Constitutional convention

A constitutional convention is a whole of rules and principles nonofficial and not written but known and accepted, followed by the institutions of a state.

Examples of constitutional conventions

Germany

  • Although the Fundamental law allows a dissolution only in the absence of one majority the Bundestag, constitutional jurisprudence validated two uses of the procedure whereas the chancellor had preserved his majority, but requested from some of its deputies to refuse their confidence to him.

France

  • Except period of cohabitation, the policy of the nation is determined and, in its broad outlines, is led by the president of the Republic, although the Constitution makes of it a competence of the Gouvernement.
  • the foreign Politics and the defense belong to the “reserved domain” of the president of the Republic, i.e. it preserves the primacy in period of cohabitation. The president has a right to watch on the choice of the ministers in charge of these fields.
  • Except cohabitation, the Prime Minister is held to resign if the president of the Republic makes the request of it. If the president decides to organize a referendum according to the procedure envisaged in article 11 of the Constitution, the Prime Minister is held “to ask it to him”; in 1972, Jacques Chaban-Delmas “asked for” the organization of a Référendum on the widening of the EEC one month after the advertisement of this one per Georges Pompidou.
  • the Prime Minister is held to resign immediately afterwards of the legislative elections and a presidential election.

The United Kingdom

  • According to the “convention of Salisbury”, the House of Lords will not be opposed in second reading to a bill filed in by the government pursuant to its electoral program.
  • According to the “rule of Ponsonby”, the treaties must be submitted to the Parliament blackjack days before their ratification.
  • the monarch exerts the royal prerogative only on the council of the Prime Minister and the Cabinet.
  • If the Prime Minister loses the confidence of the Communes, it must either resign, or to require of the monarch dissolution Parliament. If the party in power loses the general elections, the Prime Minister immediately gives his resignation to the monarch.
  • the Speaker of the House of Commons loses as of its election at this post office any fastener partisane; the parties do not introduce rivals to him if he wants to make renew his mandate of member of Parliament.
  • London is the capital de facto the United Kingdom.

Switzerland

  • the composition of the Federal council is determined by the “magic formula”.

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