The unwritten constitution in Britain and China

Thesis

This thesis is about the unwritten constitutions of Britain and China. Britain has no written constitution. China’s written constitution is a small part of its unwritten constitution. By comparing these two unusual constitutional orders, the thesis sheds light on the nature of the constitution, the way that written and unwritten constitutions interact and the relationship between the unwritten constitution and a theory of the state.

There is a strict sense in which we can describe the rules of a written constitution as constitutional. In contrast, when we describe unwritten rules as constitutional, we need to specify what we mean by ‘constitutional’. In this way, an inquiry into the unwritten constitution leads us to a substantive account of the constitution. This thesis considers how these two states develop that substantive account. In doing so, it reveals contrasting, unwritten theories of the state and of the constitution, which pose questions of general importance for constitutional theory.

Authors: Smith, E

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: UK; unwritten constitution; China
• Subjects: Jurisprudence; Constitution; Law; State, The