As the next IACL Roundtable approaches, convenors Rosalind Dixon and Adrienne Stone reflect on the theme for the Roundtable “The Invisible Constitution”:
Our interest in the “Invisible Constitution” partly springs from the experience of Australian constitutionalism where the courts have developed extensive doctrines derived from the textually sparse Constitution. Indeed, the ‘invention’ of unwritten rights of freedom of expression in 1992 was something of a blockbuster moment in Australian constitutional law although it has turned out that the unwritten ‘due process rights’ have been more significant over the last fifteen or so years.
These kinds of ‘unwritten’ rules have attracted a lot of attention and raise particular problems about legitimacy. But in fact unwritten rules of various kinds are a pervasive feature of constitutionalism. The interpretation of constitutional text is a central feature of constitutional systems throughout the world. Even ‘unwritten’ constitutions (like New Zealand’s and the United Kingdom’s) are…
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Pensamientos de Derecho Constitucional 