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A written constitution: a case not made

Murkens, Jo Eric Khushal (2021) A written constitution: a case not made. Oxford Journal of Legal Studies, 41 (4). pp. 965-986. ISSN 0143-6503

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Identification Number: 10.1093/ojls/gqab016

Abstract

Whether the UK needs a written constitution is a staple of British constitutional debates. Over the years, the fault lines have shifted from whether to incorporate a Bill of Rights to much deeper disagreement with respect to the people and the central power of the state. In this article I neither endorse the conservative case against a written constitution nor argue for the existing constitution to be codified. Instead, I first assess the content of various proposals for a written constitution. I then problematise the process of constitution making by asking not whether the UK constitution should be codified, but by relating the constitution to the people as the authors and to the state as its object.

Item Type: Article
Official URL: https://academic.oup.com/ojls
Additional Information: © 2021 The Author(s).
Divisions: Law
Subjects: K Law > KD England and Wales
J Political Science > JC Political theory
Date Deposited: 29 Mar 2021 08:39
Last Modified: 17 Jan 2022 11:30
URI: http://eprints.lse.ac.uk/id/eprint/109788

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