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Question

Difficulty: Very hardConcept, Sources, and Functions of Constitutions

Arrange the following sources of constitutional law in descending order of their formal legal authority, from the supreme binding authority to the least binding persuasive source.

  1. 1Written Constitutional Text
  2. 2Statutory Enactments (Acts of Parliament)
  3. 3Judicial Precedents (Case Law)
  4. 4Constitutional Conventions
  5. 5Writings of Constitutional Scholars

Answer

The correct descending order of formal legal authority is: Written Constitutional Text, Statutory Enactments (Acts of Parliament), Judicial Precedents (Case Law), Constitutional Conventions, and Writings of Constitutional Scholars.
The written constitutional text holds supreme legal authority and overrides all ordinary laws. Statutory enactments rank second as formal legislation enacted under constitutional authorization. Judicial precedents hold binding legal authority when interpreting constitutional and statutory texts. Constitutional conventions are politically binding unwritten usages that guide government conduct but are non-justiciable. Writings of legal scholars serve merely as persuasive secondary commentary and possess no formal legal bindingness.

Step-by-Step Solution

1
Identify the supreme source of constitutional authority
The Written Constitutional Text ranks first.
Under constitutional democracy, the codified constitution is the grundnorm and supreme legal instrument.
2
Determine the position of enacted legislation
Statutory Enactments rank second.
Acts of Parliament are formal laws enacted pursuant to constitutional powers.
3
Evaluate judicial rulings
Judicial Precedents rank third.
Court judgments provide legally binding interpretations of statutory and constitutional provisions.
4
Assess unwritten custom and convention status
Constitutional Conventions rank fourth.
Conventions govern political behavior and are politically binding, but lack formal judicial enforceability.
5
Place legal treatises and commentaries
Writings of Constitutional Scholars rank last.
Academic treatises are strictly persuasive secondary references without binding legal authority.

Key Concept

Hierarchy of authority among formal and informal constitutional sources
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Topics

Concept, Sources, and Functions of Constitutions