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Law and the Limits of Reason$
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Adrian Vermeule

Print publication date: 2008

Print ISBN-13: 9780195383768

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195383768.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 02 July 2022

The Codified Constitution

The Codified Constitution

Chapter:
(p.187) Conclusion The Codified Constitution
Source:
Law and the Limits of Reason
Author(s):

Adrian Vermeule

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195383768.003.0006

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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