Topic

‘The Proper Roles for Constitutional Conventions’

Author/Academic

Joseph Jaconelli

Viewpoint

This article identifies six possible criteria for determining the circumstances when an aspect of governance might be better suited to regulation by constitutional convention than by law, with reference to the UK context. It also examines the distinction between constitutional laws and conventions and compares the operation of constitutional conventions with that of equity in its relation to the common law.

Source

(2015) 38(2) Dublin University Law Journal 363–385

Topic

‘Conventional Constraints’

Author/Academic

Julien Sterck

Viewpoint

This article considers how the challenges of defining constitutional conventions can result in uncertainty over the legitimacy of their judicial recognition and enforcement. It goes on to discuss the problems arising from the conceptualization of constitutional conventions as rules or as being analogous to customary law. The article concludes with an assessment of the value of viewing them instead as descriptions of the constraints produced by the relationships between constitutional rules.

Source

(2015) 38(2) Dublin University Law Journal 465–476

Topic

‘Laws and Constitutional Conventions’

Author/Academic

NW Barber

Viewpoint

Examines the jurisdiction of the court in relation to constitutional conventions and the extent to which the courts are prepared to recognize them.

Source

(2009) 125 Law Quarterly Review 294–309

Topic

‘Statutory Conventions: Conceptual Confusion or Sound Constitutional Development?’

Author/Academic

Conor Crummey and Eugenio Velasco Ibarra

Viewpoint

This article reviews the implications of R (on the application of Miller) v Secretary of State for Exiting the European Union (SC), which held that the UK Parliament was not under a legal duty to seek the Scottish Parliament’s consent before passing legislation to leave the EU. It goes on to discuss the finding that s 28(8) Scotland Act 1998 is a political norm not a legal rule, and whether this creates a new constitutional category of the statutory convention.

Source

[2018] Public Law 687–707

Topic

‘The Brexit Case and Constitutional Conventions’

Author/Academic

Tom Mullen

Viewpoint

Discusses the implications for the court’s future treatment of constitutional conventions of R (on the application of Miller) v Secretary of State for Exiting the European Union on whether the UK Government could rely on prerogative power to give notice under Art 50 Treaty on European Union of the intention to withdraw from the EU, or whether statutory approval was required.

Source

(2017) 21(3) Edinburgh Law Review 442–447