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3 - Constitutional sources

Published online by Cambridge University Press:  05 June 2012

Colin Turpin
Affiliation:
University of Cambridge
Adam Tomkins
Affiliation:
University of Glasgow
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Summary

In previous chapters we have seen that for a true view of the constitution we must take account of its rules, its institutions, and its ‘ideas’ or theories. In this chapter we outline the various sources of the British constitution and, in particular, the sources of the rules of the constitution. Some of these are legal rules, making up the ‘law of the constitution’; others are rules of practice, known as ‘constitutional conventions’. During the course of the chapter, we shall ask what are the distinctive features of constitutional laws and conventions, and we shall consider the relationship between these two kinds of rules.

Legal rules

Dicey (Law of the Constitution (1885), p 203) held it to be one aspect of the rule of law in England that:

the principles of private law have with us been by the action of the courts and Parliament so extended as to determine the position of the Crown and of its servants; thus the constitution is the result of the ordinary law of the land.

Dicey's statement needs qualification. It fails to take account of the extraordinary powers deriving from the royal prerogative, or of the ‘law and custom of Parliament’, which has developed separately from the ‘ordinary’ law.

Type
Chapter
Information
British Government and the Constitution
Text and Materials
, pp. 138 - 179
Publisher: Cambridge University Press
Print publication year: 2007

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  • Constitutional sources
  • Colin Turpin, University of Cambridge, Adam Tomkins, University of Glasgow
  • Book: British Government and the Constitution
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802904.004
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  • Constitutional sources
  • Colin Turpin, University of Cambridge, Adam Tomkins, University of Glasgow
  • Book: British Government and the Constitution
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802904.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Constitutional sources
  • Colin Turpin, University of Cambridge, Adam Tomkins, University of Glasgow
  • Book: British Government and the Constitution
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511802904.004
Available formats
×