Export your learner materials as an interactive game, a webpage, or FAQ style cheatsheet.
Unsaved Work Found!
It looks like you have unsaved work from a previous session. Would you like to restore it?
Total Categories: 4
Constitutional conventions are legally enforceable rules that courts can uphold.
Answer: False
Constitutional conventions are not legally enforceable by courts; they are political or moral rules that guide the exercise of legal powers.
A. V. Dicey posited that constitutional conventions were rules enforceable by courts, thereby distinguishing them from formal laws.
Answer: False
Dicey distinguished conventions as rules not enforceable by courts, contrasting them with laws which are enforceable, thereby defining them as constitutional morality rather than law.
Peter Hogg's perspective is that constitutional conventions are legally binding rules dictating the exercise of governmental powers.
Answer: False
Hogg viewed conventions as non-legal rules that guide the exercise of legal powers, rather than being legally binding themselves.
Constitutional conventions typically emerge when the exercise of a legal power encounters significant public opposition.
Answer: False
Conventions typically arise when the exercise of a legal power faces substantial public opposition, making its repeated use impractical and establishing a precedent against its application.
Dicey distinguished conventions as rules not enforced by courts, contrasting them with laws which are enforceable.
Answer: False
Dicey distinguished conventions as rules not enforced by courts, contrasting them with laws which are enforceable.
What is the principal reason courts are unable to enforce constitutional conventions?
Answer: Conventions frequently diverge from strict legal statutes, compelling courts to prioritize legal adherence.
Courts are bound by legal statutes and cannot enforce conventions that may contradict or modify these laws.
What is a political convention, and how does it function within the governance of a state?
Answer: True
A political convention is an uncodified tradition that guides state institutions, shaping the exercise of legal powers without being legally enforceable.
How did A. V. Dicey differentiate between 'laws' and 'conventions of the constitution'?
Answer: True
Dicey distinguished laws as rules enforceable by courts from conventions, which are uncodified practices regulating conduct but not legally enforceable.
According to A. V. Dicey, what are the two principal categories of rules that govern political actions in Britain?
Answer: Formal laws and uncodified conventions
Dicey identified formal laws, enforceable by courts, and uncodified conventions, which are political or moral rules, as the two governing categories.
Under what circumstances do constitutional conventions typically emerge?
Answer: When the exercise of a legally permissible power faces significant opposition.
Conventions typically emerge when the exercise of a specific type of power, even if legally permissible, generates substantial opposition, rendering its future use impractical and establishing a precedent against its application.
Which definition best characterizes a political convention according to the provided source material?
Answer: An uncodified tradition guiding state institutions, lacking legal enforcement.
A political convention is defined as an uncodified tradition that guides state institutions but is not legally enforceable.
The convention requiring the UK Prime Minister to command a majority in the House of Commons is historically linked to Robert Peel's unsuccessful attempt to govern without such support between 1834-1835.
Answer: False
The convention originated from Peel's *unsuccessful* attempt to govern without a Commons majority, establishing a precedent against such practice.
In Australia, the convention dictates that the Governor-General invites the individual who can command a majority in the House of Representatives to form a government.
Answer: False
The Australian convention requires the Governor-General to invite the person most likely to command the confidence of the House of Representatives, typically the leader of the majority party or coalition.
The convention regarding confidence votes in Canada dictates that a government defeated on a money bill or a confidence motion must seek a general election.
Answer: False
While a lost confidence vote typically triggers an election, the convention can be modified if all parties agree that the vote was not a matter of confidence.
In Commonwealth Realms, the Monarch or Governor-General is conventionally expected to remain politically neutral and refrain from active participation in political debates.
Answer: False
The convention in Commonwealth Realms mandates political neutrality for the Monarch or Governor-General, precluding active participation in political debates.
The Lebanese National Pact assigns the position of President to a Maronite Christian and the Prime Minister to a Sunni Muslim.
Answer: False
The Lebanese National Pact assigns the Presidency to a Maronite Christian and the Prime Ministership to a Sunni Muslim.
In Malaysia, the Prime Minister is conventionally chosen from the party or coalition that commands an absolute majority of seats in the legislature.
Answer: False
The Malaysian convention dictates that the Prime Minister must lead the party or coalition holding an absolute majority in the legislature.
