Constitutional Conventions and Democratic Legitimacy in the UK, Schemes and Mind Maps of Public Law

table of examples with factors to consider

Typology: Schemes and Mind Maps

2021/2022

Uploaded on 04/12/2023

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Branch Appendix Name Content/ circumstances of application Example Constitutional
principle promoted
legislature The
monarch
- Royal assent
- Monarch acts on pm advice
1708-
queen Anne
Democratic legitimacy
Executive,
legislature
Parliament,
gov and
pm
Young
convention
- Deployment of armed forces
- P involved yet not specified (p consulted debate on
whether the prerogative should be exercised/ sanction
the exercise of power, or p only discus the prerogative
after it has been exercised.) – no linear development of
this rule ambiguity
Iraq
Syria
Political accountability
Legislature House of
lords
Salisbury
Addison
convention
- Only applies to manifesto bills (pre-election promise of
gov- gov have. The mandate to perform these)
- Lords cannot amend (no ping pong) no wrecking
amendments (ones which subvert the leg)
Same sex
marriage
bill-
marriage
equality
Democratic
Legislature HOL and
HOC
Ponsonby
Rule - has
statutory
footing
- P involvement of scrutiny of gov treaties- 21 days to
ratify
accountability
- Appointment of PM
- Act on advice of ministers
- Advise monarch to dissolve p and draw election if loss
of confidence is passed
- Ministerial responsibility (collective and individual)
Sewel
convention
-
Few apply to judicial branch- focusses on political branches of the state

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Branch Appendix Name Content/ circumstances of application Example Constitutional principle promoted legislature The monarch

  • Royal assent
  • Monarch acts on pm advice

queen Anne Democratic legitimacy Executive, legislature Parliament, gov and pm Young convention

  • Deployment of armed forces
  • P involved yet not specified (p consulted debate on whether the prerogative should be exercised/ sanction the exercise of power, or p only discus the prerogative after it has been exercised.) – no linear development of this rule ambiguity Iraq Syria Political accountability Legislature House of lords Salisbury Addison convention
  • Only applies to manifesto bills (pre-election promise of gov- gov have. The mandate to perform these)
  • Lords cannot amend (no ping pong) no wrecking amendments (ones which subvert the leg) Same sex marriage bill- marriage equality Democratic Legislature HOL and HOC Ponsonby Rule - has statutory footing
  • P involvement of scrutiny of gov treaties- 21 days to ratify accountability
  • Appointment of PM
  • Act on advice of ministers
  • Advise monarch to dissolve p and draw election if loss of confidence is passed
  • Ministerial responsibility (collective and individual) Sewel convention

Few apply to judicial branch- focusses on political branches of the state