The centrality and diversity of the invisible constitution

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

Abstract

A constitution – considered as a visible, written legal text – exists within a broader social and political context. This chapter argues that, to a significant extent, it is this context that gives the constitution and the laws made under it whatever legal force they have; but that this context is not (and cannot be) contained within it. Every constitution, therefore, has a crucial yet invisible aspect.
The argument of the chapter is a philosophical one. Its goal, however, is not purely philosophical. Rather, it is to show that considerations of analytic jurisprudence, and analytic philosophy more generally, suggest a sociological conclusion, namely, that each constitutional order must be its own particular thing, by virtue of its distinctive invisible elements.
Original languageEnglish
Title of host publicationThe Invisible Constitution in Comparative Perspective
EditorsRosalind Dixon, Adrienne Stone
Place of PublicationCambridge UK
PublisherCambridge University Press
Chapter5
Pages146-166
Number of pages21
Edition1st
ISBN (Electronic)9781108277914
ISBN (Print)9781108417570
DOIs
Publication statusPublished - 2018

Publication series

NameComparative Constitutional Law and Policy
PublisherCambridge University Press

Cite this

Emerton, P. (2018). The centrality and diversity of the invisible constitution. In R. Dixon, & A. Stone (Eds.), The Invisible Constitution in Comparative Perspective (1st ed., pp. 146-166). (Comparative Constitutional Law and Policy). Cambridge UK: Cambridge University Press. https://doi.org/10.1017/9781108277914.005
Emerton, Patrick. / The centrality and diversity of the invisible constitution. The Invisible Constitution in Comparative Perspective. editor / Rosalind Dixon ; Adrienne Stone. 1st. ed. Cambridge UK : Cambridge University Press, 2018. pp. 146-166 (Comparative Constitutional Law and Policy).
@inbook{6f5cf87fbef849a4b399101e0dd2478f,
title = "The centrality and diversity of the invisible constitution",
abstract = "A constitution – considered as a visible, written legal text – exists within a broader social and political context. This chapter argues that, to a significant extent, it is this context that gives the constitution and the laws made under it whatever legal force they have; but that this context is not (and cannot be) contained within it. Every constitution, therefore, has a crucial yet invisible aspect. The argument of the chapter is a philosophical one. Its goal, however, is not purely philosophical. Rather, it is to show that considerations of analytic jurisprudence, and analytic philosophy more generally, suggest a sociological conclusion, namely, that each constitutional order must be its own particular thing, by virtue of its distinctive invisible elements.",
author = "Patrick Emerton",
year = "2018",
doi = "10.1017/9781108277914.005",
language = "English",
isbn = "9781108417570",
series = "Comparative Constitutional Law and Policy",
publisher = "Cambridge University Press",
pages = "146--166",
editor = "Rosalind Dixon and Adrienne Stone",
booktitle = "The Invisible Constitution in Comparative Perspective",
address = "United Kingdom",
edition = "1st",

}

Emerton, P 2018, The centrality and diversity of the invisible constitution. in R Dixon & A Stone (eds), The Invisible Constitution in Comparative Perspective. 1st edn, Comparative Constitutional Law and Policy, Cambridge University Press, Cambridge UK, pp. 146-166. https://doi.org/10.1017/9781108277914.005

The centrality and diversity of the invisible constitution. / Emerton, Patrick.

The Invisible Constitution in Comparative Perspective. ed. / Rosalind Dixon; Adrienne Stone. 1st. ed. Cambridge UK : Cambridge University Press, 2018. p. 146-166 (Comparative Constitutional Law and Policy).

Research output: Chapter in Book/Report/Conference proceedingChapter (Book)Researchpeer-review

TY - CHAP

T1 - The centrality and diversity of the invisible constitution

AU - Emerton, Patrick

PY - 2018

Y1 - 2018

N2 - A constitution – considered as a visible, written legal text – exists within a broader social and political context. This chapter argues that, to a significant extent, it is this context that gives the constitution and the laws made under it whatever legal force they have; but that this context is not (and cannot be) contained within it. Every constitution, therefore, has a crucial yet invisible aspect. The argument of the chapter is a philosophical one. Its goal, however, is not purely philosophical. Rather, it is to show that considerations of analytic jurisprudence, and analytic philosophy more generally, suggest a sociological conclusion, namely, that each constitutional order must be its own particular thing, by virtue of its distinctive invisible elements.

AB - A constitution – considered as a visible, written legal text – exists within a broader social and political context. This chapter argues that, to a significant extent, it is this context that gives the constitution and the laws made under it whatever legal force they have; but that this context is not (and cannot be) contained within it. Every constitution, therefore, has a crucial yet invisible aspect. The argument of the chapter is a philosophical one. Its goal, however, is not purely philosophical. Rather, it is to show that considerations of analytic jurisprudence, and analytic philosophy more generally, suggest a sociological conclusion, namely, that each constitutional order must be its own particular thing, by virtue of its distinctive invisible elements.

U2 - 10.1017/9781108277914.005

DO - 10.1017/9781108277914.005

M3 - Chapter (Book)

SN - 9781108417570

T3 - Comparative Constitutional Law and Policy

SP - 146

EP - 166

BT - The Invisible Constitution in Comparative Perspective

A2 - Dixon, Rosalind

A2 - Stone, Adrienne

PB - Cambridge University Press

CY - Cambridge UK

ER -

Emerton P. The centrality and diversity of the invisible constitution. In Dixon R, Stone A, editors, The Invisible Constitution in Comparative Perspective. 1st ed. Cambridge UK: Cambridge University Press. 2018. p. 146-166. (Comparative Constitutional Law and Policy). https://doi.org/10.1017/9781108277914.005