1st Edition

Unwritten Constitutional Norms Theory and Implementation Beyond the Written Framework

Edited By Piotr Mikuli Copyright 2027
330 Pages
by Routledge

Primarily exploring political systems outside the Anglosphere, this book conducts a theoretical and comparative analysis of unwritten constitutional norms, focusing on their role in legislative and executive functions, as well as their recognition by the judiciary. It provides an in-depth exploration of selected contexts in which unwritten norms operate across a wide range of constitutional... Read more

1. Introduction

Piotr Mikuli

Part I: Theoretical and Comparative Insights

2. Unwritten constitutional rules and their potential within a written constitution’s operation

Piotr Mikuli and Radosław Puchta

3. Constitutionalism’s informal turn: Some issues

Brian Christopher Jones

4. Constitutional appropriateness, unwritten norms and the hermeneutic circle

John McGarry

5. Constitutional customs, conventions, and unwritten legal norms within the legislative power

Łukasz Jakubiak and Natalie Fox

6. Constitutional conventions and other unwritten norms within the executive power and systems of government

Łukasz Jakubiak and Aleksandra Dębowska

7. Unwritten constitutional norms in the EU legal order: Constitutional resilience through evolving constitutionalisation

Katja S. Ziegler

8. Unwritten fiscal constitutions and the foundations of state budgeting

Grzegorz Kuca

Part II: Unwritten Constitutional Norms and the Constitutional Systems

9. The parliamentary dissolution in France and the United Kingdom: How constitutional practices reinforce executive domination

Basile Ridard

10. Competences, fundamental rights and parliamentary conventions in the unwritten German constitution

Robert Böttner

11. Unwritten constitutional principles and implicit normativity in Italy: A multilevel perspective

Arianna Vedaschi

12. Debating the status of unwritten constitutional norms in Spain

Mauro Arturo Rivera León and Ángel Aday Jiménez Alemán

13. The issue of unwritten constitutional norms related to the right to pardon in Poland

Agnieszka Bień-Kacała

14. Constitutional conventions in Czechia

Michal Kubát and Miloš Brunclík

15. Unwritten constitutional norms in Hungary

Nóra Bán-Forgács and Fruzsina Gárdos-Orosz

16. How to amend the unwritten Romanian constitution

Marieta Safta

17. Unwritten role of constitutional law and its impact on judicial independence in Serbia

Marina Matić Bošković and Jelena Kostić

18. The intricacies of unwritten constitutional norms: Concluding thoughts

Piotr Mikuli

Biography

Piotr Mikuli is Full Professor of Law at the Jagiellonian University in Kraków, Poland, and the Chair of the Department of Comparative Constitutional Law.