Benchmarking
Constitutional Courts (Ohno School
of Law Symposium Paper).
Symposium
paper for book (symposium
organized by Matt Adler and Ken Himma, book for Oxford University
Press) on the relation between The Rule of Recognition and the
Constitution. My paper will consider the relation between the
Constitution's writtenness and the Rule of Recognition, and explore the
possibilty that the existence of a written Constitution "crowds out"
the unwritten constitution, which I identify with parts of the Rule of
Recognition in the United States. Draft will be posted here some
time in April 2008.