federal constitution

2. • One of the prominent characteristic of UK
constitution is the role played by convention.
These rules sometimes known as constitutional
morality , create powers and impose obligations
which are not legally enforceable but which are
regarded as binding.
• It is improper to violate a convection though it is
not illegal

3.  Sir Ivor Jennings
 Constitutional convention provide the “flesh which
clothes the dry bones of the law.”
 Some are well established like the law
 Eg convention requiring crown assent before the
law is passed

4.  Prin of collective responsibility also come from
conventions
 According to Supreme court the purpose of
convention is to ensure that the legal framework of
the constitution will be operated in accordance
with the prevailing constitutional values or
principles eg responsible govt

5.  If a convention has been observed and accepted
as binding over a long period of time it is hard to
dispute its existence.
 A convention arises only when its contents is
accepted as a binding rule by the institution
affected i.e. by the monarch and members of
cabinet and government.

6. • This point is fundamental . Conventions must be
distinguished from mere practice or usages which are
only adopted out of habit .
• Convention which does not fit contemporary attitudes
is unlikely acceptable to be accepted as a binding
standard.
• Like other legal rules, the terms of constitution may
survive in force even when they no longer enjoy public
support
• Whereas a convention which did not gather public
support can no longer be regarded as part of the
constitution .

7. • One point is that convention is frequently vague.
• The weakness of these conventions is that they
are not enforceable.
• Eg the prin of collective responsibility

8. Parliament had increased importance, especially for taxation
Charles I tried to raise taxation without Parliament e.g. Ship Money.
This attempt to rule without summoning parliament failed and led to
national bankruptcy
Imposition of new tax book in Scotland sparked rebellion and he
eventually had to summon Parliament for the funds to raise an army.
When Parliament refused he attempted to arrest 5 members during a
sitting of the House of Commons.
Kings rep called into question but he confronted Parliament rather than
being prepared to negotiate.
Charles I executed in 1649.
Oliver Cromwell MP becomes Lord Protector.

9. The result of this clash is that Parliament has the right to
regulate its own proceedings. The Speaker symbolically
claims these privileges from the monarch at each opening
of Parliament.
1660 restoration of monarchy under Charles II
James II once again attempted to undermine the authority
of Parliament with disastrous consequences.

10.  William III and Mary II were offered the throne in 1689 but with strict
conditions attached:
 No army could be raised without parliamentary approval;
 Taxation required parliamentary approval;
 no special courts for political ends;
 freedom of speech guaranteed;
 free elections and annual parliaments;
 freedom of speech inside Parliament;

11. The British Constitution is not a written constitution.
The Constitution evolved over time and this evolution
begin with qualifying the absolute power of the King.
Magna Carta 1215 imposed limitations on Royal power.
Bill of Rights 1689 laid out basic rights but mainly
recognised the shift of power from the King to
Parliament. No taxation, army etc. without Parliament
approval.
Great Reform Act 1832 important step in redistribution
of seats and the grant of the right to vote.

12. If we wanted to describe the UK constitution, it would
consist of a range of different sources.
Statute law: some are of central significance, see below
Common law e.g. Entick v Carrington [1765]
European Union law since 1973 –eg European
Convention on Human Rights since HRA 1998 in force
since October 2000.
Law and custom of Parliament, which regulates itself
but is outside the jurisdiction of the courts
Royal Prerogative powers of the monarch, now normally
exercised by ministers

13. • Entick v Carrington (1795) 95 ER 807
• Facts:
• Defendants claimed authority under a warrant from the Secretary of State; broke
into the plaintiff’s house and took some papers. Pf sued in trespass.
• Issue(s):
• Does any invasion of property constitute trespass?
• Summary
• Any invasion of property is actionable in trespass unless there is a law excusing
the invasion. No need to show damages.
• Every invasion of property is trespass. If a person admits to the invasion, he
must justify it with a law that excuses him. If no law can be found, Pf’s action is
successful.

14.  Bill of Rights 1689 - limited powers of monarchy
 Reform Acts of 1832/1918 right to vote
 Parliament Act 1911 restricted powers of House of
Lords
 Statute of Westminster 1931
 European Communities Act 1972 (incorporated
Treaty of Rome i.e. EEC membership)
 Devolution legislation e.g. Scotland Act 1998
 Human Rights Act 1998 incorporated ECHR

15. • Background to devolution
• In September 1997, referendums were held in
Scotland and Wales, and a majority of voters
chose to establish a Scottish Parliament and a
National Assembly for Wales. In Northern Ireland,
devolution was a key part of the Agreement,
sometimes referred to as the Good Friday
Agreement or the Belfast Agreement, supported by
voters in a referendum in May 1998.

16.  Following this public endorsement, Parliament
passed 3 devolution Acts: the Scotland Act 1998;
the Northern Ireland Act 1998; and the
Government of Wales Act 1998 (now as
Government of Wales Act 2006). These acts
established the 3 devolved legislatures, which
were given some power previously held at
Westminster.

17.  Parliament remains sovereign, and retains the
power to amend the devolution Acts or to legislate
on anything that has been devolved. Given that,
the government has made clear it will not normally
legislate on a devolved matter without the consent
of the devolved legislature, which requires a
Legislative Consent Motion.

