A Written Constitution: A Case Not Made

Jo Eric Khushal Murkens

Oxford Journal of Legal Studies, 2021, vol. 41, issue 4, 965-986

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.

Keywords: constitution; written; unwritten; codification; popular sovereignty; territorial constitution (search for similar items in EconPapers)
Date: 2021
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