ABSTRACT

AN unsatisfactory feature of Dicey’s work on the Constitution is his treatment of the ‘conventions’ of the Constitution. In the earlier part of his work he distinguished between the enforceable rules of the Constitution and ‘the conventions of the Constitution’ or constitutional morality. The latter set of rules consists of

‘conventions, 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.’ 1