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"Constitution and normative hierarchy" [2019] ELECD 1062; in Orakhelashvili, Alexander (ed), "Domesticating Kelsen" (Edward Elgar Publishing, 2019) 83

Book Title: Domesticating Kelsen

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Constitution and normative hierarchy

Number of pages: 66

Abstract/Description:

Chapter 4 focuses on the nature of the unwritten constitution in English law and on the hierarchical arrangement of the law-making authority along with the analytical approach prioritised by the pure theory. Having identified the meaning of unwritten constitution, the chapter moves on to identify the patterns along which English law develops its own approaches regarding norm-creation, norm-contrariety and judicial review.