The New Zealand convention suggests the Prime Minister should only request an early election if unable to maintain confidence and supply.
Answer: False
The convention in New Zealand discourages calling early elections solely for strategic political advantage, requiring a demonstrable inability to maintain parliamentary confidence.
The Ponsonby Rule in the UK requires international treaties to be laid before Parliament for a minimum of 21 days prior to ratification.
Answer: False
The Ponsonby Rule mandates that treaties be presented to Parliament at least 21 days prior to ratification, not ratified beforehand.
A fundamental UK convention dictates that the monarch must act on ministerial advice, with the exception of exercising reserve powers.
Answer: True
The monarch's actions are conventionally guided by ministerial advice, with reserve powers being the only recognized exception for independent action.
UK legal principles prevent ministerial advice from undermining Parliament's accountability function.
Answer: False
UK legal principles, as established in case law, prevent ministerial advice from undermining Parliament's accountability function.
In the UK, the Prime Minister is conventionally the leader of the party or coalition commanding a majority in the House of Commons.
Answer: False
The convention requires the UK Prime Minister to lead the party or coalition that holds a majority of seats in the House of Commons.
The Salisbury convention dictates that the House of Lords should refrain from opposing legislation that was included in the governing party's manifesto.
Answer: False
The Salisbury convention dictates that the House of Lords should refrain from opposing legislation that was included in the governing party's manifesto.
The Sewel convention establishes that the Westminster Parliament will seek consent from devolved legislatures before legislating on matters within their competence.
Answer: True
The Sewel convention mandates that Westminster Parliament obtain consent from devolved legislatures before legislating on devolved matters.
A convention existed in Canada to appoint the most senior puisne justice to the position of Chief Justice of the Supreme Court, though this practice is reportedly disused.
Answer: False
The convention in Canada was to appoint the most senior puisne justice as Chief Justice, a practice that is reportedly no longer followed.
The Westminster system of government relies significantly on uncodified traditions, known as conventions, to guide its governmental functions.
Answer: True
The Westminster system is characterized by its reliance on constitutional conventions, unwritten rules that shape the operation of government.
The convention of the UK Monarch acting on ministerial advice is subject to the exception of the monarch exercising reserve powers in exceptional circumstances.
Answer: False
The convention of acting on ministerial advice is subject to the exception of the monarch exercising reserve powers in exceptional circumstances.
The Salisbury convention in the UK is designed to respect the democratic mandate of the House of Commons.
Answer: True
The Salisbury convention dictates that the House of Lords should not oppose legislation that has a mandate from the electorate, as represented by the government's manifesto in the House of Commons.
The convention that a lost confidence vote triggers an election can be circumvented if all parliamentary parties agree that the vote did not constitute a loss of confidence.
Answer: True
The convention that a lost confidence vote triggers an election can be circumvented if all parliamentary parties agree that the vote did not constitute a loss of confidence.
What convention dictates that the UK monarch accepts and acts upon ministerial advice, with the exception of exercising reserve powers?
Answer: True
The convention requiring the monarch to act on ministerial advice is a cornerstone of the UK's constitutional monarchy, tempered only by the monarch's reserve powers.
What is the principle behind the Sewel convention (now legislative consent motions) regarding Westminster Parliament legislating on devolved matters for Scotland and Wales?
Answer: True
The Sewel convention establishes that the Westminster Parliament will seek consent from devolved legislatures before legislating on devolved matters.
What convention guides the House of Lords' approach to budget bills passed by the UK House of Commons?
Answer: True
The convention dictates that the House of Lords should not reject budget bills passed by the House of Commons, respecting the financial primacy of the elected chamber.
What was the convention regarding the appointment of the Chief Justice of the Supreme Court of Canada?
Answer: True
The convention in Canada was to appoint the most senior puisne justice as Chief Justice, a practice that is reportedly no longer followed.
In which governmental systems are uncodified traditions, known as conventions, particularly crucial for governing state functions?
Answer: True
Uncodified traditions, or conventions, are particularly important in states employing the Westminster system, where they significantly shape governmental operations.
In Australia, who is conventionally invited by the Governor-General to form a government?
Answer: The individual who can command a majority in the House of Representatives.
The Australian convention dictates that the Governor-General invites the individual most likely to command the confidence of the House of Representatives to form a government.
