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Dicey noted a difference between the "conventions of the constitution" and the "law of the constitution". The "essential distinction" between the two concepts was that the law of the constitution was made up of "rules enforced or recognised by the Courts", making up "a body of 'laws' in the proper sense of that term."
Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism, and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the ...
A codified constitution is a constitution that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, but consists of several different sources, which may be written or unwritten.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government ...
Comparative constitutional law involves the systematic comparison of constitutional norms, governmental institutions, and political practices across different nations. This field examines similarities and differences in governmental structures, fundamental rights, judicial systems, and relationships among various branches of the State.
The study examined more than 700 federal constitutions from nearly 200 countries. "Rather than leading the way for global constitutionalism, the U.S. Constitution appears instead to be losing its appeal as a model for constitutional drafters elsewhere," the researchers write.
A convention, also known as a constitutional convention, is an uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution.
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...