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Journal article

Top-down constitutional conventions

Abstract:

Many scholars think that all conventions of the constitution emerge from the bottom up, out of the practices of constitutional actors. Here we develop the first systematic account of conventions that are imposed from the top down, through prescriptions by constitutional actors. We show that ‘top‐down conventions’ (as we term them) can be created through the use of normative rule‐making powers; that powers of the right kind are sometimes conferred by ‘bottom‐up conventions’; that these powers ...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1111/1468-2230.12364

Authors


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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Brasenose College
Role:
Author
Publisher:
Wiley
Journal:
Modern Law Review More from this journal
Volume:
81
Issue:
5
Pages:
765-789
Publication date:
2018-08-31
Acceptance date:
2018-04-27
DOI:
EISSN:
1468-2230
ISSN:
0026-7961
Keywords:
Pubs id:
pubs:845772
UUID:
uuid:cd64fd68-8d9e-419c-8f72-114d414782dd
Local pid:
pubs:845772
Source identifiers:
845772
Deposit date:
2018-05-04

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