The Codified Constitution
The Codified Constitution
This concluding chapter argues that constitutional law can and should move from the common-law constitution to the codified constitution. This shift would have two principal components—one institutional, one legal. Institutionally, the power to develop and update constitutional law over time would be partially transferred from lawyer-judges on courts to non-lawyer-judges on courts and to non-lawyer non-judges in legislatures and elsewhere. Legally, constitutional law would increasingly take the form of positive enactments—both formal amendments and statutes.
Keywords: constitutional law, common law constitution, codified constitution, legislature, formal amendment, statute
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