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Words: | Submitted: Tue Jun 20 2006
... constitutional conventions, (Allen and Thompson, 2002). A.V. Dicey (1965) defines constitutional conventions as: "...understandings, habits or practices which, though they may regulate the conduct of the several members of the sovereign power, of the Ministry, or of other officials, are not in reality laws at all since they are not enforced by the courts." (as cited in Carroll, 2002: 51). Since these conventions are not written down and are unenforceable through a court of law, the question of their effectiveness arises. The following discussion aims to consider how such a phenomenon has the ability to control discretion and monopolisation of power (or if indeed it does at all), and why apparently unenforceable rules are observed by those working within the constitution. Bradley and Wade (1990) point out that under every system of government, whether it has a written constitution or not, non legal rules will develop. However, they are especially significant in ...
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