In a constitutional democracy operating under the principle of constitutional supremacy, a legal dispute occurs when an unwritten, long-standing constitutional convention directly conflicts with an unambiguous provision of a newly enacted statutory law. How is this legal conflict resolved under constitutional law, and what key principle governs the judicial enforceability of these constitutional sources?
- The statutory law takes legal precedence because constitutional conventions, despite their normative political weight, are non-legal customs that cannot be directly enforced by courts of law.Answer
- BThe constitutional convention permanently invalidates the statutory law because conventions embody the legal sovereignty of the electorate, which strictly supersedes legislative enactments.
- CThe judiciary automatically suspends the statutory law to preserve checks and balances between customary practice and legislative power.
- DThe executive holds inherent authority to issue decrees upholding conventions above statutory enactments whenever political customs are threatened.
Answer
The statutory law takes legal precedence because constitutional conventions, despite their normative political weight, are non-legal customs that cannot be directly enforced by courts of law.
Constitutional conventions are informal, unwritten rules of political practice that dictate how formal legal powers should be exercised. While essential to the smooth operation of government, courts consistently rule that conventions are non-justiciable (not legally enforceable). Therefore, when a validly passed statutory law directly conflicts with a convention, the statutory law prevails in court because it possesses formal legal authority.
Step-by-Step Solution
Key Concept
Judicial Enforceability and Hierarchy of Constitutional Sources