The History Of Constitutional Convention Of Doctrines

“Constitutional conventions” are an integral part of the Constitution.Especially in the unwritten constitution,the constitutional practice of the country has become a system of rules that is inconsistent with constitutional laws.They are not only as binding as statutes,but they are equally incompatible with written law.On the other hand,the rule of constitutional practice has obvious ambiguity,which brings great challenges to the standardization study of constitutional conventions.The article focuses on the issue of core constitutional conventions in the order of time,and combs the history of the development of customary doctrines centered on Dicey's theory.the article is divided into five parts,as follows:The first part of the issue of constitutional practice: Dicey's predecessors.The purpose of the practice of the 18 th century constitution is to maintain a separate constitution of power.The various parts of this constitutional system are balanced and balanced,and the core is to influence the unreformed parliament.The issue of “constitutional practice” was raised during this period,and then went through the process of focusing on a single “convention”,the discussion of the “constitution” phenomenon,and the process of studying the “customary rules”.The second part is the constitutional convention under the legal constitution: Dicey pioneering nature and its contribution.Dicey pioneered the use of “constitutional conventions” on the basis of the previous Freeman studies to refer to the rules of “customary”,“tacit understanding” and “morality” that grow next to the common law.In the book "Introduction to the British Constitution",it is proposed to distinguish between "constitutional law" and "constitutional practice" by whether it is applied by the court and whether it can be codified.When it comes to the binding force of constitutional conventions,he believes that it comes from the coercion of legal power.The third part of the constitutional practice from the perspective of functionalism: Jennings' s criticism and its influence.Jennings is a strong critics of Dicey point of view.It believes that "constitutional conventions" and "constitutional laws" are essentially indistinguishable.He proposed three criteria for identifying conventions."What are these precedents? Are the participants of the precedent bound by this rule? Is there a reason for the rule?" In addition,the convention has two major roles: one makes up the inadequacy of the rigid legal system,and the second,allows the ruler to operate and rule the machine.The binding force of convention comes from the general “recognition”.The fourth part of the constitutional practice under the political moral theory: the systematization of Marshall.Marshall systematically studied the issue of constitutional conventions.Constitutional conventions are divided into the practice of imposing obligations and the practice of empowerment.The formation of conventions includes precedents,agreements and principles.The constitutional morality is divided into the empirical constitutional morality and the critical constitutional morality.The former refers to the fact that the main political participants regard it as a requirement for themselves in political activities.The latter refers to the fact that when political participants think that the precedent is correct,they should be subject to it is mandatory.The practice itself is an obligation and there is no need to explore why it is being observed.The fifth part of the constitutional practice from the perspective of political science: the reaction to the traditional method.Garrigan and Scott are subversive.Choose to conduct a special study of constitutional conventions from a political perspective.They believe that constitutional conventions are not only part of the constitutional system,but they are also the most important part of it.The recognition of conventions and the problem of habitual restraint are regarded as “one body and two sides”.When a practice is recognized,it also has the binding force.The important role of the practice is to maintain constitutional stability,and “customary codification” has become one of the important ways of changing the practice.In the conclusion part,The author points out that the complexity of constitutional conventions stems from its own ambiguity and determines that a large number of problems arising from constitutional conventions are difficult to determine.But this also reinforces an understanding on the other hand.In the face of complex constitutional practices,there are still many questions that are not answered,and more energy is needed to study.