Posted by Chester Morton / Tuesday 5 July 2016 / No comments
The features and functions of constitutional conventions
Introduction
Conventions refer to unwritten and non-legal rules which are
observed in a state. Though they are not written rules, they are observed as if
they were. Conventions cannot be enforced in the courts of law if they are
violated. For example, in Britain, the Leader of the Majority Party in
Parliament becomes the Prime Minister and Parliament must meet at least once in
a year. These two conventions are not written rules or rules which can be
enforced by the law courts in Britain, yet they are observed as if they were
written laws.
THE ESSENTIAL FEATURES OF CONVENTIONS
A Convention is not a
law
Conventions not found in a written constitution or any
statute book or even an Act of Parliament. The term ‘constitutional convention’
should, therefore, not be misconstrued to mean that conventions are
constitutional provisions.
They are unwritten rules
Conventions are not written rules. However, they have been
observed over a long period of time to a point where they have become part of
the accepted traditions for the governance of a state. They cannot be enforced
in the law court.
A source of unwritten constitutions
They are
mainly identified with an unwritten constitution and unwritten constitutions are mainly
practiced under the British constitution. In other words, they are a major
source or feature of the unwritten constitution.
FUNCTIONS OF CONVENTIONS
Enables the government to
function smoothly
Conventions promote a smooth relationship between the
government and Parliament in a Parliamentary system of government. This is so
because the convention that the leader of the majority party in Parliament must
become the Prime Minister, or that the Prime Minister must recruit his cabinet
Ministers from the Majority party in Parliament ensures that at all times, the
Prime Minister and his Cabinet would have the support of the majority in
Parliament.
Conventions ensure
efficiency
Another function of conventions is that it ensures the
efficiency of Government. For example, there is a convention in Britain that
Parliament can pass a vote of no confidence in the Cabinet and the Cabinet must
resign as a group. As a result, the Cabinet works hard and efficiently, so that
the legislature does not pass a vote of “no confidence” in it.
Prevents government
machinery from grinding to a halt
It is true that conventions are not legally enforceable; however,
the violation of some conventions can spell doom for the country than the violation
of written constitutions. In Britain, there is a convention that parliament must
meet at least once a year. If this does not happen, the budget cannot b can be
granted government departments, taxes cannot be levied, etc and therefore
government machinery could grind to a halt.
Serves as a source for
some written constitutions
Most of the conventions under the British Constitution have found
their way into the written constitutions of other countries. For example, the
1969 constitution of Ghana provided that the leader of the majority party in
parliament must be the Prime Minister and that he must recruit his ministers
from parliament. These are conventions which the framers of the 1969
constitution borrowed from the unwritten constitution of Ghana.
Useful under a written
constitution
Conventions have been found to be useful in a written
constitution. In the American constitution, for example, there is nothing in
the constitution on the about the party
system, though it is a written constitution. Their party system is governed by
conventions.
Useful in day-to-day
operation
Conventions are very useful in the day-to-day administration
of institutions that have been established by the written constitution of a
state. This is so because, though such institutions are established by a
written constitution, the institutions may apply conventional rules in their
day-to-day operations.
