if the president of the National Assembly, the president of the Senate, or a specified number of deputies or senators claim a recently passed statute is unconstitutional, the President of the Republic conventionally refrains from signing the law and instead awaits a petition to the Constitutional Council.

What convention do German Presidents follow regarding their political party membership while in office?

Since the founding of the Federal Republic in 1949, German Presidents have conventionally let their party membership 'rest' for the duration of their term in office, even if not legally required. This practice signifies their commitment to impartiality and the presidency's non-partisan role.

What is the convention regarding snap elections in Germany, as exemplified by the elections in 1972, 1983, and 2005?

While the German Basic Law does not provide a formal mechanism for parliamentary self-dissolution, a convention has emerged where a Chancellor can deliberately lose a vote of confidence and then request the President to dissolve the Bundestag, leading to snap elections. This practice, used in 1972, 1983, and 2005, has sometimes been controversial.

What unwritten convention, known as the National Pact, dictates the religious and sectarian affiliation of key Lebanese political offices?

In Lebanon, the unwritten National Pact establishes a convention that assigns key political offices based on religious and sectarian affiliation: the President must be a Maronite Christian, the Prime Minister a Sunni Muslim, the Speaker of Parliament a Shia Muslim, and the deputy speaker a Greek Orthodox Christian.

What convention determines who becomes the Prime Minister or Chief Minister in Malaysia based on parliamentary majority?

In Malaysia, the convention is that the Prime Minister at the federal level, and Chief Ministers at the state level, are the leaders of the party or coalition that holds an absolute majority of seats in the respective legislative body (Dewan Rakyat or State Legislature), ensuring they can command support.

What convention exists in New Zealand regarding the Prime Minister asking for an early election?

In New Zealand, there is a convention that the Prime Minister should not request an early election unless they are unable to maintain confidence and supply from Parliament. This convention aims to prevent elections from being called for purely political advantage.

What does parliamentarism entail in the Norwegian political system, as it evolved since 1884?

In Norway, parliamentarism, which evolved since 1884, entails that a cabinet must maintain the support of Parliament (meaning an absence of mistrust) to remain in power, though it does not necessarily require express support. This convention ensures governmental accountability to the elected legislature.

What convention has King Juan Carlos I of Spain followed when nominating candidates for the Presidency of the Government?

King Juan Carlos I of Spain conventionally nominated the political party leader who commanded a plurality of seats in the Congress of Deputies when nominating candidates for the Presidency of the Government, despite the constitution allowing him to nominate anyone he saw fit.

What convention governs the composition of the Swiss government, particularly regarding political proportion and the "magic formula"?

In Switzerland, a key convention is that the government, the Federal Council, is composed of members in political proportion to the weight of various factions in Parliament, creating a permanent grand coalition. For much of the post-war era, this composition was determined by the 'magic formula'.

What convention of collegiality do members of the Swiss Federal Council observe?

Members of the Swiss Federal Council observe the convention of collegiality, which means they do not publicly criticize one another and publicly support all decisions of the collective body, even if they personally disagree. This promotes unity and consensus within the government.

What is the Ponsonby Rule in the UK, and how has it been codified?

The Ponsonby Rule, originating in 1924, is a UK convention that requires the texts of most international treaties to be laid before Parliament at least 21 days before ratification. This convention was later codified into law by the Constitutional Reform and Governance Act 2010.

What convention dictates that the monarch accepts and acts on the advice of their ministers in the UK, except when exercising reserve powers?

A fundamental UK constitutional convention is that the monarch must accept and act on the advice of their ministers. The monarch can only deviate from this advice when exercising their reserve powers, which are typically reserved for exceptional circumstances.

What legal principles have been established regarding the legitimacy of ministerial advice and its role in frustrating Parliament's accountability in the UK?

UK legal principles, as established in cases like Council of Civil Service Unions v Minister for the Civil Service and R (Miller) v The Prime Minister, hold that ministerial advice must serve a legitimate purpose and must not frustrate Parliament's role in holding the Prime Minister accountable. These principles underscore the legal limits on executive action, even when guided by convention.

What convention determines who becomes the Prime Minister of the UK in relation to parliamentary majority?

The convention in the United Kingdom is that the Prime Minister must be the leader of the political party, or coalition of parties, that holds an absolute majority of seats in the House of Commons, thereby ensuring they can command the confidence of the House.

What convention dictates the House of Lords' behavior towards budget bills passed by the House of Commons in the UK?

