Informal Constitutionalism and the Role of Politics

The author first considers the nature of constitutionalism and how best to understand that concept, arguing that it is about locking things in and opting (comparatively speaking) for certainty over flexibility. He then considers how close this notion is to paternalism and raises the possibility of an Australian-style no-bill of rights written constitution. He then turns to look at informal constitutionalism which is most obvious in a New Zealand-style unwritten constitution or parliamentary sovereignty set-up. The paper concludes by examining the role of politics in constitutionalism, of both the written and unwritten varieties.

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Bibliographic Details
Main Author: Allan,James
Format: Digital revista
Language:English
Published: Instituto de Ciências Jurídico-Políticas (Faculdade de Direito da Universidade de Lisboa) 2018
Online Access:http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2018000300006
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