Difference between Law and Conventions.
Difference between Law and Conventions.
Distinction between Laws and the Conventions of the Constitution .
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Difference between Law and Conventions.
There is a difference in theory between law and constitutional conventions. In general, law is a set of rules and regulations that are specifically written and codified. They are recognized and enforceable by the courts. But constitutional conventions are not enforceable and acceptable by the courts. They help in implementing the law in practice. The difference between law and constitutional conventions is as follows:-
1. Difference in origin:-
Laws are made by the legislature on the basis of discussion. But constitutional conventions are not made like this - they develop gradually through the evolution of society. The main source of constitutional conventions is society, prevailing customs and rules. But the only source of law is the legislature.
2. Difference in nature:-
Laws are written, so they are clear and specific. But constitutional conventions are vague and indefinite. The interpretation of constitutional conventions can be different and their meaning can also be different. But the laws are interpreted only by the courts. Moreover, there is no doubt about the meaning and nature of the law.
3. Difference in terms of flexibility: -
Society is changing. With the change of society, the constitutional norms or conventions also change. No special policy or method is adopted in changing them. But the laws can be changed only in the legislature. The laws are changed based on the support of the majority. In many cases, laws are changed and enacted very quickly depending on special circumstances.
4. Difference in terms of acceptance by the court: -
Laws are always accepted by the court. The court adopts the law and applies it. If any person or institution violates the law, the court can impose punishment against him. But the conventions are not enforceable, and recognized by the court. Therefore, if any person or institution violates the constitutional norms or conventions, he cannot be accused. In case of conflict between the law and the conventions, the law is always accepted in the court.
5. Difference in the question of status:-
There is a difference in the status between law and conventions. Since law is acceptable and enforceable by the court, the status of law is much more prestigious than conventions. If the law is violated, the court can provide punishment for the violator; but in case of violation of conventions, no punishment can be given to the violator. Therefore, the status of constitutional norms is much lower than that of law.
6. According to Jennings:-
Laws can be introduced, changed as needed and laws can be introduced very quickly on the basis of emergency. Laws can be made on the basis of need in a well-planned manner. But in the case of constitutional norms, they cannot be created arbitrarily. They are developed in a gradual process over a long period of time. Laws can be arranged in a concise form; but conventions cannot be arranged in this way.
Finally, it can be said that, at present there is not considered to be such an important difference between law and conventions. Although there is a difference between these two issues for legal experts, there is no such difference in the management of ordinary people and general administration.
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