C onstitutional Conventions in Britain

Constitutional conventions are the part of unwritten British constitution. They play a key role in British constitutional law. Conventions are informal or "moral" rules of practice for government which has evolved over the years. They arise from usage, or agreement and they are observed not because the courts will enforce them, but because political expedience and respect for tradition demand their observance.

They are primarily concerned with the re­lationship between the Crown (or monarch), the executive and the legislature. British Constitution has many political conventions. For example:

• The Prime Minister alone advises the monarch on a dissolution of parliament

• The monarch grants the Royal Assent to all legislation. (Since the early 1700s. Previously monarchs could and did refuse or withhold the Royal Assent.)

• The House of Lords should not reject a budget (money bills) passed by the House of Commons.

• The monarch appoints and dismisses members of Cabinet but he exercises these powers in accordance with the Prime Minister's advice.

• The monarch abstains from attending cabinet meetings.

• Parliament must be sum­moned at least once a year, though legally it need only meet on­ce in three years (Meeting of Parliament Act 1694 - generally known as the "Triennial Act"); this convention is grounded firmly upon political expedience: for Parliament alone can grant the Government the funds it needs annually for the public administration.

Constitutional conventions are unenforceable in law as they are not written in any document having legal authority but they are obeyed for the practical reason of political convenience. Conventions are rarely ever broken. The person who breaches a convention is often heavily criticized. Political difficulties and public disfavor could result from a failure to observe a convention. Sometimes such breach can result in a constitutional crisis which could need to be resolved by legislation. For example, the convention that the House of Lords should not reject bills passed by the House of Commons dealing with taxation and public expenditure (money bills) was breached by the House of Lords in 1909. As a result the Parliament Act 1911 was passed. This allows a money bill to be presented for the Royal Assent without the approval of the House of Lords if it has not been approved by that House after one month.

The main advantage of unwritten conventions is their flexibility. They evolve gradually to adapt to changing political circumstances and values without the need of the formal procedure required under many written constitutions. But conventions also have a certain moral force and adherence to them is seen to.

NOTES:

The word CONVENTION has the following meanings:

1) собрание, съезд

constitutional convention — амер. конституционный конвент

Syn: meeting, assembly

2) соглашение, договоренность, договор, конвенция

Geneva Conventions — Женевские соглашения, the conventions for suspending hostilities — соглашение о приостановлении военных действий

Syn: contract, agreement, covenant

3) обычай, традиция, правила поведения

Syn: tradition, custom, usage

TASK 21. (a) Answer the following questions:

1. How did the conventions arise?

2. What is the difference between conventions and laws?

3. What conventions do you know?

4. What kind of relation do they regulate?

5. Why are the conventions observed?

6. What could result from a failure to observe a convention?

7. What events preceded the Parliament Act 1911?

8. What is the role of conventions as a constitutional source?

(b) Correct mistakes in the following statements:

1. Conventions are written constitutional documents.

2. They are enforceable by the court as they have constitutional meaning.

3. If a person breaks a convention, he will face severe punishment.

4. According to the law Parliament must be sum­moned at least once a year.

5. The House of Lords authorized to reject any bill passed by the House of Commons.

6. Unwritten conventions make the constitution more rigid because it is difficult to change them if they are out of date.

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TASK 22. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other reference & source books on law.