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The Roman Republic and Great Britain –some remarks on the unwritten constitution

Av: Medverkande: Materialtyp: ArtikelUtgivningsinformation: Wydawnictwo Uniwersytetu Łódzkiego electronic [Imprint] 2022Innehållstyp:
  • text
Medietyp:
  • computer
Bärartyp:
  • online resource
ISBN:
  • 9788382208580
  • 9788382208597
Ämnen: Onlineresurser: Sammanfattning: In the book, the Authors propose a new look at the subject of an unwritten constitution. Analyzing the historical examples of the Roman Republic and England (Great Britain), they indicate that the unwritten constitution is characterized by three features. First, it has the character of a historical constitution. This means that the main way to legitimize it is through ancient origins. Secondly, an unwritten constitution has a political nature - it derives from the practice of the political system. Constitutional changes are forced by the occurrence of a political or social crisis, or significant social changes that cannot be solved within the current constitutional status quo. Third, the consequence of the above mentioned features is the unique nature of the sources of an unwritten constitution, which consists of norms of various character, usually not having an ontologically uniform character.
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In the book, the Authors propose a new look at the subject of an unwritten constitution. Analyzing the historical examples of the Roman Republic and England (Great Britain), they indicate that the unwritten constitution is characterized by three features. First, it has the character of a historical constitution. This means that the main way to legitimize it is through ancient origins. Secondly, an unwritten constitution has a political nature - it derives from the practice of the political system. Constitutional changes are forced by the occurrence of a political or social crisis, or significant social changes that cannot be solved within the current constitutional status quo. Third, the consequence of the above mentioned features is the unique nature of the sources of an unwritten constitution, which consists of norms of various character, usually not having an ontologically uniform character.

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