Can There Be a Written Constitution?

Gardner, John

doi:10.2139/ssrn.1401244

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Can There Be a Written Constitution?

John Gardner

University of Oxford - Faculty of Law

May 8, 2009

Oxford Legal Studies Research Paper No. 17/2009

Abstract:
The existence of unwritten constitutions, such as that of the UK, strikes some as puzzling. However the existence of unwritten constitutions turns out to be easier to explain than the existence of written constitutions, such as that of the US. In this paper I explore, and attempt to answer, some tricky conceptual questions thrown up by written constitutions.

Number of Pages in PDF File: 42

Keywords: constitution, comparative, rule of recognition, H.L.A. Hart, amendment, delegation, interpretation

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Date posted: May 10, 2009 ; Last revised: October 27, 2010

Suggested Citation

Gardner, John, Can There Be a Written Constitution? (May 8, 2009). Oxford Legal Studies Research Paper No. 17/2009. Available at SSRN: http://ssrn.com/abstract=1401244 or http://dx.doi.org/10.2139/ssrn.1401244

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John Gardner (Contact Author)

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