Public Law: Constitutional conventions

Public Law: Constitutional conventions Custom Essay

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Public Law: Constitutional conventions

In order to assess the difference between constitutional conventions and different legal rules it is necessary to consider each on its objective and whether they have achieved what they have set out to do.

A constitutional convention can have a wide variety of meanings however in the legal context its fundamental purpose is determined to form a body of rules in order to organise a system of governance in a state. It therefore establishes bodies and institutions, which form a part of a systematic organ and provides for powers to be exercised. One of the biggest factors of constitutional conventions is that they are non-legal rules which contain underlying enforcing principles and are concerned with the relationship between the government and the individual. There are many examples of constitutional conventions one of which is the United States of America in which they preserve fundamental rules but also comprise the regulatory methods on how the presidential office and how congress is formed.

Contrasting this with the UK where there is not one single set of rules that ordain the method of electing the prime minister and passing laws as there are various conventions which have evolved through history which are given effect such as the monarchy granting royal assent to legislation. These are not enforcing rules however are very unlikely to be departed from as they have formed a part of custom in history and would require good reason to abscond from such rules.

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