Against Written Constitutionalism
Otago Law Review, (2015) Vol. 14, No. 1
14 Pages Posted: 10 Apr 2017
Date Written: 2015
This paper limits itself to the democratic world and then argues against American-style written constitutionalism and in favour of a New Zealand-style unwritten constitutional arrangement. The author contends that the usual arguments Americans make for powerful judges exercising strong judicial review on the basis of interpreting a written constitution are not as persuasive as they are generally assume to be.
Keywords: unwritten constitution, bills of rights, powerful judges, strong judicial review, constitutional interpretation
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