A significant UK convention dictates that the House of Lords should not reject a budget passed by the House of Commons. This convention, challenged in 1909, was later reinforced by legislation that limited the Lords' powers over financial matters.

What is the Sewel convention (now legislative consent motions) concerning Westminster Parliament legislating on devolved matters for Scotland and Wales?

The Sewel convention, now referred to as legislative consent motions, dictates that the Westminster Parliament will only legislate on devolved matters for Scotland or Wales with the consent of the respective Scottish Parliament or Senedd Cymru. This ensures that devolved legislatures have a say in matters affecting their regions.

What is the Salisbury convention regarding the House of Lords' opposition to legislation from the House of Commons in the UK?

The Salisbury convention in the UK states that the House of Lords should not oppose legislation that was part of the government's manifesto. This convention aims to respect the democratic mandate of the elected House of Commons.

What convention dictates the President of the United States' delivery of the State of the Union address?

A convention in the United States dictates that the President delivers the State of the Union address in person before a joint session of Congress. This practice, revived in 1913, serves as a key annual communication from the executive to the legislature.

How is the operation of the United States Cabinet primarily dictated?

The operation of the United States Cabinet is primarily dictated by convention, as the U.S. Constitution only vaguely alludes to its existence and functions. These unwritten rules shape how the Cabinet advises the President and manages executive departments.

What convention of senatorial courtesy concerns presidential appointments in the United States?

The convention of senatorial courtesy in the United States requires the President to obtain the consent of both Senators from a state before appointing federal officials, such as U.S. Attorneys or federal judges, who will serve within that state. This practice ensures local senatorial input on key appointments.

What is the convention regarding the resignation of Cabinet officials and major executive officers when a new President takes office in the US?

It is a convention in the United States that Cabinet officials and other major executive officers resign and are replaced when a new President assumes office, unless the new President explicitly asks them to continue their service. This facilitates a smooth transition of executive leadership.

What convention dictates who the Speaker of the House is in the US, and what is the custom regarding their voting?

In the United States House of Representatives, the convention is that the Speaker is always the Representative who leads the majority party. Additionally, by custom, the Speaker typically does not vote, except to break a tie, maintaining an impartial role in presiding over the chamber.

What Senate rule requires a specific number of votes to invoke cloture, and what is the effect of the filibuster?

Senate rules in the United States require a majority of 60 votes to invoke cloture, which ends debate on a bill and forces a vote. The filibuster, enabled by these rules, allows a minority of Senators to indefinitely block measures they find objectionable, demonstrating how procedural norms can significantly impact legislative outcomes.

How do constitutional conventions arise when the exercise of power is not prohibited by law?

Constitutional conventions arise when the exercise of a power, though legally permissible, generates such significant opposition that it becomes politically impossible to use that power again. This opposition establishes a precedent that shapes future conduct, effectively creating an unwritten rule.

What is the significance of A. V. Dicey's contribution to the understanding of constitutional conventions?

A. V. Dicey's 1883 book, 'Introduction to the Study of the Law of the Constitution,' was significant for first defining and analyzing constitutional conventions as a distinct category of rules governing political behavior, separate from enforceable laws but crucial for understanding how the constitution functions in practice.

How did the 1975 Australian constitutional crisis illustrate the disregard for conventions?

The 1975 Australian constitutional crisis demonstrated how several conventions, including those concerning the Governor-General acting on the Prime Minister's advice and the vice-regal officers acting in a politically neutral way, were disregarded, leading to a significant political upheaval.

What is the convention regarding the appointment of the most senior puisne justice to Chief Justice in Canada?

In Canada, there was a convention of appointing the most senior puisne justice to the position of Chief Justice of the Supreme Court. However, this convention has reportedly fallen into disuse in recent times.

Convention Political Norm Wiki: The Unwritten Fabric of Governance: Understanding Political Conventions

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Definitions

Core Concept

A political convention, often termed a constitutional convention, represents an uncodified tradition meticulously followed by the institutions of a state. In numerous political systems, particularly those influenced by the Westminster model and British constitutional law, these conventions guide governmental operations more significantly than formal written constitutions.

Practical Application

Conventions dictate how legal powers are exercised. They can effectively transfer authority from the legal holder to another entity, impose limitations on seemingly broad powers, or even stipulate that a legal power should not be exercised at all. This nuanced interplay between law and practice is central to understanding constitutional governance.

Historical Context

The term was notably articulated by A. V. Dicey in his seminal work, Introduction to the Study of the Law of the Constitution (1883). Dicey distinguished between enforceable laws and these non-legal rules—conventions, understandings, habits, or practices—that regulate conduct but are not enforced by the judiciary. He termed the latter "constitutional morality."

