Why are Conventions Obeyed in Britain ?
Why are Conventions Obeyed in Britain ?
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Why are constitutional conventions obeyed?
Constitutional conventions are not laws and are not enforceable by the courts. No person or institution can be accused of violating constitutional conventions. But despite this, constitutional conventions are strictly obeyed. Earlier, Dicey had expressed the opinion that they are obeyed to avoid conflicts between different institutions of the constitution. But Dicey's opinion has been severely criticized by political scientists. The reasons for obeying constitutional conventions in Britain are -
1. Pressure of public opinion: -
The main reason for obeying constitutional conventions in Britain is the pressure of public opinion. All these conventions have been developed in the British system of government for a long time and the support of the British people is always there behind them. If any established constitutional convention is violated, the people will not approve it. The cabinet, the ruling party - all are obliged to obey the constitutional conventions of Britain.
2. For the existence of the cabinet system, it is necessary to follow the constitutional norms: -
The purpose of most constitutional norms is to establish the majority dominance of the House of Commons and to control the governance in favor of the interests and wishes of the majority of citizens reflected in the House of Commons. The British system of government was established on the basis of this ideal. If the constitutional norms are ignored, the entire British cabinet system of government will be in danger.
3. Lowell's opinion: -
The ruling class of Britain is guided by the idea that they have obtained government power on the basis of some unwritten understanding as the trustees of the country and the nation. Therefore, they are particularly careful to follow all these norms.
4. The possibility of constitutional norms becoming law: -
If the constitutional norms are ignored, it becomes mandatory to follow them due to the fear that they will become law. For example, the House of Lords ignored the constitutional norms in 1909 and rejected the revenue bill approved by the House of Commons. As a result, the power of the House of Lords was reduced and a law was enacted in Parliament in 1911. Through this law, the power of the House of Lords regarding the money bill was almost taken away.
5. Political and psychological importance: -
According to Jennings, constitutional norms are followed for political reasons. If the norms are not followed, it cannot be enforced through the courts; but there is a risk of widespread reactions in the political field.
6. Conservatism of the British: -
The British are known as conservatives. They are very respectful of tradition. The conventions of Britain are considered as the bearers of the constitutional tradition.
7. In maintaining the continuity of the constitution: -
If we review the history of the constitution of Great Britain, it is seen that the constitutional norms connect the past with the present and the present with the future of the governance and thus maintain the continuity of the system of governance. As a result, the continuity of the constitution is maintained.
8. In maintaining balance in government work:-
In the constitutional system of Great Britain, constitutional norms play a particularly helpful role in maintaining balance in the government system. If these norms are ignored, the British government system will suffer from imbalance and as a result, there is a danger of the British government structure becoming immobile and collapsing.
9. Constitutional norms make the constitution flexible and dynamic:-
In the governance system of Great Britain, constitutional norms keep the government machinery dynamic by removing the defects and limitations of the law.
10. Public support:-
Various constitutional norms have been prevalent in the governance system of Great Britain for a long time. They are closely linked with the political life of the countrymen. The common people do not show interest in any formal difference between law and norms. Constitutional norms are more popular because they are easy to understand.
11. Freeman's opinion:-
The importance of constitutional norms cannot be denied, so they are respected. The usefulness of constitutional norms in British public life is undeniable. The realization of this practical usefulness motivates adherence to norms.
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