REVISION 2O19
Public Law
Trusts and Equity
European Union Law
Criminal Law
Page 1 of 61
, Conventions (Q1)
Exam prep: pros and cons of conventions, do they work in favour of the constitution?
INDIVIDUAL MINISTERIAL RESPONSIBILITY FOCUS OF EXAM
Description of conventions
Non legal source of the UK constitution
Govern relationships between branches of the state – executive, legislature and
judiciary
Definitions:
Ivor Jennings in The Law and the Constitution 1959: “they provide the flesh which
cloth the dry bones of the law; they make the legal constitution work”
o laws and conventions work in similar ways, both obeyed by those whom they
apply
Marshall and Moodie: “rules of constitutional behaviour which are considered to
be binding by and upon those who operate the constitution but which are not
enforced by the law courts (although the courts may recognise their existence”
Colin Munro: “their origins are amorphous” – seem to evolve as political
procedures
o Conventions and laws appear to be similar because they are both rules
operating in society
If conventions are broken it can often lead to a change in the law (AG v Jonathon Cape)
Individual Ministerial Responsibility
Loveland (2006): “perhaps the most important non-legal rule within or
constitution”
Page 2 of 61
, Regulates the conduct of government activities
One of the most important examples of constitutional conventions regulating the
behaviour of the executive
Ministers obligation to account to Parliament for his or her words and actions and
for those of his or her civil servants
Principle = ministers must resign in cases of official wrongdoing
Parliament cannot dismiss the minister – but may apply political pressure in the
hope that the PM will sack the minister, or the minister will resign
Expected to take responsibility for any failure in administration, any injustice to an
individual or any aspect of policy which may be criticised in parliament
Examples include:
1. Collective and individual ministerial responsibility
2. That the monarch will never withhold assessent to a Bill
3. Parliament meets every year
4. PM sits in the Commons and is ‘chosen’ by the Monarch
5. Monarch will not exercise his/her residual arbitrary power
No, they do not limit state power
Madzimbamuto v Lardner Burke: conventions, however important, can have no
legal effect to limit the legislative supremacy of parliament
David Gauke
David Liddington
James Prior 1984 = breakout of convicted terrorists at Maze Prison, Belfast.
Argued policy/ operations but did not resign
Michael Howard 1994 = prison breakouts at Parkhurst and Whitemoor prisons,
applied policy/ operations distinction and sacked Civil Servant
If the system does fail, convention may be replaced in whole by or in part by
legislation
Following the failure of H of L to give way to H of C as required by convention
and pass the Liberal Government’s 1909 Budget, Parliament Act 1911
Page 3 of 61
, (since modified by Parliament Act 1949) was created to allow legislation to
be enacted without consent of Lords
Yes, do limit state power
Issue of competence:
o Lord Carrington (foreign secretary) 1982 – resigned for failing to take due
note of warnings that Argentina was planning a Falklands invasion
Thomas Dugdale – Crichel Down Affair 1954: resigned because of departmental
maladministration which he knew nothing about
Errors of judgement:
o David Laws (2010) – resigned over expenses scandal
o Chris Huhne (2013) – resigned following plea of guilty to perverting the
course of justice
o Damian Green (2017) – sacked after porn allegations
o Amber Rudd (2018) – resigns after inadvertently misleading Parliament
over targets for removing illegal immigrants
Issues of Morality:
o David Mellor (1992) resigned over sex scandal
o Ron Davies (1998) Secretary of State for Wales, resigned for sexual
misconduct
Conventions apply to Monarch
Monarch may lawfully refuse to Assent to a Bill, convention is that she gives
Assent unless advised to do so by her Ministers
Monarch may appoint anyone as PM, convention is that she appoints as PM
the person who can command the majority of support in the House of
Commons
Monarch may lawfully appoint whomever as Minister, but convention is that
Ministers are appointed on the advice of the PM and must be members of either
H of C or H of L.
