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Part II Ideas, Ch.9 Constitution

Mark Tushnet

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Definitions of the term ‘constitution’ abound. According to Dicey, a constitution consists of ‘all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state’, including ‘all rules which define the members of the sovereign power, all rules which regulate the relation of such members to each other, or which determine the mode in which the sovereign power, or the members thereof, exercise their authority.’1 For Cooley, a constitution is ‘the body of rules and maxims in accordance with which the powers of...
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