What occurred in Canada in 1968 concerning Lester B. Pearson's government and a confidence vote?
Answer: All parties agreed the lost vote did not constitute a confidence matter, permitting the government to continue.
In 1968, when Lester B. Pearson's minority government lost a money vote, all parties agreed to a resolution retroactively declaring the vote was not a matter of confidence, thus avoiding an immediate election.
Which statement best characterizes the convention regarding the political involvement of the Monarch or Governor-General in Commonwealth Realms?
Answer: They are expected to maintain political neutrality unless confronting extreme circumstances.
The convention requires the Monarch or Governor-General in Commonwealth Realms to maintain political neutrality, intervening only in exceptional circumstances.
Which key political office is assigned to a Sunni Muslim according to the Lebanese National Pact convention?
Answer: Prime Minister
The Lebanese National Pact conventionally assigns the position of Prime Minister to a Sunni Muslim.
In Malaysia, the convention for selecting the Prime Minister is based upon which criterion?
Answer: The party or coalition commanding an absolute majority in the legislature.
The Malaysian convention dictates that the Prime Minister must be the leader of the party or coalition that holds an absolute majority in the legislature.
What is the convention in New Zealand regarding a Prime Minister requesting an early election?
Answer: The Prime Minister should only request an early election if unable to maintain confidence and supply.
The convention in New Zealand advises that a Prime Minister should only request an early election unless unable to maintain confidence and supply from Parliament.
What is the Ponsonby Rule in the United Kingdom concerning international treaties?
Answer: Treaties must be presented to Parliament at least 21 days before ratification.
The Ponsonby Rule requires that international treaties be presented to Parliament for a minimum of 21 days before ratification.
Which UK legal principle limits the executive's power concerning ministerial advice?
Answer: Ministerial advice is prohibited from frustrating Parliament's accountability role.
UK legal principles establish that ministerial advice must not impede Parliament's role in holding the executive accountable.
What is the convention concerning the House of Lords and budget bills passed by the UK House of Commons?
Answer: They should refrain from rejecting them.
The convention dictates that the UK House of Lords should not reject budget bills passed by the House of Commons.
The Sewel convention, now legislative consent motions, pertains to which principle within the UK's devolved governance structure?
Answer: Westminster seeking consent for legislating on devolved matters.
The Sewel convention establishes the principle that Westminster Parliament should seek consent from devolved legislatures before legislating on devolved matters.
What guidance does the Salisbury convention in the UK provide to the House of Lords regarding legislation?
Answer: To refrain from opposing legislation included in the government's manifesto.
The Salisbury convention advises the House of Lords not to oppose legislation that is part of the government's electoral manifesto.
What convention existed in Canada concerning the appointment of the Chief Justice of the Supreme Court?
Answer: The most senior puisne justice was appointed, a practice reportedly now disused.
A convention in Canada stipulated that the most senior puisne justice would be appointed Chief Justice of the Supreme Court, although this practice is reportedly no longer current.
In the United Kingdom, the convention that the Monarch acts on ministerial advice can be overridden exclusively when the Monarch exercises what?
Answer: Reserve powers
The convention of the Monarch acting on ministerial advice can be overridden only through the exercise of the Monarch's reserve powers.
In Denmark, constitutional references to the King acting politically are interpreted to signify the Prime Minister, reflecting the executive power vested in the Cabinet.
Answer: True
The Danish Constitution's references to the King's political actions are understood to apply to the Prime Minister, as executive power is exercised by the Cabinet.
In France, if a statute is challenged as unconstitutional, the President of the Republic conventionally refrains from signing it pending review by the Constitutional Council.
Answer: False
Upon a constitutional challenge, the French President conventionally delays signing the statute to allow the Constitutional Council to review its constitutionality.
German Presidents have historically maintained active membership and participation in their political parties while serving in office.
Answer: False
German Presidents conventionally let their party membership 'rest' during their term to uphold impartiality, rather than actively participating.
Norwegian parliamentarism requires a cabinet to maintain the confidence of Parliament, meaning an absence of mistrust, rather than necessarily explicit majority support.
Answer: False
Norwegian parliamentarism mandates that a cabinet must not face a vote of no confidence, rather than requiring explicit majority support.
The convention followed by King Juan Carlos I was to nominate the leader of the party holding a plurality of seats, not necessarily an absolute majority.