Origins

Emergence of Norms

Constitutional conventions typically emerge when the exercise of a particular power, though legally permissible, generates substantial opposition. This opposition makes future exercises of that power untenable. For instance, the convention that a Prime Minister must maintain the support of a parliamentary majority stems from historical instances where ministries governing without such support faced insurmountable challenges.

Case Study: Peel's Ministry

A classic illustration is the convention regarding the Prime Minister's need for parliamentary majority support. Robert Peel's ministry in 1834-1835 attempted to govern without a majority in the House of Commons, an effort that proved unsustainable and ultimately led to the establishment of this enduring convention.

Enforceability

Judicial Non-Intervention

Crucially, constitutional conventions are not legally enforceable by courts. The Supreme Court of Canada, in its 1981 Patriation Reference, highlighted that conventions often conflict with legal rules, and courts are bound to uphold the law. This means that even well-established conventions cannot transform into law unless formally codified by legislative or parliamentary action.

Evolution and Adaptation

Conventions are dynamic and can evolve over time. For example, the process by which a Prime Minister requests a parliamentary dissolution has shifted significantly, reflecting changes in political practice and legislative frameworks, such as the UK's Fixed-term Parliaments Act 2011. Breaches of convention, while rare, often lead to significant political criticism and a loss of public trust.

Global Examples

Australia

In Australia, conventions dictate that the Governor-General acts exclusively on the advice of the Prime Minister. Similarly, an incumbent Prime Minister who loses an election advises the Governor-General to appoint the leader of the opposing party, ensuring a smooth transition of power without direct vice-regal intervention.

Canada

Canadian conventions require the Prime Minister to request the Governor General to call an election upon the government's defeat on a confidence motion. The operation of the Prime Minister's office and the composition of the Supreme Court also heavily rely on established conventions, ensuring representation from different legal traditions.

United Kingdom

The British constitution is rich with conventions. Key examples include the monarch acting solely on ministerial advice, and the Prime Minister always being the leader of the party commanding a majority in the House of Commons. The convention that the Speaker seeking re-election is not opposed by major parties also underscores the importance of parliamentary tradition.

United States

In the U.S., conventions shape executive functions, such as the President delivering the State of the Union address in person annually. Senatorial courtesy, requiring the President to consult with a state's senators before making appointments within that state, is another vital unwritten rule.

Germany

A notable German convention allows a Chancellor to deliberately lose a vote of confidence, thereby enabling the President to dissolve the Bundestag and call snap elections. This practice, though controversial at times, highlights the flexibility within the constitutional framework.

Lebanon

Lebanon's political system operates under significant unwritten conventions, particularly the National Pact, which mandates power-sharing based on religious and ethnic affiliations. The President must be a Maronite Christian, the Prime Minister a Sunni Muslim, and the Speaker of Parliament a Shia Muslim, reflecting a unique confessional democracy.

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References

Supreme Court of Canada, Attorney General of Manitoba et al. v. Attorney General of Canada et al. (September 28, 1981)

Hurtado-Torres, Sebastian (2020). The Gathering Storm: Eduardo Freiâs Revolution in Liberty and Chileâs Cold War. Cornell University Press. pp. 36

A full list of references for this article are available at the Convention (political norm) Wikipedia page

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This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not professional advice. The information provided on this website is not a substitute for professional political science, legal, or governmental consultation. Always refer to official documentation and consult with qualified professionals for specific needs. Never disregard professional advice because of something you have read on this website.

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The Unwritten Fabric of Governance

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Definitions ℹ️

✍️ Core Concept

⚖️ Practical Application

📜 Historical Context

Origins 📜

🌱 Emergence of Norms

🏛️ Case Study: Peel's Ministry

Enforceability ⚖️

🚫 Judicial Non-Intervention

🔄 Evolution and Adaptation

Global Examples 🌍

🇦🇺 Australia

🇨🇦 Canada

🇬🇧 United Kingdom

🇺🇸 United States

🇩🇪 Germany

🇱🇧 Lebanon

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📜 Important Notice

Dive in with Flashcard Learning!

Definitions

Core Concept

Practical Application

Historical Context

Origins

Emergence of Norms

Case Study: Peel's Ministry

Enforceability

Judicial Non-Intervention

Evolution and Adaptation

Global Examples

Australia

Canada

United Kingdom

United States

Germany

Lebanon

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice