Can There Be a Written Constitution?
University of Oxford - Faculty of Law
May 8, 2009
Oxford Legal Studies Research Paper No. 17/2009
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
Date posted: May 10, 2009 ; Last revised: October 27, 2010