Constitutional and Administrative Law 16 (d) Conventions relating to the Commonwealth. (i) The Governor-General of a Commonwealth country should not be appointed by the Queen unless advice has been taken from the country concerned. (ii) The UK Parliament should not legislate for an independent Commonwealth nation unless that state has requested and consented to it. (Note too: Statute of Westminster 1931, s 4.) 2.2.3 Purpose/Rationale of Conventions (a) They are a flexible means of changing and developing the constitution informally. According to Jennings, conventions 'fill in the gaps' in the UK's constitution. (b) They define powers, regulate the authority of the Crown and underpin the operation of the Cabinet system. (c) They regulate internal relations between the House of Lords and Commons. (d) They also regulate relations between the UK and other members of the Commonwealth. (e) They help to control and provide accountability of the Executive. (See Chapter 3 on ministerial responsibility.) Activity point Refer back to your thoughts on the royal assent. Apply Jennings' three stage test and see if you can justify the existence of this convention. Loveland pages 277-278 may assist you. Pick two conventions from the list above and apply Jennings' three stage test to them. 2.2.4 Courts and Conventions As non-legal rules, the courts are prepared to recognise conventions, but will not enforce them. Carltona v Commissioner of Works [1943] 2 All ER 560 The key issue in this case was that the Commissioner of Works had unfairly delegated his power to requisition property to a relatively minor official. Lord Greene MR referred to the relevant convention or principle as follows: 'The whole system of departmental organisation and administration is based on the view that ministers, being responsible to Parliament, will see that important duties are committed to experienced officials. If they do not do that, Parliament is the place where complaint must be made against them.'