Unwritten Rules: A Deep Dive Into Constitutional Conventions
Kelly Shuttleworth, a doctoral student, has carved out a unique niche in the field of constitutional conventions. These often-overlooked rules play a crucial role in maintaining the stability of democracies, particularly in countries without a single written constitution, like the UK and New Zealand.
Shuttleworth’s research centers on a fundamental question: How do democratic systems function without binding legal codes dictating behavior? Her answer lies in the realm of constitutional conventions, informal yet powerful norms that guide political conduct.
In several countries, including the UK, Canada, New Zealand, and Israel, constitutions are not confined to a single document. Instead, they are a patchwork of statutes, legal decisions, and unwritten conventions. These conventions, while not legally enforceable, are followed so consistently that they become expected practices. A prime example is the Royal Assent in the UK and New Zealand, where no legislation can transform into law without the monarch's or Governor-General's approval, which is always granted by convention.
Shuttleworth emphasizes that these conventions are not mere formalities. They have historically facilitated the shift from monarchical to democratic governance by transferring power from the Crown to the people. An example relevant to New Zealand is the caretaker convention, which limits the powers of an outgoing government while a new administration is formed, preventing major decisions during this transitional period.
However, the strength of these conventions lies in the willingness of political actors to adhere to them, making them vulnerable in times of crisis or political polarization. “These rules are meant to check executive power,” Shuttleworth explains, “but they’re vulnerable. When a leader decides not to follow them, there’s little legal recourse.”
In today’s political climate, where democratic norms face increasing challenges, understanding constitutional conventions is more critical than ever. Shuttleworth’s research points out the paradox that while conventions are vital for democratic stability, they rely on trust, a resource that is increasingly scarce.
Her journey into this field began with a shift in academic focus, moving from law to political theory and eventually to constitutional theory. This path led her to explore how much of governmental function depends on “rules of good behavior” rather than enforceable laws.
Shuttleworth’s work serves as a reminder that many citizens, and even politicians, have only a superficial understanding of the conventions that underpin their governments. Her ultimate goal is to determine if these conventions can survive in the modern political landscape and to explore the potential consequences if they cannot.