The Discussion On The Establishment And Observance Of Constitutional Convention

The unwritten constitution of England is essentially a customary constitution,and the study of constitutional practice is only the foliage of the constitutional field.Both normative analysis of constitutional practice involves less empirical problems such as the establishment,observance,and breach of practice,and the lack of empirical supplementation of normative research.Therefore,this article from the empirical analysis to proceed with the establishment and compliance of the timeline to start,in addition to the introduction,the text consists of four parts,the structure is as follows:The first part,the background of the Salisbury practice.Britain is a bicameral parliament,divided into the House of Lords and the House of Commons,the House of Commons is the elected House,the House of Lords is formed by the hereditary aristocracy.So the question of the power of the House of Lords has long been the main content of the relationship between the two houses.From the theory of authorization to the 1911 "parliamentary law" trial and error process also for the subsequent Salisbury practice to lay the foundation for the generation.The second part,the establishment of the Salisbury practice.The Salisbury practice is a consensus rule of the bipartisan power relations between the two houses or a contractual rule.The root cause of this contract rule is that the House of Representatives,if the House of Representatives violates the Salisburypractice,hinders the election campaign and will lead to the consequences of the voters,thus losing voter support or even being abolished;And the reason wh-y the House of Lords did not completely empty the House of Lords,is also based on the "government" may bring the dictatorship is not accepted by the people and the political elite considerations,the House of Lords has a limited value,must be retained.The third part of the Salisbury practice is to comply.In the practice of legislation,the Salisbury practice is not always followed,with exceptional circumstances,but whether it is the practice of compliance,or the practice of violation of the practice of whether the election motion has been deleted and postponed as a criterion for determining compliance,The consensus has not been broken,is still generally considered a must comply with the obligations.For this reason,the House ofCommons had just accepted two practices and did not bring the two court crises,so the violation of the Salisbury practice could be said to be an exception that could be allowed in a particular political context.Conclusion,the ambiguity of practice validates the distinction between practice and law.The dominant constitutional values expressed by the practice are not clear in content and will change over time and situation,leading to the ambiguity of practice.And this ambiguity also makes the practice can not be directly quoted or explained by the court,the practice of ambiguity makes the legalization of the law into the United Kingdom enacted the Constitution of the first bear the brunt of the problem.