What is Constitutional Law?

  • Created by: phoebs.b
  • Created on: 24-03-18 13:53

Definition of Constitutional Law

A.V. Dicey - '... the other set of rules consist of conventions, understandings, habits or practices which, though they may regulate the conduct of several members of the sovereign power, of the Ministers, or of other officials, are not in reality laws at all since they are not enforced by the courts. This portion of constitutional law may, for the sake of distinction, be termed 'the conventions of the constitution', or constitutional morality...' (Introduction to the Study of the Law of the Constitution (1885))

Sir Ivor Jennings - '... the short explanation of the constitutional conventions is that they provide the flash that clothes the dry bones of the law; they make the legal constitution work; they keep it in touch with the growth of idea...' (The Law and the Constitution (1959)) 

KC Wheare - '... a binding rule, a rule of behaviour accepted as obligatory by those concerned in the working of the constitution...' (Modern Constitutions (1951)). He also expressed that constitutions were written or unwritten, flexible or rigid, monarchical or republican, unitary or federal, whether the legislature or the constitution is supreme, and is based/is not based on the separation of powers. 

Colin Munro…


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