Defending the nous of un compose law has never been easy. Jeremy Bentham thought the very expression to be a inconclusive and unmeaning epithet. In his view, social reform required decided and accurate lawsâ€"laws that [w]e see, we hear, we touch; in short we handle… This existential concept of law follows from the ideal of law as something produced by apprised acts of sovereign will. Central to this concept are, to use H.L.A. stags expression, rules of change that permit societies to escape the confines of indigenous custom. The progressive march of legal theory, it may be said, has been by from medieval notions of law as customs practiced conviction out of mind or as the immutable dictates of intrinsic law, away from the fiction that judges discover rather than reach out law, and towards modern notions of law as creative political acts preserve in writing.
In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are frequently said to have reached first. It was a task especially mute to the American people, wrote Alexander Hamilton, to demonstrate to the world that constitutions might be established through reflection and choice rather than misfortune and force.
In contrast to the unwritten British constitution, about which on that point was nothing visible, nothing real, the United States Constitution was a certain and fixed law delineated by the right hand of the people, the work or will of a populace acting in its original, sovereign, and unlimited capacity. Its integrity lay not just in the hope of certainty that the prospect of a written instrument nourished, but in like manner in the idea that this instrument was the product of a conscious and collective political actâ€"a compact, as John Jay observed, deliberately formed, maturely considered, and solemnly adopted by the will of the people. Like written law in general, written constitutional law manifests the...If you want to get a adequate essay, order it on our website: Orderessay
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