Against Written Constitutionalism

Otago Law Review, (2015) Vol. 14, No. 1

14 Pages Posted: 10 Apr 2017

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Date Written: 2015

Abstract

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

Suggested Citation

Allan, James, Against Written Constitutionalism (2015). Otago Law Review, (2015) Vol. 14, No. 1 . Available at SSRN: https://ssrn.com/abstract=2949601

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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