Scribd
Upload
36 views18 pages

Conventions, King, Crown

The document discusses the various conventions and powers of the British monarchy and constitution, including conventions related to cabinets, parliaments, and dominions. It outlines the distinction between the King and the Crown as an institution, and describes the succession, executive, legislative, judicial, religious, and honorary powers of the Crown.

Uploaded by

Aashna Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
36 views18 pages

Conventions, King, Crown

The document discusses the various conventions and powers of the British monarchy and constitution, including conventions related to cabinets, parliaments, and dominions. It outlines the distinction between the King and the Crown as an institution, and describes the succession, executive, legislative, judicial, religious, and honorary powers of the Crown.

Uploaded by

Aashna Jain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

St.

Xavier’s College, Jaipur

S3: Selected Political System

DR. GAURIKA CHUGH


ASSISTANT PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE

8.9.2021
Conventions of the Constitution: Meaning &
Significance
• Rules, understandings, precedents, customs and traditions that have
been recognised by the British society as sacred laws of the
Constitution.
• Unwritten rules of conduct or political morality.
• Result of long historical growth.
• JS Mill has called them “unwritten maxims of the Constitution”.
Conventions v. Laws of the Constitution
• Conventions are the principles and rules that have never been enacted
by the Parliament.
• They have grown over a period of time.
• They do not appear in statue books.
• Laws are historic documents and Parliament statues such as the
Magna Carta, the Petition of Rights, and the Bill of Rights, The Habeas
Corpus Act, the Act of Settlement (1701).
Kinds of Conventions
Conventions relating to Cabinet
• Decline of the powers of the King and growth of the Cabinet.
• Cabinet is the product of conventions.
Conventions relating to Parliament
• Relation between the two houses – the House of Commons and the
House of Lords.
• Mandate Convention: Govt will not initiate legislation of a
controversial nature without specific mandate from the electorate.
Conventions related to Dominions
• It governs the relations of Britain with other dominions.
• Every dominion is to be regarded as an independent country, both in
internal as well as external affairs, though nominal allegiance to the
Queen is essential.
• Any alteration in law touching the succession to the throne must
require the assent of Parliaments of the dominion.
• Rules for making treaties by any Dominions are still matters of
conventions as embodied in the reports of the Imperial Conference of
1923, 1926 and 1930.
Sanctions behind Conventions: Who gives them
the power and authority when they are unwritten?
Dicey’s View
• Conventions are observed since their violation will ultimately lead to
the breach of law.
• Eg: Parliament must meet at least once a year. Non adherence to this
convention will lead to the total collapse of govt. machinery, Army Act
would expire and the Govt, would lose all disciplinary authority over
the troops.
Lowell’s View
• Lowell held that conventions are supported by something more than
the realisation that their violation will lead to the violation of some law.
• “Conventions are observed because they are code of honour”.
• They were the rules of the game, and the single class in the community
which has hitherto had the conduct of English public life almost
entirely in its own hands, is the very class that is peculiarly sensitive to
obligation of this kind.
Dr. Jennings’ View
• The real obedience to law or conventions, which are of equal value, is
based upon general public opinion and not upon force.
• Govt is a cooperative function and law alone cannot provide for
common action.
Utility of Conventions
• They have a practical utility in the politics of England.
• Helped English unitary govt to operate democratically.
• Enabled the treasury and opposition to work together for the national
welfare, and democratically revolutionised the judicial system of the
country by making only law-lords to act as the highest Court of Appeal
for judicial purposes.
System of Government – The Crown

• Development of the British Constitution has been marked by a steady


transfer of power from the King as a person to the Crown as an
institution.
• Crown governs England and all the official acts are taken by the Crown
on the advice of the Prime Minister, who is controlled by the House of
Commons.
• In the earlier times, all the powers rested in the person who wore the
Crown but gradually, these powers have been steadily transferred to the
Kingly institution – the Crown.
• Munro called the Crown, “an artificial and juristic person” who is
neither born nor ever dies.
Distinction between King and the Crown
• King is a person, whereas the Crown is an institution.
• King is mortal, but the Crown is immortal.
• King is only a part of the Crown; besides the King, the ministers and
the Parliament also form parts of the Crown.
• King is only a person using the powers of the Crown.
All the powers of the State reside in the Crown. The Crown is the
assemblage of sovereign powers.
Succession to the Throne
• Regulated by the Act of Settlement, 1701.
• Principle of heredity is followed which is determined by the rule of
primogeniture i.e. elder in line was preferred and male instead of
female was preferred.
• Succession is followed up by a coronation that has no legal
significance.
• If the heir is minor then a regency is established. It is also established
on the incapacity or infirmity of mind or body of the monarch to
exercise his/her duties.
Powers of the Crown
• Prerogative: Originally the powers of the Crown were “prerogatives”
that were inherent in the person of the King and not conferred to him
by action of Parliament.
• It denotes the powers possessed without having been granted or
conferred – powers acquired by prescription, confirmed by usage and
accepted or tolerated.
• Statue: They were derived from the acts of the Parliament.

20.9.21
Different kinds of Powers –
Executive Powers
• Crown is the executive.
• It appoints all high executive and administrative officers, judges, bishops, and the
officers of the army, navy and air force; directs the work of administration;
enforcement of all national laws, holds supreme command over the armed
establishments, conducts the country’s foreign relations, deals with the colonies and
dominions and wields the power of pardon and reprieve.
• It can even declare war or peace; conclude a treaty without consulting Parliament.
• However, all these powers of the Crown are exercised by the ministers, or the Cabinet.
They are the real wielders of the authority.
• Even the higher officers of the royal household are appointed with the approval of the
ministry.
• King is only a titular head and a symbol of final authority.
Legislative Powers
• King acts in conjunction with the House of Lords and the House of
Commons.
• King summons and prorogues the sessions of the British Parliament,
dissolves the House of Commons, assents the bill and issues Orders-in-
council.
• No bill can become a law without the assent of the King. Once a bill is
passed by the Parliament, King cannot exercise the right to veto.
• All the powers are exercised on the advice of the Cabinet.
Judicial Powers
• King appoints the Judges.
• All issues which come before the Judicial Committee of the Privy
Council are decided by the Crown.
• All justice in England is rendered in the name of the King.
• In theory, the King exercises the power of mercy and pardon but in
practice, this is done by the Judicial Committee of the Privy Council.
Head of the Church
• Archbishops, bishops, and other ecclesiastical officers are appointed by
the Crown.
• Appointments are made on the advice of the ministers.
Fountain of Honour
• Every year a list of peerage and other honours like knighthood is
prepared by the PM in consultation with the cabinet.
• PM may add or remove a name on King’s request.
• However, it is not obligatory for PM to act on the likes and dislikes of
the King.

You might also like