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单词 conventions
释义
conventions

conventions (of the British constitution) discernible rules of conduct that are considered binding by the Crown and those involved in gov- ernment. They are not laws in the sense of legally binding people in such a way that they could be compelled to perform or be sanctioned for failure to do so in a court. Neither are conventions, strictly speak- ing, customs because custom is a source of actual law and a conven- tion is not law. It was Dicey who insisted that the CONSTITUTIONAL

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LAW of the UK could not be understood without understanding the conventions. The nature of conventions as extra-legal was confirmed by the Supreme Court of Canada in Re Amendment of the Constitution of Canada (1981) 125 DLR 3d 1, leading some to believe that the exis- tence of a convention may be a justiciable issue.

The bulk of conventions regulate the following: the ROYAL PREROGA- TIVE and the CABINET; the workings of PARLIAMENT, particularly the relationship of the HOUSE OF COMMONS and the HOUSE OF LORDS; the organisation of the Commonwealth; the making of war; the dissolu- tion of government; the refusing of the ROYAL ASSENT to Bills; minis- ters being collectively responsible; the business of the House of Com- mons being arranged behind the SPEAKER's chair by the leader of the government and the leader of the opposition; the restriction on the UK Parliament legislating for a former dependent territory now an independent member of the Commonwealth unless it is asked to do so; the appointment of the governor general of an independent Com- monwealth country. All involve the conventions.

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更新时间:2024/10/27 3:28:23