ABSTRACT
We have already noted that the sources of our constitutional law are both legal and non-legal. A legal rule is one capable of enforcement in a court of law. A non-legal rule is not capable of enforcement in a court of law, although judicial recognition of the existence of the rule may affect the outcome of a court case. Examples of this can be seen in the cases of Liversidge v Anderson (1942), Carltona v Commissioner of Works (1943), Attorney General v Jonathan Cape (1976) and R v Home Secretary ex parte Oladehinde (1991).
