Constitutional Conventions in UK Law

Leading Cases
  • R (Wheeler) v Office of the Prime Minister
    • Queen's Bench Division (Administrative Court)
    • 25 Junio 2008

    The first of those principles is particularly relevant to the use to which certain Parliamentary material may be put, and is considered later. The court in that case was willing to consider whether such an Order, if approved by Parliament, would be ultra vires the enabling statute, but made very clear the care that needed to be exercised in relation to the limits of the court's role.

    In our judgment, it is clear that the introduction of a Bill into Parliament forms part of the proceedings within Parliament. It is governed by the Standing Orders of the House of Commons (see, in particular, standing order 57(1)). It is done by a Member of Parliament in his capacity as such, not in any capacity he may have as a Secretary of State or other member of the government.

  • R v HM Treasury, ex parte Smedley
    • Court of Appeal (Civil Division)
    • 19 Diciembre 1984

    It, therefore, behoves the courts to be ever sensitive to the paramount need to refrain from trespassing upon the province of Parliament or, so far as this can be avoided, even appearing to do so.

    Against that background, it would clearly be a breach of the constitutional conventions for this court, or any court, to express a view, let alone take any action, concerning the decision to lay this draft Order in Council before Parliament or concerning the wisdom or otherwise of Parliament approving that draft. The exercise upon which Parliament would be engaged and that upon which we are engaged are essentially different.

  • Thomas and Another v Baptiste and Others
    • Privy Council
    • 17 Marzo 1999

    It is the general right accorded to all litigants not to have the outcome of any pending appellate or other legal process pre-empted by executive action. By ratifying a treaty which provides for individual access to an international body, the Government made that process for the time being part of the domestic criminal justice system and thereby temporarily at least extended the scope of the due process clause in the Constitution.

  • Anthony Briggs v Cipriani Baptiste (Commissioner of Prisons) and Others
    • Privy Council
    • 28 Octubre 1999

    It did not overturn the constitutional principle that international conventions do not alter domestic law except to the extent that they are incorporated into domestic law by legislation. It confirmed the principle that the consideration of a reprieve is not a legal process and is not subject to the constitutional requirement of due process, and that the Advisory Committee is not bound to consider, let alone adopt, the recommendations of the Commission.

  • Belhaj and another v Straw and Others; Rahmatullah v Ministry of Defence and another (No 2)
    • Supreme Court
    • 17 Enero 2017

    The third rule has more than one component, but each component involves issues which are inappropriate for the courts of the United Kingdom to resolve because they involve a challenge to the lawfulness of the act of a foreign state which is of such a nature that a municipal judge cannot or ought not rule on it.

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Legislation
  • British Guiana (Constitution) Order 1964
    • UK Non-devolved
    • 1 de Enero de 1964
    ...... exercised by him as nearly as may be in accordance with the constitutional conventions that apply to the exercise of the like power in the United ......
  • Southern Rhodesia (Constitution) Order in Council, 1961
    • UK Non-devolved
    • 1 de Enero de 1961
    ....... Election of first members of the Constitutional Council. . 13.—(1) Notwithstanding any of the provisions of Chapter VII ... in such cases the Governor shall observe the constitutional conventions which apply to the exercise of similar powers by Her Majesty in the United ......
  • Trinidad and Tobago (Constitution) Order in Council, 1961
    • UK Non-devolved
    • 1 de Enero de 1961
    ...... Whereas, having regard to the constitutional discussions held in London in November, 1959, and in Trinidad in June, ...c. 63. . (b) 63 & 64 Vict. c. 62. . with the constitutional conventions that apply to the exercise of the like power in the United Kingdom: . ......
  • Lesotho Independence Order 1966
    • UK Non-devolved
    • 1 de Enero de 1966
    ....... Part 4 . Appeals . Section . 121. Appeals on constitutional questions and questions relating to fundamental human rights. . 122. ... act, so far as may be, in accordance with any constitutional conventions applicable to the exercise of a similar function by Her Majesty in the ......
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Books & Journal Articles
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Law Firm Commentaries
  • Brexit Update – The UK Supreme Court Ruling on Article 50, the Great Repeal Bill and the Commencement of the Departure Process
    • JD Supra United Kingdom
    In the January edition of the Delta Report, we discussed the pending Article 50 challenge before the UK Supreme Court (the "Supreme Court") and highlighted some of the issues and uncertai...
    ......, the Supreme Court delivered one of the most significant constitutional decisions of this generation, dismissing the Secretary of State for .... . The Supreme Court also noted that constitutional conventions such as the 'Sewel Convention' [18] play a fundamental role in the ......
  • Article 50 Has Been Triggered by the UK: What’s Next?
    • JD Supra United Kingdom
    As anticipated, on this day, March 29th, 2017 British Prime Minister Theresa May has taken the historical step of formally notifying the European Council of the United Kingdom (UK)’s intention to w...
    ......It also ends a period of uncertainty about the UK’s constitutional requirements regarding this decision. The implementation of article 50 ... law, or when applicable, by multilateral international Conventions. . Technically, there could be other options instead of negotiating ......
  • Alert: UK Supreme Court Confirms Only Parliament Can Start Formal Brexit Process
    • JD Supra United Kingdom
    In its widely anticipated judgment in R (Miller and another) v. Secretary of State for Exiting the EU, the UK Supreme Court confirmed on 24 January, by an 8 to 3 majority, that the British governme...
    ......-frogging the Court of Appeal), in light of the case’s constitutional importance and the urgency of resolution. In light of the defeat of the ...The Court unanimously confirmed the principle that conventions are political in nature, with no legal force. In the words of Lord ......
  • Brexit: UK Supreme Court Holds That An Act Of Parliament Is Necessary To Trigger Brexit Negotiations
    • Mondaq UK
    ...... following a decision made "in accordance with its own constitutional requirements." The UK Government had argued that the European Council ... 24 "Conventions of the UK Parliament", Report Session of 2005-6. 25 The Conservative ......
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