Answer: False
The convention followed by King Juan Carlos I was to nominate the leader of the party holding a plurality of seats, not necessarily an absolute majority.
The composition of the Swiss Federal Council historically adhered to the 'magic formula' to ensure proportional representation among political factions.
Answer: True
The 'magic formula' was a convention used to determine the proportional representation of major political parties within the Swiss Federal Council.
The convention of collegiality within the Swiss Federal Council requires members to publicly support collective decisions and refrain from criticizing colleagues.
Answer: False
Collegiality in the Swiss Federal Council mandates public support for collective decisions and prohibits public criticism of fellow members.
The US convention is for the President to deliver the State of the Union address in person to a joint session of Congress.
Answer: False
The US convention is for the President to deliver the State of the Union address in person to a joint session of Congress.
The US Constitution offers minimal detail on the Cabinet, making its operational structure and functions primarily governed by convention.
Answer: False
The US Constitution offers minimal detail on the Cabinet, making its operational structure and functions primarily governed by convention.
Senatorial courtesy typically requires the President to consult with the Senators of the state from which an appointment is to be made, not necessarily the entire delegation.
Answer: False
Senatorial courtesy typically requires the President to consult with the Senators of the state from which an appointment is to be made, not necessarily the entire delegation.
The Speaker of the US House of Representatives is conventionally the leader of the majority party.
Answer: False
The Speaker of the US House of Representatives is conventionally the leader of the majority party.
The convention of collegiality in Switzerland mandates that Federal Council members publicly support collective decisions and avoid criticizing colleagues.
Answer: False
The convention of collegiality in Switzerland mandates that Federal Council members publicly support collective decisions and avoid criticizing colleagues.
In the US, the convention of senatorial courtesy primarily applies to presidential appointments requiring Senate confirmation that are specific to a particular state.
Answer: False
Senatorial courtesy typically applies to appointments requiring Senate confirmation that have a direct impact on a specific state, such as judicial or ambassadorial posts within that state.
By custom, the US Speaker of the House refrains from voting on most matters but may vote to break a tie, maintaining a presiding role.
Answer: False
By custom, the US Speaker of the House refrains from voting on most matters but may vote to break a tie, maintaining a presiding role.
Under Chile's 1925 constitution, contingent elections for president conventionally selected the candidate who received the most popular votes.
Answer: False
Under Chile's 1925 constitution, contingent elections for president conventionally selected the candidate who received the most popular votes.
What convention governs the composition of the Swiss Federal Council, particularly concerning political proportionality and the 'magic formula'?
Answer: True
The convention of proportional representation, often formalized by the 'magic formula,' dictates the composition of the Swiss Federal Council.
What convention governs the delivery of the State of the Union address by the President of the United States?
Answer: True
The convention requires the US President to deliver the State of the Union address in person before a joint session of Congress.
How is the operational framework of the United States Cabinet primarily determined?
Answer: True
The operation of the US Cabinet is primarily shaped by convention due to the limited constitutional definition of its role.
What does the US convention of senatorial courtesy entail regarding presidential appointments?
Answer: True
Senatorial courtesy requires the President to consult with the relevant Senators from a state before making appointments within that state, seeking their informal approval.
What convention determines the identity of the Speaker of the US House of Representatives, and what is the customary practice regarding their vote?
Answer: True
The Speaker is conventionally the leader of the majority party, and by custom, they typically refrain from voting except to break a tie.
In Denmark, how are constitutional references to the King's political actions interpreted?
Answer: Encompassing the Prime Minister and Queen regnant, as executive power resides with the Cabinet.
Danish constitutional references to the King's political actions are interpreted to include the Prime Minister and Queen regnant, reflecting the Cabinet's executive authority.
What is the convention in France concerning a statute challenged as unconstitutional?
Answer: The President delays signing, awaiting a petition to the Constitutional Council.
In France, upon a constitutional challenge, the President conventionally delays signing the statute pending review by the Constitutional Council.
What practice do German Presidents conventionally adopt concerning their political party affiliation while in office?
Answer: They suspend their party membership to ensure impartiality.
German Presidents conventionally suspend their political party membership during their term to maintain impartiality and uphold the dignity of the office.
What does parliamentarism entail in Norway, as it has evolved since 1884?
