The normativity of constitutional conventions, with special references to the UK, USA and Greece

Thesis

This thesis answers a twofold question regarding the nature and normativity of constitutional conventions, making special references to three jurisdictions, the UK, US and Greece. Conventions are political rules that regulate the constitutional edifice. The normativity of conventions is based on the coordination of political actors toward the principal goal of enhancing democratic accountability. They are a species of the genus of constitutional norms, with their distinguishing characteristic being non-enforceability in court, a quality that safeguards an area of autonomy for political actors. Thus, issues arising out of conventional rules are resolved in political fora, like the electorate and the Parliament.

The analysis begins with the theoretical positions regarding conventions in the three jurisdictions in order to examine the influence of academic tradition: Greek and UK scholarship represent opposite approaches on the issue of conventions, while in the US conventions have received relatively little attention from theorists. Next, conventions are shown to be normative. They guide the conduct of political actors, either limiting or enabling their action, and involving negative consequences—‘political difficulties’—for those who breach the rules. The genus, constitutional norms, and differentia, non-enforceability of conventions, are explained, associating the latter with the choice of a political forum for the resolution of the relevant issues. Conventions and the UK ‘political constitution’ are closely connected; conventions are the central case of political constitutional regulation through a normative, Aristotelean view of politics. The reason behind the normativity of conventions is not content-free coordination but rather coordination towards a purpose, that of enhancing democratic accountability. This is why conventions retain their importance today. The reason for their existence is of particular importance for dealing with new challenges, allowing flexible regulation of new areas of constitutional activity and providing essential support for the democratic coexistence of political and constitutional actors.

Authors: Doudonis, P

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: constitutional conventions
• Subjects: Jurisprudence; Constitutional Theory; Comparative Constitutional Law; Public Law; Constitutional Law