Download this Paper Open PDF in Browser

Can There Be a Written Constitution?

42 Pages Posted: 10 May 2009 Last revised: 27 Oct 2010

John Gardner

University of Oxford - Faculty of Law

Date Written: May 8, 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.

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

Suggested Citation

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

John Gardner (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Paper statistics

Downloads
2,347
Rank
4,267
Abstract Views
7,586