Constitutional Conventions in Westminster Systems: Controversies, Changes and Challenges

Administrative / Constitutional Law

Constitutional Conventions in Westminster Systems: Controversies, Changes and Challenges

By Brian Galligan, Scott Brenton
Cambridge University Press August 2015

Specifications

ISBN-13
9781107100244
Publisher
Cambridge University Press
Publication
August 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices.

Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.

Table of Contents

Introduction Brian Galligan and Scott Brenton
1. Constitutional conventions Brian Galligan and Scott Brenton
2. Law and convention Nicholas Aroney
3. Executive conventions Brian Galligan
4. Cabinet government Patrick Weller
5. Caretaker conventions Jenny Menzies and Anne Tiernan
6. Minority and multi-party government Scott Brenton
7. Parliament J. R. Nethercote
8. Upper houses Campbell Sharman
9. The United Kingdom Robert Hazell
10. Canada Andrew C. Banfield
11. Australia Nicholas Barry and Narelle Miragliotta
12. New Zealand Grant Duncan
13. Codifying conventions Peter H. Russell
14. Constitutional reform Andrew Blick
Conclusion Brian Galligan and Scott Brenton.
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