Constitutional Conventions



Constitutional Conventions

Among the multitude of existing conventional standards throughout society, constitutional conventions are most relevant for this area object of the same and the quality of the individuals who create and who are addressed. Constitutional conventions, standards autonomous which are flexible are based in the covenant. They are a form of political regulation inevitable in any State, because the legal-and specifically the Constitution always have gaps as political practice needs rules to adapt to the constant changing demands of political development. Before considering any aspect of the convention, it is necessary to first point about the different terminology used by different authors. Sir William Anson used designations generic "custom"; Austin referred to "positive morality Constitution, Freeman opted for a broad definition, “A system compressive political morality, a complete code of precepts that serve guide public man.” Finally, Dicey preferred the term "convention” which was adopted in later British doctrine. These constitutional conventions are for the smooth functioning of the policymaking process. The different types of constitutional conventions are because of the fact that they have not been substantiated in laws, found in works by constitutional lawyers and constitutional theorists like AV Dicey or Ivor Jennings and determine. Constitutional conventions have been described by Sir Ivor Jennings as “the flesh that clothe the dry bones of the law.”

In the United States, among the various terms used for the constitutional convention, are most often applied as 'usage', within which you can encompass both constitutional conventions (a concept which in that country to designate reserves constituent assemblies) and other uses (Jennings, 1963). The continental authors in recent years seem to impose the use of the term "constitutional convention." In Britain constitutional conventions are among the sources of constitutional law, so do almost all recorded Authors of the classics, as Dicey (2) and Boutmy (3), Losmas. Recently, as Wade and Phillips (4) or as Smith (5), although the models classification vary from one to another, they are unable to stop the most current highlighting of the important role that it has acquired the written law, above from other sources, not only regarding its primacy formal, always had held, but by the high number of them. A classic definition of convention is offered by Freeman (26), in she appreciated all the notes with which usually characterizes conventions, and it is worth highlighting two aspects: one, the linked to of conventions to political morality, becoming "a guide for public men, "and another, the consecration of the conventions as standards comparable to those in the great political texts britannic.

The constitutional responsibilities of ministers not exempt holders of other expenses to comply with the law. Rather, it is intended to allow Parliament to concentrate responsibility in the conduct of the government members who assume a ministerial office and are ultimately accountable to Parliament and, indirectly, to the electorate for their actions and those of their subordinates. Constitutional responsibility of Ministers to Parliament can ensure that power is exercised responsibly throughout the government (Russell, ...