Gavin Howe
A convention, also known as a constitutional convention, is an uncodified tradition that is followed by the institutions of a state. Conventions are generally accepted standards, norms, or criteria, often taking the form of a custom. On the other hand, a law is a system of rules that a particular country or community recognizes for regulating the behaviour of its members and which it may enforce by imposing penalties. Laws are certain and provide power to implement and enforce them, whereas conventions are more flexible and optional, with enforcement coming from social pressure and the fear of moral or social alienation.
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What You'll Learn
- Laws are certain, powerful, and enforceable, whereas conventions are flexible and optional
- Conventions are traditions or customs that are widely accepted and followed, often becoming law
- Laws are formal rules with penalties for non-compliance, while conventions are informal and lack legal authority
- Voters enforce constitutional conventions, holding politicians accountable and guarding traditions
- Conventions guide government functions in states without written constitutions, like the UK
Laws are certain, powerful, and enforceable, whereas conventions are flexible and optional
Laws and conventions are two distinct concepts that play a significant role in shaping societal norms and behaviours. While laws are certain, powerful, and enforceable, conventions are more flexible and optional, representing unwritten rules that guide social interactions and political norms.
Laws are a set of rules established by a governing body to regulate the actions of its members. They are binding and enforceable, with the power to impose penalties on those who violate them. Laws provide certainty by clearly defining acceptable and unacceptable behaviours, and they grant the administrators the power to implement and uphold these rules. For instance, laws dictate which side of the road vehicles must be driven on.
Conventions, on the other hand, are long-established, informal, and uncodified procedural agreements followed by institutions and societies. They are often deeply rooted in tradition and custom, such as the manner in which people greet each other. Conventions are more flexible and optional, as they are not formally regulated or enforced by a legal system. For example, the convention of the rotation of the Chairman of the Council of Ministers of Bosnia and Herzegovina is based on an understanding of diversity and fairness but is not a legal requirement.
The power dynamics between laws and conventions differ significantly. While laws are enforced by the state machinery, conventions derive their power from social and moral expectations. Violating a law can lead to legal consequences, including court trials and punishments. On the other hand, violating a convention may result in social alienation or political backlash, as the public or voters are expected to guard and uphold these conventions. For instance, in the UK, the convention of the government resigning if it loses a vote of confidence in the Commons is based on the understanding that the government should have the support of the House of Commons to govern effectively.
Despite their differences, both laws and conventions play a crucial role in maintaining order and stability in society. Laws provide the necessary structure and regulation, while conventions offer flexibility and adaptability to local customs and traditions. Administrators must consider both laws and conventions in their decision-making to achieve law and order, welfare, and effective governance.
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Conventions are traditions or customs that are widely accepted and followed, often becoming law
A convention, also known as a constitutional convention, is an unwritten, informal, and widely accepted custom or tradition that guides the functioning of a state's institutions. While not legally binding, conventions are often followed due to social or moral expectations. For example, in the UK, it is customary for a government to resign if it loses a vote of confidence in the House of Commons, even though this is not a legal requirement. Similarly, in Norway, parliamentarism and the declining power of the King are key constitutional conventions.
Conventions are particularly important in countries without a written constitution, such as the UK, where they help understand state functions. In these cases, the actual distribution of power may differ significantly from what is described in formal constitutional documents. For instance, while a constitution may grant broad discretionary powers to the head of state, in practice, these powers may only be exercised on the advice of the head of government or may not be used at all.
Certain types of conventions may become law over time, transforming into regulatory legislation. For example, driving on a specific side of the road is a convention-turned-law. However, conventions are generally more flexible and optional compared to laws, which are binding and enforceable by the state. Laws provide certainty and the power to implement, along with social sanctions for violators.
Administrators need to consider both laws and conventions when making decisions. While laws provide a framework for regulation, conventions contribute to maintaining law and order, as well as welfare. For example, in Bosnia and Herzegovina, it is a convention that the Chairman of the Council of Ministers should be of a different nationality in each new term, a practice known as "rotation." This convention is not formally regulated but is nonetheless followed.
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Laws are formal rules with penalties for non-compliance, while conventions are informal and lack legal authority
Laws and conventions are fundamentally different. Laws are formal rules with penalties for non-compliance, while conventions are informal and lack legal authority.
A convention is a long-established, informal, and uncodified procedural agreement followed by the institutions of a state. It is an unwritten tradition that is often based on social norms and customs. Conventions are particularly important in countries like the UK, which lack a written constitution, as they help to understand how the state functions. For example, the British convention requiring royal assent is based on the rationale that, as Britain evolved from a monarchy to a democracy, the House of Commons became the primary political power. Withholding royal assent would not be viewed as politically legitimate, and this convention is upheld by the perception that there are good reasons for such a rule.
However, conventions are not legally enforceable. If politicians break a law, they can be brought before a court, tried, and punished. In contrast, courts cannot enforce constitutional conventions. Instead, it is assumed that voters know and value these conventions, and politicians will respect them out of fear of invoking the wrath of voters. For example, in Norway, parliamentarism is a convention that has evolved since 1884, and it entails that the cabinet must maintain the support of parliament, although the King still formally appoints the cabinet and passes laws.
