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Question

Difficulty: MediumConcept, Sources, and Functions of Constitutions

When a constitutional court resolves a legal ambiguity by relying on written analytical commentaries and legal treatises authored by renowned jurists, which source of constitutional law is being utilized?

  1. Works of authorityAnswer
  2. B
    Constitutional conventions
  3. C
    Judicial precedents
  4. D
    Statutory enactments

Answer

Works of authority represent the source of constitutional law consisting of writings and treatises by eminent jurists and political scholars.
Works of authority are acknowledged written publications, legal treatises, and commentaries by respected political scientists and legal scholars. They serve as persuasive secondary sources when judges and legal experts interpret complex or ambiguous constitutional provisions.

Step-by-Step Solution

1
Identify the core characteristic of the constitutional source described in the stem.
The source consists of legal commentaries and scholarly treatises written by eminent jurists to clarify legal ambiguities.
Constitutional sources are categorized based on their origin, such as legislative acts, judicial decisions, unwritten customs, or authoritative academic writings.
2
Distinguish between judicial decisions, legislative statutes, customs, and scholarly juristic writings.
Scholarly juristic writings that hold persuasive legal value are classified specifically as works of authority.
Renowned authors like A.V. Dicey provided authoritative guidance on fundamental constitutional concepts such as the Rule of Law and parliamentary sovereignty.

Key Concept

Sources of Constitutions: Works of Authority
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Topics

Concept, Sources, and Functions of Constitutions