Constitutional change and the rule of recognition

Thesis

This thesis has two objectives. The first is to reflect on the social foundations of legal change, and of change in constitutional law in particular, by developing HLA Hart’s account of ultimate rules of recognition. It argues that any change in accordance with pre-existing ultimate rules of recognition should be viewed as meaningfully coming from within a legal system. This is so even if the change in question is not a result of an exercise of a legal power to make law. Thus, rules of rec...

Expand abstract

Authors: Barczentewicz, M

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: HLA Hart; constitutional change; philosophy of law; unconstitutional change; rule of recognition; jurisprudence; constitutional theory
• Subjects: Constitutional law; Philosophy; Law