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- Title
The nature of constitutional convention.
- Authors
Jaconelli, Joseph
- Abstract
The term 'constitutional convention' tends to be attached indiscriminately to any regularity of conduct that is observed in the process of government. It is here argued, however, that constitutional conventions as properly understood are social rules which govern the relations between political parties or the institutions of government. Furthermore, this term is to be confined only to those social rules that are constitutional in character. Intra- party standards of conduct, in particular, have wrongly been accorded the status of constitutional convention. These considerations, together with a detailed examination of the precise status of constitutional conventions as part of the 'morality' of the constitution, lead to a re-assessment of the conditions under which constitutional conventions both come into existence and cease to exist.
- Publication
Legal Studies, 1999, Vol 19, Issue 1, p24
- ISSN
0261-3875
- Publication type
Article
- DOI
10.1111/j.1748-121X.1999.tb00084.x