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What really needs to be done here is to disaggregate the um-brella concept of unwritten constitutional law. Overwhelmingly, the voluminous debate on this subject has concerned the existence and legitimacy of unwritten constitutional rights, with the paradigm case being, say, Roe v.
- Jed Rubenfeld
- 2001
Oct 13, 2022 · The unwritten constitution of the United States includes the Aristotelian and Gödelian Constitutions, the various constitutions in and outside of the courts, and the features of distinctive constitutional regimes.
As esteemed legal scholar Akhil Reed Amar explains in America’s Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it—in the vast trove of values, precedents, and practices that complement and complete the terse text.
American constitutionalism. Like a miniature Grand Canyon, the written Constitution exposes America’s colorful history to the eye of the ordinary observer. The document’s brevity and its intimate relation to America’s storyline make it a brilliant focal point drawing together ordinary twenty-first-century citizens coming from all directions.
Feb 1, 2016 · So, for example, in the United States unwritten constitutional law will be seen as generated by or ancillary to the written constitution—as implied by, 20 inferred from the structure of, 21 incorporated into, 22 supplemental to, 23 or a common law discourse initiated by, 24 the written constitution.
Abstract: America’s Unwritten Constitution is a prod to the profession to look for legal rules outside the Constitution’s text. This is a good thing, as outside the text there’s a vast amount of law—the everyday, nonconstitutional law, written and unwritten, that structures our government and society.
On the 17th century belief in a fixed unwritten constitution of immemorial antiquity, see J. POCOCK, supra note 32, at 30-55 (1957); on the influence of these ideas on the American revolutionaries, see T. COLBOURN, THE LAMP OF EXPERIENCE 25-39 (1965). law.
