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Constitutional conventions are听rules of good political听behaviour. They听are typically rules of self-restraint;听not exercising powers to the full. They听usually develop from established constitutional practice,听but sometimes听are听deliberately created.听To count as a convention, they must be generally听accepted to be binding.听In the UK鈥檚 constitutional arrangement, one well-known听convention听is that the prime minister is expected to resign where it is clear that he or she does not command the confidence of the House of Commons and an alternative government does.听
The fact that such rules are non-legal 鈥� and so legally unenforceable 鈥� does not mean that they lack enforcers听or sanctions,听though these will be political, not legal, in nature. Nor does this mean they are unimportant, compared to legal rules: on the contrary, conventions play a key role in the British听constitution and in other constitutions as well.听They ensure that the constitution operates听in accordance with prevailing constitutional values; existing conventions may evolve, and new ones emerge, in line with听changing practice and changing attitudes. In this way, significant constitutional change can occur, over time, without any fundamental change in the law.听
Constitutional conventions are at work across all branches of government: legislative, judicial听and executive.听Each embodies a principle of responsible government听or听self-restraint: not exercising legal powers to the full,听not abusing public power and respecting the constitutional role and functions of the other branches of government.听Here are听examples of听some of听the main constitutional conventions:听
- The King appoints as prime minister that person who is most likely to be able to command the confidence of the House of Commons.
- The Westminster parliament will not normally legislate on devolved matters, save with the consent of the devolved legislature (the Sewel convention).
- The House of Lords will听听to any government bill听(the Salisbury convention).
- The House of Lords will .
- Ministers are bound by collective responsibility to support government policy, even if they privately disagree.
- Judges will not criticise government policy听and ministers will not criticise judges听for their individual decisions.
These are just a few of the main conventions. The听听sets out the main constitutional conventions听and the听听the standards of conduct expected of ministers. 听lists 40 parliamentary conventions and听the听听contains听detailed听rules听to ensure that judges do not undermine public听confidence in the judiciary.听Conventions have increasingly been codified听in official guidance of this kind and听a few conventions have听even听been codified in statute.听For example, the Lord Chancellor is now under a听听to uphold judicial independence and听the Sewel convention was enshrined in the听听(补濒迟丑辞耻驳丑,听颈苍听迟丑别听听case, the Supreme Court held听the听Sewel听convention听was still not legally enforceable).听
Political conventions are inherently flexible听and do not always have close or singular definitions.听Three of those listed above contain the word 'normally'.听Sharpe鈥檚 list of 40听parliamentary听conventions mentions听six听which听are now questioned.听As one example,听since the 2003 invasion of Iraq听there听听that听the government would not commit troops overseas without a prior debate and vote in parliament. That听was听听when in April 2018 Prime Minister Theresa May authorised airstrikes on听Syria.听So some conventions are firmer and clearer than听others; all conventions can evolve and听when conventions are stress tested听at times of political or constitutional crisis, they can evolve quite rapidly.