Laws, on the other hand, are formal rules that a particular country or community recognizes and enforces. They are certain and provide a clear framework for administrators to implement and enforce. Laws give power to those who enforce them and create a fear of violation due to the potential for punishment. However, laws also need to be flexible and evolve with time, situations, and the aspirations of those they govern.
Conventions and laws are both important. While laws provide a binding framework, conventions provide the context and flexibility needed for effective governance. Administrators must consider both when making decisions to balance law and order with the welfare of the governed.
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Voters enforce constitutional conventions, holding politicians accountable and guarding traditions
A convention, also known as a constitutional convention, is an uncodified tradition or procedural agreement that is followed by the institutions of a state. In some countries, such as those that follow the Westminster system, most government functions are guided by constitutional conventions rather than by a formal written constitution. In these cases, the actual distribution of power may differ significantly from what is described in formal constitutional documents. For example, the formal constitution may grant wide discretionary powers to the head of state, but in practice, these powers may only be used on the advice of the head of government or may not be used at all.
Constitutional conventions are particularly important in countries like the UK, which lack a written constitution. They provide insight into how the state functions and help fill in the gaps where legal authority is absent. For instance, the "Salisbury Convention" in the UK's House of Lords is a convention that states that the Lords will not oppose the second or third reading of any Government legislation promised in its election manifesto.
While laws are formal rules that a country or community enforces to regulate the actions of its members, conventions are more flexible and optional. They are often based on customs or social norms that are generally accepted and followed by the members of a society. For example, driving on the right side of the road is a convention in some countries, while driving on the left side is a convention in others. These conventions are so well-established that they are almost considered "unwritten laws," but they are not formally enforced by the state.
In a constitutional system based on conventions, it is assumed that voters know and value these conventions, holding politicians accountable for upholding them. Voters play a crucial role in enforcing constitutional conventions by expressing their disapproval when conventions are broken. Politicians are incentivized to respect these conventions out of fear of invoking the wrath of the voters. However, it is important to note that constitutional conventions are not always respected, and there may be instances where politicians deviate from them. Nonetheless, voters serve as the guardians of these traditions, ensuring that politicians remain accountable to the established norms and procedures.
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Conventions guide government functions in states without written constitutions, like the UK
A convention, also known as a constitutional convention, is an uncodified tradition or procedural agreement that is followed by the institutions of a state. It is a set of agreed, stipulated, or generally accepted standards, norms, or criteria, often taking the form of a custom. Conventions are particularly important in countries like the UK, which lack a written constitution, as they help to guide how the state functions. For example, the UK has the convention of requiring royal assent, which has evolved from its transition from a monarchy to a democracy. While the House of Commons is now the primary political power, the convention of royal assent is well-established and respected.
In some states, such as those Commonwealth countries that follow the Westminster system and derive their political systems from British constitutional law, most government functions are guided by constitutional convention rather than a formal written constitution. This means that the actual distribution of power may differ significantly from what is described in formal constitutional documents. For instance, while a constitution may confer wide discretionary powers on the head of state, in practice, these powers may only be used on the advice of the head of government or may not be used at all.
The flexibility of constitutional conventions can be advantageous, as they can be applied with a degree of adaptability. However, this also presents a challenge in enforcement. Unlike laws, which are enforced by the state and carry penalties for violations, conventions are more optional and rely on social or moral pressure for compliance. If a politician breaks a law, they can be brought before a court and punished if found guilty. But when it comes to conventions, courts of law cannot enforce them, as they are not courts of conventions. Instead, it is assumed that voters will know and value constitutional conventions, holding politicians accountable during elections.
Some countries, like Canada, have a mix of written constitutions and constitutional conventions. Canada's political system was formed with the enactment of the Constitution Act in 1867, and it continues to follow certain conventions, such as the appointment of judges and the relationship between the federal government and the provinces. Norway is another example of a country with important constitutional conventions, such as parliamentarism and the declining power of the King. While the Norwegian constitution states that the cabinet is appointed by the King, this is largely a formality, as the cabinet must maintain the support of parliament, and the King has not directly exercised executive powers since 1905.
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Frequently asked questions
A convention is a set of agreed, stipulated, or generally accepted standards, norms, or criteria, often taking the form of a custom. A law is a system of rules that a particular country or community recognizes for regulating the actions of its members and which it may enforce by the imposition of penalties.
In the Norwegian political system, parliamentarism and the declining power of the King are two important examples of constitutional conventions.
Laws are better than conventions from an administrator's perspective because they are certain and give power to implement. However, laws need to evolve with time and situations, as well as the aspirations of those they are applied to.
Certain types of rules or customs may become law, and regulatory legislation may be introduced to formalize or enforce the convention. For example, customs that dictate which side of the road vehicles must be driven on often become laws.
In a constitutional system based on conventions, it is assumed that the voters will know what those conventions are and will guard them. Therefore, those holding political office will respect these conventions out of fear of invoking the wrath of the voters.