Answer: The cabinet must maintain an absence of mistrust from Parliament.
Norwegian parliamentarism requires the cabinet to maintain the confidence of Parliament, meaning it must not face a vote of no confidence.
How did King Juan Carlos I of Spain conventionally nominate candidates for the Presidency of the Government?
Answer: He nominated the leader of the party holding a plurality of seats.
King Juan Carlos I conventionally nominated the leader of the political party commanding a plurality of seats in the Congress of Deputies for the Presidency of the Government, notwithstanding the constitution's provision allowing nomination of any individual.
The composition of the Swiss Federal Council, frequently determined by the 'magic formula,' aimed to achieve what objective?
Answer: A permanent grand coalition reflecting parliamentary proportionality.
The 'magic formula' convention aimed to create a permanent grand coalition within the Swiss Federal Council, ensuring representation proportional to parliamentary strength.
What does the Swiss convention of collegiality require of members of the Federal Council?
Answer: To publicly endorse all collective decisions and refrain from criticizing colleagues.
The Swiss convention of collegiality mandates that Federal Council members publicly support all collective decisions and avoid criticizing fellow members.
What is the convention concerning the delivery of the State of the Union address by the US President?
Answer: It is delivered in person before a joint session of Congress.
The convention dictates that the US President delivers the State of the Union address in person before a joint session of Congress.
How is the operation of the United States Cabinet primarily governed?
Answer: Primarily by convention, owing to constitutional ambiguity.
The operation of the US Cabinet is primarily governed by convention, as the Constitution provides only a vague outline of its functions.
What does the US convention of senatorial courtesy require for presidential appointments within a state?
Answer: Consent from both Senators representing that state.
The US convention of senatorial courtesy requires the President to obtain the consent of the relevant Senators from a state for appointments within that state.
What is the convention concerning Cabinet officials when a new US President takes office?
Answer: They are expected to tender their resignations unless requested to continue.
It is conventional for US Cabinet officials to resign upon a new President's assumption of office, unless specifically asked to remain in their posts, thereby facilitating a smooth transition of executive leadership.
In the US House of Representatives, what is the custom regarding the Speaker's voting?
Answer: The Speaker typically abstains from voting, except to resolve a tie.
By custom, the Speaker of the US House of Representatives typically refrains from voting, reserving the right to vote only to break a tie.
Which country's constitution references the 'King' acting politically, yet is interpreted to signify the Prime Minister due to executive power residing with the Cabinet?
Answer: Denmark
The Danish Constitution references the King acting politically, but this is interpreted to mean the Prime Minister, as executive power rests with the Cabinet.
In the 1981 Patriation Reference, the Supreme Court of Canada held that constitutional conventions could transform into law through judicial recognition of their widespread acceptance.
Answer: False
The Supreme Court of Canada stated in the Patriation Reference that conventions could only become law if codified by legislation, not merely through judicial recognition of acceptance.
The 1975 Australian constitutional crisis exemplified a situation where established constitutional conventions were disregarded by key political actors.
Answer: False
The 1975 Australian constitutional crisis is widely seen as an instance where significant constitutional conventions were not adhered to.
How did the 1975 Australian constitutional crisis exemplify the disregard for constitutional conventions?
Answer: True
The 1975 Australian constitutional crisis highlighted a departure from conventions concerning the Governor-General's actions and vice-regal neutrality.
Which historical event involving Robert Peel is cited as a precedent for the convention requiring a UK Prime Minister to command a majority in the House of Commons?
Answer: His attempt to govern without a House of Commons majority (1834-1835).
Robert Peel's unsuccessful attempt to govern without a majority in the House of Commons from 1834-1835 established a precedent for the convention requiring such support.
According to the Supreme Court of Canada in the 1981 Patriation Reference, under what conditions can a constitutional convention be considered to have become law?
Answer: Through codification by the relevant parliament or legislature.
The Supreme Court of Canada stated that conventions can only become law if they are formally codified through legislation or constitutional amendment.
The 1975 Australian constitutional crisis highlighted a disregard for which key constitutional conventions?
Answer: The Governor-General acting on the Prime Minister's advice and vice-regal neutrality.
The 1975 Australian constitutional crisis underscored a departure from conventions concerning the Governor-General's adherence to the Prime Minister's advice and the principle of vice-regal neutrality.