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Black's Law Dictionary is the most frequently used legal dictionary in the United States. It was first published in 1891 by West Publishing, with the full title A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems. The dictionary defines constitutional law as that branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered.
| Characteristics | Values |
|---|---|
| Number of legal terms | 65,000+ |
| Language | English |
| Pronunciation guide | Yes |
| Case citations | Yes (in the 6th and earlier editions) |
| Nature of definitions | Derived from decided cases |
| Nature of content | Definitions, constructions, interpretations |
| Editions | 12th edition (latest) |
| Author of the first two editions | Henry Campbell Black |
| Publisher of the first edition | West Publishing |
| Year of publication of the first edition | 1891 |
| Full title of the first edition | A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems |
| Year of publication of the second edition | 1910 |
| Title of the second edition | A Law Dictionary |
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What You'll Learn
Constitutional monarchy
Black's Law Dictionary is the most frequently used legal dictionary in the United States. It was first published in 1891 by West Publishing, with the full title "A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems". The dictionary was authored by Henry Campbell Black, who wrote the first two editions before he died in 1927.
One of the terms defined in Black's Law Dictionary is "constitutional monarchy". This term refers to a form of government where a monarch or king/queen acts as the head of state, but their powers are limited by a constitution. The constitution outlines the fundamental principles that regulate the relationship between the government and its citizens, including the distribution of political and governmental authorities and functions. It also prescribes the plan and method according to which the public affairs of the state are to be administered.
In a constitutional monarchy, the monarch typically has a ceremonial and symbolic role, representing the country and its traditions, while the day-to-day governing is carried out by elected representatives, such as a prime minister and parliament. The constitution ensures that the monarch's powers are limited and defined, and it provides for the rights and liberties of the citizens.
Some examples of countries that are constitutional monarchies include the United Kingdom, Canada, Australia, New Zealand, and Japan. In these countries, the monarch is typically a figurehead who performs ceremonial duties, while the elected government holds the real power and governs according to the principles outlined in the constitution.
Constitutional monarchies often have a system of checks and balances in place to ensure that the powers of the monarch and the government are balanced and that the rights of citizens are protected. This may include an independent judiciary, a bill of rights, and a system of democratic elections.
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Constitutional rights
Black's Law Dictionary is the most frequently used legal dictionary in the United States. It was first published in 1891 by West Publishing, with the full title "A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems". The dictionary was authored by Henry Campbell Black, who also authored the second edition, published in 1910. Black died in 1927, and subsequent editions were titled Black's Law Dictionary.
The latest edition of Black's Law Dictionary contains over 65,000 legal terms, each clearly and precisely defined in plain English. One of the key features of the dictionary is its provision of a pronunciation guide for legal terms derived from Latin root words.
According to Black's Law Dictionary, constitutional rights are the personal, civil, and political rights of individuals that are guaranteed and secured by the constitution of a state or nation. These rights are protected against invasion by the government or any of its agencies. In other words, constitutional rights are the freedoms enjoyed by citizens under the protection of their country's or state's constitution.
The dictionary also defines constitutional law as the branch of public law that deals with the organisation and structure of government, the distribution of political and governmental authorities and functions, and the fundamental principles that regulate the relationship between the government and its citizens. It also includes the interpretation of constitutions and the validity of legal enactments, which are tested by their conformity to the fundamental law.
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Constitutional convention
Black's Law Dictionary, authored by Henry Campbell Black (1860–1927), is the most frequently used legal dictionary in the United States. The first edition was published in 1891 by West Publishing, with the full title "A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems".
The second edition, published in 1910, is now in the public domain and is widely reproduced online. The latest 12th edition contains over 65,000 legal terms, each clearly and precisely defined in plain English.
Now, according to Black's Law Dictionary, a "constitutional convention" is:
> A duly constituted assembly of delegates or representatives of the people of a state or nation for the purpose of framing, revising, or amending its constitution.
In other words, a constitutional convention is a gathering of elected representatives whose purpose is to propose amendments to, or revise, a nation's constitution.
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Constitutional liberty/freedom
Black's Law Dictionary, authored by Henry Campbell Black (1860-1927), is the most frequently used legal dictionary in the United States. The first edition was published in 1891 by West Publishing, and the dictionary has since been updated multiple times, with the latest edition containing over 65,000 legal terms.
Now, according to Black's Law Dictionary, "constitutional liberty or freedom" refers to the freedoms and rights enjoyed by citizens of a country or state under the protection of its constitution. These rights are guaranteed by the constitution and protected against invasion by the government or any of its agencies. In other words, it is the aggregate of personal, civil, and political rights that individuals are entitled to by virtue of being citizens of a particular country or state with a given constitution.
For example, in the United States, liberty is mentioned in the due process clauses of both the Fifth and Fourteenth Amendments to the Constitution. Here, liberty refers to freedom from arbitrary and unreasonable restraint upon an individual, encompassing more than just physical freedom, but also the freedom to act according to one's own will. The Supreme Court has elaborated on this concept in various cases, such as Meyer v. Nebraska, where it stated that liberty includes:
> " [...] the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men."
Similarly, in Bolling v. Sharpe, the Supreme Court affirmed that liberty:
> " [...] is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective."
In Ingraham v. Wright, the Court further clarified that liberty includes "freedom from bodily restraint and punishment" and "the right to be free from and to obtain judicial relief for unjustified intrusions on personal security." Thus, constitutional liberty or freedom encompasses a broad range of rights and freedoms that are protected by the constitution and guaranteed to citizens.
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Constitutional law
Black's Law Dictionary is the most frequently used legal dictionary in the United States. The dictionary was first published in 1891 by West Publishing, with the full title "A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems". The latest edition contains over 65,000 legal terms, each clearly and precisely defined in plain English.
According to the second edition of Black's Law Dictionary, constitutional law can be defined in three ways:
- That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered.
- That department of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.
- A constitutional law is one that is consonant to, and agrees with, the constitution; one which is not in violation of any provision of the constitution of the particular state.
The process of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreement, or the application of such subject to the case in question, is known as construction. Interpretation and construction are often used synonymously, but they are distinct. Interpretation is limited to exploring the written text, while construction may call in the aid of extrinsic considerations. Strict construction is the construction of a statute or other instrument according to its letter, which recognizes nothing that is not expressed.
Black's Law Dictionary is a valuable resource for lawyers and scholars, providing a comprehensive collection of legal definitions. However, it is important to note that it is not a definitive source of law and should be used as a starting point rather than a place to end.
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Frequently asked questions
Black's Law Dictionary is the most frequently used legal dictionary in the United States. It contains definitions of terms and phrases of American and English jurisprudence, including international constitutional and commercial law.
Henry Campbell Black (1860–1927) wrote the first two editions of the dictionary. The first edition was published in 1891 by West Publishing, and the second in 1910.
There are currently 12 editions of Black's Law Dictionary, with the latest edition published in 2024.
Black's Law Dictionary contains over 65,000 legal terms, each defined in plain English. It also includes a pronunciation guide for terms derived from Latin root words.
