Stability in Flexibility: A British Lens on Constitutional Success

Assessing Constitutional Performance (Thomas Ginsburg & Aziz Huq, eds., Cambridge University Press, 2016, Forthcoming)

Northwestern Public Law Research Paper No. 16-12

23 Pages Posted: 3 May 2016 Last revised: 25 May 2016

Date Written: 2016

Abstract

This chapter challenges Ginsburg & Huq’s schema of constitutional success as presented in the book, Assessing Constitutional Performance. It argues that the unique constitutional dynamic in the United Kingdom - a co-existence of constitutional success and constitutional crisis - highlights a key variable omitted in their calculations: the effective management of constitutional change, or the balance between stability and flexibility in constitutional arrangements. The British experience suggests a contextualized assessment of that balance is a necessary element for establishing constitutional success from a functional perspective.

Keywords: constitutional change, British constitution, conventions, codification

Suggested Citation

Delaney, Erin F., Stability in Flexibility: A British Lens on Constitutional Success (2016). Assessing Constitutional Performance (Thomas Ginsburg & Aziz Huq, eds., Cambridge University Press, 2016, Forthcoming) , Northwestern Public Law Research Paper No. 16-12, Available at SSRN: https://ssrn.com/abstract=2773368 or http://dx.doi.org/10.2139/ssrn.2773368

Erin F. Delaney (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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