Consuetudinary (Med. Lat. consuetudinarius, from consuetudo, custom), customary, a term used especially of law based on custom as opposed to statutory or written law. (See also: Oral law, Custom)
As a noun consuetudinary (Lat. consuetudinarius) is the name given to a ritual book containing the forms and ceremonies used in. the services of a particular monastery, cathedral or religious order.
Issues of the primacy of consuetudinarylaw and the authority of the legislature to overrule the judiciary in interpreting it remain controversial and unresolved.
Finally, it should be recognized that this brief description of the initial effort of the Navajo legislate to incorporate consuetudinarylaw into its code does not address larger questions about the codification of consuetudinarylaw in general.
Specifically, it does not address concerns about the effects of “freezing” consuetudinarylaw through codification, about regional variations in understandings of consuetudinarylaw, and about the temptation of elected legislators to distort the meaning of consuetudinarylaw to meet short-term political objectives.
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