Page 4 of 61
Public Law
Trusts and Equity
European Union Law
Criminal Law
Page 1 of 61
, Conventions (Q1)
Exam prep: pros and cons of conventions, do they work in favour of the constitution?
INDIVIDUAL MINISTERIAL RESPONSIBILITY FOCUS OF EXAM
Description of conventions
Non legal source of the UK constitution
Govern relationships between branches of the state – executive, legislature and
judiciary
Definitions:
Ivor Jennings in The Law and the Constitution 1959: “they provide the flesh which
cloth the dry bones of the law; they make the legal constitution work”
o laws and conventions work in similar ways, both obeyed by those whom they
apply
Marshall and Moodie: “rules of constitutional behaviour which are considered to
be binding by and upon those who operate the constitution but which are not
enforced by the law courts (although the courts may recognise their existence”
Colin Munro: “their origins are amorphous” – seem to evolve as political
procedures
o Conventions and laws appear to be similar because they are both rules
operating in society
If conventions are broken it can often lead to a change in the law (AG v Jonathon Cape)
Individual Ministerial Responsibility
Loveland (2006): “perhaps the most important non-legal rule within or
constitution”
Page 2 of 61
, Regulates the conduct of government activities
One of the most important examples of constitutional conventions regulating the
behaviour of the executive
Ministers obligation to account to Parliament for his or her words and actions and
for those of his or her civil servants
Principle = ministers must resign in cases of official wrongdoing
Parliament cannot dismiss the minister – but may apply political pressure in the
hope that the PM will sack the minister, or the minister will resign
Expected to take responsibility for any failure in administration, any injustice to an
individual or any aspect of policy which may be criticised in parliament
Examples include:
1. Collective and individual ministerial responsibility
2. That the monarch will never withhold assessent to a Bill
3. Parliament meets every year
4. PM sits in the Commons and is ‘chosen’ by the Monarch
5. Monarch will not exercise his/her residual arbitrary power
No, they do not limit state power
Madzimbamuto v Lardner Burke: conventions, however important, can have no
legal effect to limit the legislative supremacy of parliament
David Gauke
David Liddington
James Prior 1984 = breakout of convicted terrorists at Maze Prison, Belfast.
Argued policy/ operations but did not resign
Michael Howard 1994 = prison breakouts at Parkhurst and Whitemoor prisons,
applied policy/ operations distinction and sacked Civil Servant
If the system does fail, convention may be replaced in whole by or in part by
legislation
Following the failure of H of L to give way to H of C as required by convention
and pass the Liberal Government’s 1909 Budget, Parliament Act 1911
Page 3 of 61
, (since modified by Parliament Act 1949) was created to allow legislation to
be enacted without consent of Lords
Yes, do limit state power
Issue of competence:
o Lord Carrington (foreign secretary) 1982 – resigned for failing to take due
note of warnings that Argentina was planning a Falklands invasion
Thomas Dugdale – Crichel Down Affair 1954: resigned because of departmental
maladministration which he knew nothing about
Errors of judgement:
o David Laws (2010) – resigned over expenses scandal
o Chris Huhne (2013) – resigned following plea of guilty to perverting the
course of justice
o Damian Green (2017) – sacked after porn allegations
o Amber Rudd (2018) – resigns after inadvertently misleading Parliament
over targets for removing illegal immigrants
Issues of Morality:
o David Mellor (1992) resigned over sex scandal
o Ron Davies (1998) Secretary of State for Wales, resigned for sexual
misconduct
Conventions apply to Monarch
Monarch may lawfully refuse to Assent to a Bill, convention is that she gives
Assent unless advised to do so by her Ministers
Monarch may appoint anyone as PM, convention is that she appoints as PM
the person who can command the majority of support in the House of
Commons
Monarch may lawfully appoint whomever as Minister, but convention is that
Ministers are appointed on the advice of the PM and must be members of either
H of C or H of L.
Page 4 of 61
