Why Conventions in a Constitution Are Important

Conventions in a constitution are important because they help to keep the constitution flexible and relevant to the current needs and aspirations of the state.

In this post on the importance of constitutional conventions, I will show you the points you need to answer a typical SHS/WAEC Government question on conventions.

Why are conventions in a constitution important?

But before we look at why conventions in a constitution are important, let’s begin with a brief definition of constitutional conventions.

Definition of Conventions in a Constitution

Conventions are unwritten and non-legal rules and practices that are observed in a state as if they were written rules or laws.

Conventions operate mainly under the unwritten constitution of Britain (United Kingdom). However, conventions are a part of the constitutions of most modern states. Norway, Canada, Malaysia, Lebanon, Nigeria, France, and Ghana all have conventions as part of their constitutional arrangements.

Below are some common examples of constitutional conventions in the UK.

  • The leader of the majority party in parliament becomes the prime minister
  • A government will resign if it loses a confidence vote in the House of Commons (Lower House of the British parliament).
  • The Monarch (Queen or King) will assent to any bill passed by parliament to allow it to become law.

All the above are not written rules which can be enforced in the law courts in Britain, yet they are largely observed without any hesitation or disagreement.

  • In the US. the Speaker of the House of Representatives is always an elected member and leader of the majority party in the house. This is despite the fact that the US constitution does not make any specific provisions on the matter.

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Importance of Conventions in a Contitution

We are now going to answer the question as to why conventions in a constitution are important.

1. Conventions allow the government to run smoothly.

Conventions enable the government to function smoothly. This is because all sides in parliament accept conventions as the standard norm.

Disruptive attacks, heckling and vicious criticism on certain issues are not rampant when such issues are borne out of constitutional conventions.

After all, the last thing any serious political party would like to have is a public outcry against them over procedures that have become the standard norm.

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2. They enrich the constitutions of newly-independent states.

Most conventions under the British constitution are borrowed and written into the constitution of other countries. This means that what is regarded as a convention under the unwritten British constitution is as equally important as what is written in the constitution of other countries.

3. They make the government more disciplined.

Here is a third reason why conventions in a constitution are important. They make otherwise rogue governments behave appropriately.

Though conventions are not legally enforceable, violations can have serious consequences. These may turn out to be more severe than when one violates constitutional rules.

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4. Conventions strengthen written constitutions.

In fact, conventions are not limited to the unwritten constitutions of the world.

Conventions are also important under written constitutions.

The U.S.A, for example, operates a two-party system that has helped the federal constitution in the country in many ways. Though not explicitly spelt out in the country’s written constitution, the de-facto two-party system in the US has helped maintain political unity and stability.

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5. State institutions depend heavily on conventions.

Most of the administrative functions of ministries, departments, local government authorities, and other government agencies are determined by generally accepted unwritten rules of conduct.

These bodies and the individuals working in them apply conventional rules in their day-to-day operations.

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