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Words: | Submitted: Mon Jun 19 2006
... constitutional convention; using Jennings' test three questions must be asked- firstly, "What are the precedents?" , secondly, "Did the actors in the precedents believe that they were bound by a rule?" , and thirdly, "Is there a reason for the rule?" . Constitutional conventions form the most significant class of non-legal rules; they supplement the legal rules of the constitution and define the practices of the constitution. Conventions can be seen to impose an obligation on those bound by the convention, breach or violation of which will give rise to legitimate criticism, generally with an accusation of "unconstitutional conduct". Conventions apply to virtually all aspects of the constitution, and therefore it seems unrealistic to consider the constitution of the United Kingdom minus them. Almost immediately this hypothetical constitutional position appears unworkable. Situations do arise occasionally for which there is no firm convention or apparent precedent; for example George V found ...
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