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What a constitution is: definition, classification and sources

LUG-104 Constitutional Law-I, Unit I: Definition and classification of a constitution. · LLB · 60 min

The opening lecture of the paper. It defines a constitution, separates the document called the "Constitution of India" from the wider subject called "constitutional law", and works through the standard classifications: written and unwritten, rigid and flexible, federal and unitary, enacted and evolved. It closes with a first look at the five sources of constitutional law (text, organic laws, rules of procedure, judicial decisions, conventions), which Lecture 2 develops. The 2023-24 paper asked students to differentiate constitutional law from the Constitution; this lecture answers that question directly.

Objectives

Slides

  1. What is a constitution? The classical definitions
  2. Constitution v constitutional law
  3. Written and unwritten constitutions
  4. Rigid and flexible constitutions: Dicey's and Bryce's tests
  5. Federal and unitary constitutions
  6. Enacted and evolved; and the other pairs
  7. Sources of constitutional law: an overview
  8. Where the Indian Constitution came from: borrowed features
  9. Is the Indian Constitution rigid or flexible? The record
  10. How the examiner asks it

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