Chapter 12 Self-test questions

The royal prerogative and the common law confer great power on the executive, but constitutional conventions seek to regulate and _____ that use of that power.

Jennings disagreed with Dicey's definition of legal rules versus constitutional conventions.

True

False

Which three criteria when taken together assist us in knowing whether a constitutional convention exists?

Are there any precedents for the practice?

Do those who acted in such a way in the past believe that they were bound to so do?

Is there a good reason for the forming of the convention?

Has a select committee required that such a convention be established?

The UK courts have consistently held that constitutional conventions cannot be legally enforced, although the courts may recognise the existence of a convention.

True

False

Please match the definition to the appropriate umbrella term.

An umbrella term that covers a number of important conventions aimed at strong government. The term includes conventions such as cabinet confidentiality and solidarity. The minister must account to the Prime Minister.

An umbrella term that covers a number of important conventions that allow Parliament to regulate the behaviour of the executive. The terms includes conventions such as the duty to account and in some instances the duty to take responsibility. The minister must account to Parliament.

Please match the definition to the appropriate umbrella term.

Policy failures

Operational or implementation failures

Individual ministerial responsibility prescribes that decisions reached by the Cabinet or other ministerial committees are binding on all members of the government, regardless of whether or not the individual ministers agree with them. Convention also dictates that the way in which a policy decision was reached must remain confidential.

True

False

Which of the following view of the following interpretations have scholars put forward in relation to the bundle of conventions that make up collective ministerial responsibility?

The convention of cabinet confidentiality can be enforced by the courts.

All collective ministerial practices (aside from the convention that a government that loses a vote of no confidence on an opposition motion is bound to resign) are conventions although not binding.

All collective ministerial practices (aside from the convention that a government that loses a vote of no confidence on an opposition motion is bound to resign) are binding conventions but the Prime Minister retains a significant amount of discretion to determine the extent to which s/he wishes to enforce them.

The only convention that forms a binding part of collective
ministerial responsibility is that a government that loses a vote of no confidence on an opposition motion is bound to resign.

Please match the definition to the appropriate bundle of constitutional conventions.

Royal Assent; Appointment of the Prime Minister; Right to dissolve Parliament

Appointment of the Prime Minister; Confidence in Government; Appointment of Ministers of the Crown; Resignation of the Prime Minister

Summoning of Parliament; No Criticism of the Judiciary; Involvement in Decisions to Declare War

No Criticism of the Judiciary by parliamentarians; Judges not playing a role in politics

Some have argued that it would beneficial to codify constitutional conventions. Select the reasons in favour of codification.

Flexibility

Certainty

Ease of codification

Potential for legal redress

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