The Rise and Recognition of Constitutional Statutes

Abstract

The common law world of constitutionalism is often divided and analysed according to the presence or absence of a ‘capital-C constitution’. 1 On one side of the aisle sits countries such as Australia, Canada and the United States with a document called ‘the Constitution’ that has certain attributes (enactment by means of a special procedure, entrenchment against subsequent amendment or repeal and superiority over ordinary laws) and on the other side sits countries such as Israel, 2 New Zealand and the United Kingdom without such a document. While forms of government can be distinguished along a number of lines (e.g., federal versus unitary states, presidential versus parliamentary systems), ..