Constitutional Conventions in
Westminster Systems: Controversies, Changes and Challenges
edited by Brian Galligan and Scott
Brenton
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.