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Constitutional Conventions: Theories, Practices and Dynamics

Constitutional Conventions: Theories, Practices and Dynamics

Author: Nicholas Barry; Narelle Miragliotta; Zim Nwokora; Haig Patapan
Publisher: Routledge
ISBN: 9781032828336
Published In: February 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book analyses constitutional conventions as a powerful but largely neglected framework for studying the law and politics of constitutions.

Constitutional conventions are the unwritten rules that inform and circumscribe the political behaviour of individuals, organisations, and a political system. They are as important as the formal legal rules that define written constitutions and shape modern states; yet, unlike formal written rules, conventions have received only limited scholarly attention. This book considers conventions as a lens to theorise and to analyse the institutional dynamics of contemporary constitutions. Interrogating constitutional conventions in a wide variety of contexts – including in Westminster parliamentary systems, in presidential systems and in non-democratic regimes – the book offers new perspectives for understanding diverse aspects of constitutional politics: such as the capacity of conventions to constrain populists, how conventions influence constitutional transformation, how they reflect and reshape core democratic values such as citizenship and constitutional identity, and what they reveal about the character of authoritarian regimes. The book thus demonstrates how the dynamics of conventions shape the very character of constitutions.

The book will be of interest to legal theorists, constitutional lawyers, and political scientists.

Introduction: New Research Directions in Constitutional Conventions

Nicholas Barry, Narelle Miragliotta, Zim Nwokora and Haig Patapan

1. What are Constitutional Conventions? Common Law, Legal Positivism and Liberal Perspectives

Haig Patapan

2. Morality versus Strategy: Constitutional Conventions through the Lens of Political Motivation

Zim Nwokora

3. Conventions All the Way Down: The Emergence of Parliamentary Conventions over MP Qualifications

Graeme Orr

4. How Constitutional Actors Resist Conventions Without Breaking Them: The Case of UK’s Salisbury Convention

Narelle Miragliotta and Frank Algra-Maschio

5. How Do Constitutional Changes Affect Conventions and Constitutional Identity? A Case Study of a Republic in Australia

Sarah Murray