The challenges of constitutional silence: Doctrine, theory, and applications. (9th November 2018)

• Record Type: Journal Article
• Authors: Albert, Richard; Kenny, David
• Is Part Of: International journal of constitutional law. Volume 16:Number 3(2018:Jul.)
• Page Start: 880
• Page End: 886
• Publication Date: 2018-11-09
• Subjects: Constitutional law -- Periodicals; 342.005
• DOI: 10.1093/icon/moy066
• Languages: English
• ISSNs: 1474-2640

Abstract

Abstract: In this introduction to our symposium on "Constitutional Silence, " we situate the articles in this collection and explore the significance of the phenomenon of constitutional silence in public law. The articles assembled here illustrate both the diversity of approaches to the subject of constitutional silence and the commonalities that run along the theme. The articles are each quite different from one another, addressing issues such as the problems of silences in constitutional texts, and the resistance of some courts to leaving spaces in which constitutional culture can evolve. Yet there is a common theme that unites them all: they explore the extent to which the unsaid is influential in constitutional law in ways that we have not yet fully explored.