18. Conventions according to Dicey are:
customary rules which determine how the discretionary powers
of the state were exercised:
‘…the “conventions of the constitution”, consists of maxims or
practices which, though they regulate the ordinary conduct of
the Crown, of ministers, and of other persons under the
constitution, are not in strictness laws at all’, in particular,
conventions unlike laws are not enforceable in the courts.

19.  Heavy reliance on constitutional conventions, these are
established rules of constitutional practice that
determine conduct of the Queen, PM, ministers, civil
servants and Parliament.
 Constitutional monarchy - the powers of the King or
Queen have been qualified since Magna Carta.
 Common law is a constitutional source. Judges
especially of the highest courts play a crucial role
interpreting and applying the law, but there is no
constitutional court.

20.  EU law an important new source of law and increasingly influential;
 Human Rights Act 1998 effectively incorporates European
Convention on Human Rights into domestic law as a surrogate
British Bill of Rights;
 Devolution of power to Scotland, Wales and Northern Ireland with
their own parliament or assembly;
 Higher judicial profile and greater separation of powers with the
introduction of a Supreme Court to replace the House of Lords.
 Freedom of Information Act and general trend towards codification.

21.  If we decide not to codify the entirety of
constitutional conventions, another option would
be to codify a small selection: certain conventions
that affect the public could be codified and those
otherwise, should not. Eg main constitutional
conventions that affect the federal Government.

22. • The Southern states refused to approve
the Constitution unless slavery continued.
• It was a terrible compromise to make, but
the Northern states had no choice if they
wanted a Constitution.
• Congress cannot ban the slave trade until
1808.

24. EXAMPLES OF NORM VIOLATIONS (CONVENTION)EXAMPLES OF NORM VIOLATIONS (CONVENTION)
PUBLIC BEHAVIOR
WALK ON THE WRONG SIDE OF THE SIDEWALK
HAVE A ANIMATED CONVERSATION WITH YOURSELF
IN PUBLIC
LOOK UP ALL THE TIME
SAY HELLO TO EVERYONE
WHEN PEOPLE ASK YOU HOW YOU ARE DOING, TELL
THEM ABOUT YOUR WHOLE DAY

25.  WEAR YOUR CLOTHES BACKWARDS
 DON’T TAKE YOUR HAT, COAT, & GLOVES OFF, EVEN INSIDE.
 VIOLATE PEOPLES PERSONAL SPACE
 WHISPER TO WHEN YOU TALK
 YELL WHEN YOU TALK
 ASK STRANGERS IF YOU CAN CUT IN LINE. IF THEY ASK WHY
YOU NEED TO, THEN SAY YOU DON’T REALLY FEEL LIKE
WAITING FOR VERY LONG.
 AT YOUR PARENTS HOME ASK FOR PERMISSION TO DO
EVERYTHING (GET A DRINK, USE THE BATHROOM, WATCH
TV, ETC)

26.  BATHROOMS
 DON’T FLUSH WHEN YOU ARE DONE
 TALK TO OTHERS WHILE THEY ARE BUSY
 TALK TO SOMEONE IN ANOTHER STALL
 ASK FOR THEIR TOILET PAPER


27.  ELEVATORS
 TALK TO STRANGERS
 FACE THE BACK OF THE ELEVATOR
 PUSH THE BUTTONS FOR FLOORS YOU ARE
NOT GOING TO

28.  NEVER GET OFF
 SAY YOU WILL "WAIT FOR THE NEXT ONE"
WHEN ONLY ONE PERSON IS ON IT
 GO ELEVATOR SURFING
 STAND RIGHT BY SOMEONE EVEN WHEN
YOU ARE THE ONLY 2 PEOPLE IN THE
ELEVATOR


29.  CLASSROOM
 SIT IN OTHER PEOPLE’S CHAIRS EVERY
DAY
 TALK AND THEN RAISE YOUR HAND
 SIT ON THE FRONT ROW AND PICK YOUR
NOSE
 NEVER BRING A BOOK, PENCIL, OR PAPER
 READ A NOVEL DURING CLASS

30.  DINNING
 EAT SOUP WITH A FORK
 EAT DESERT FIRST
 EAT STEAK WITH A KNIFE AND SPOON
 EAT WITH YOUR HANDS
 EAT OFF OTHER PEOPLE’S PLATES
 USE OVERLY FORMAL EATING ETIQUETTE WHEN
EATING WITH FRIENDS OR FAMILY

31.  BE RUDE TO THE WAITER AND THEN APOLOGIZE AND
THEN BE RUDE AGAIN
 BRING YOUR OWN CHEESE AND ASK THEM TO PUT IT
ON YOUR HAMBURGER.
 WALK THROUGH THE DRIVE THROUGH
 DRIVE BACKWARDS THROUGH THE DRIVE THROUGH
 ORDER FOOD THAT IS NOT ON THE MENU
 ASK FOR SUBSTITUTIONS EVEN WHEN IT SAYS "NO
SUBSTITUTIONS"
