The role, importance and utility of conventions in the British constitutional system.
The role, importance and utility of conventions in the British constitutional system.
The role of conventions in the British constitutional system.
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Importance and utility of British constitutional conventions :-
Introduction :- The role of constitutional conventions is very important in the British constitutional system. Without constitutional conventions, the foundation of the British parliamentary system would have collapsed. Although they are not admissible in the courts like law, but still, constitutional conventions are still very important in the smooth functioning of the British constitutional system. The role and utility of constitutional conventions in the British constitutional system are as follows -
1. Filling the gaps and weaknesses of the law: -
The scope of law is very limited in all matters in the management of the constitutional functions of the state. Constitutional conventions fill these weaknesses of the law. They make the dry structure of the law effective and ensure the practical application of the law by maintaining harmony with the changing situation. In fact, constitutional conventions help in the smooth functioning of the government.
2. Provision of the usefulness of the constitution:-
Constitutional norms make the constitutional framework suitable for the times. Therefore, constitutional norms can easily meet the constitutional needs. Constitutional laws are written and specific. In this case, constitutional conventions adapt to the changing situation and make it suitable for the times without breaking the constitutional framework.
3. Cooperation in government work:-
Mutual cooperation between different departments of the government is necessary for the smooth running of the government responsibilities and duties. Constitutional conventions help in establishing cooperation between government departments. On the basis of constitutional conventions, the cabinet coordinates the objectives of the British Parliament and various administrative departments. Again, the rules and regulations related to the functioning of the parliament developed on the basis of constitutional norms create cooperation between the government and the opposition for the welfare of the people.
4. Giving importance to public opinion:-
Constitutional conventions connect and harmonize the will of the people with the government authority. In this way, the will of the people becomes a reality. In Britain, the will of the people is reflected in the House of Commons. By establishing the supremacy of the Cabinet in the House of Commons, constitutional norms ensure the supremacy of the public will.
5. The main driving force of the constitution: -
According to Jennings, the main driving force of the constitution of Great Britain is the constitutional conventions of Britain. With the help of these norms, the application of the rules related to the law is determined. For this reason, knowledge of constitutional conventions is necessary to administer the law properly.
6. Maintaining the flexibility of the constitution: -
The constitution is written in the context of contemporary socio-cultural and economic-social conditions. But time and society are not static. They are changing. It is not possible to prepare laws in the constitution by observing future problems. It is not possible for the constitution to address changing political and social problems. Therefore, it is possible to maintain the flexibility of the constitution by applying constitutional conventions.
7. Herman's opinion: -
Herman Finer explains in his book Governments of Great European Powers that the British system of government has transformed from a monarchy to a parliamentary democracy from the seventeenth century to the twentieth century. This transformation has been achieved through constitutional conventions.
8. A. V. Dicey's opinion: -
Professor Dicey, while discussing the importance of conventions in his book An Introduction to the Law of the Constitution, says that constitutional norms are formed by a combination of conventional behavior, habits, etc. These norms control the activities of those exercising sovereign power. They form the framework of constitutional morality.
Finally, it can be said that the British system of government is founded on two main pillars - one is the exercise of power by the king or queen and the other is the mutual cooperation between the cabinet and parliament. The role of constitutional conventions cannot be denied in both these cases. According to Jennings, constitutional conventions maintain the continuity of governance by reconciling social needs and political ideals.
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