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Report Thread starter 1 year ago
So in one of my Public Law lectures, the lecturer was talking about the power of constitutional conventions. One of the cases he referenced was Madzimbamuto v Lardner-Burke. Apparently, the Privy Council ruled that parliamentary sovereignty (a constitutional principle) takes priority over constitutional conventions. But here's the bit that's confusing.

How do you differentiate between a "constitutional principle" and a "convention"? They seem to both be equally abstract.

The answer I got when I asked that question at a tutorial was that the distinction (by distinction I mean the fact that constitutional principles are supreme authorities, whereas conventions aren't necessarily such) comes from Dicey's definition of constitutional principles, which just confused me even more. Did Dicey just describe the state of things or is his word taken as authoritative?

If he just described the de facto state, what legal authority did the Privy Council base its decision on? As far as I understand it, convention alone is not enough to reach a decision.

If his word is taken as the authority, then my question would be how the f*ck you can base an entire system of government on one scholar's writings?
Last edited by HarvestingSeason; 1 year ago
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Report 1 year ago
all the answers you're looking for and more can be found here.


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