Sources of convention

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Created by: Law1133
Created on: 27-04-16 13:26

Coke - Common Law & Const.

Common law was the supreme arbiter of the constitution, the common law is a matter of reason.

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Coke - Man and Reason

No man ought to be wiser than the law, which is the perfection of reason

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Hobbes vs. Coke (Man/Reason)

Nothing special about lawyers' reasoning and refused to accept that custom and tradition in themselves carry any legal authority. The rule of law derives from authority, subject to natural reason which is available to everyone.

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Dicey - Practices vs Conventions

The other set of rules consist of conventions, understandings, habits or practices which, though they may regulate the conduct of members of the sovereign power, of the Ministry, or of other officials, are not laws as they're not enforced by courts

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Kenneth Wheare - Conventions

Conventions = a rule of behaviour accepted as obligatory by those concerned in the working of the constitution

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Munro - Conventions and Law

A breach of law does not call into question its validity. Individual laws don't rest on consent, a disregarded law is still a valid law. A law doesn't lapse if it becomes obsolete, yet a convention can disappear if it isn't followed or is broken.

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Jennings - Fuctionalist

Law and conventions rest ultimately on public acquiescence and serve the same function - social control

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Other cards in this set

Card 2

Front

Coke - Man and Reason

Back

No man ought to be wiser than the law, which is the perfection of reason

Card 3

Front

Hobbes vs. Coke (Man/Reason)

Back

Card 4

Front

Dicey - Practices vs Conventions

Back

Card 5

Front

Kenneth Wheare - Conventions

Back

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Sources of convention