Unwritten constitutional principles pose a number of interesting puzzles, some of which are unique to their unwritten status, some of which are shared with all principles, unwritten and written, legal and non-legal. Using examples from the Canadian constitutional system, this blog post examines what principles are before going on to consider how they work. Its observations are intended to be of general, cross-jurisdictional relevance.
Ein föderaler Flickenteppich und jetzt auch noch Vorgaben aus Europa: Der nun veröffentliche Gesetzesentwurf für ein Gewalthilfegesetz könnte endlich den Ausbau von Schutzunterkünften bundesweit massiv vorantreiben und für Klarheit in der Finanzierungsfrage sorgen. Wenn er sich traut, ambitioniert zu sein. Insbesondere hinsichtlich der bisher großzügigen Fristenregelungen und der unklaren Beteiligung des Bundes an den Ausbaukosten besteht jedoch noch Nachbesserungsbedarf.
After yesterday's elections, the French Fifth Republic steps into uncharted waters. In the short term, France’s role at the heart of EU integration and as a key supporter of Ukraine remains steadfast. This stability is impressive, given most predictions. However, this new phase of French politics will be fragmented and fluid, demanding a recalibration to find a stable equilibrium while countering the far right. French moderate parties face a tough road ahead. Their success or failure will not only shape France’s future but also reverberate beyond its borders.
Unwritten principles serve crucial purposes in the UK’s constitution. For example, they provide guardrails for judicial interpretation of legislation, and they form or give rise to substantive rules about the limits of legislative, judicial and executive power. With a growing body of research on unwritten constitutionalism, it is worth considering why these issues matter, and what is at stake in the debate. This post considers two issues which it argues can only be properly understood once regard is paid to the unwritten principles and norms in the UK’s constitution: the limits of Westminster’s legislative power, and the nature of the UK’s territorial constitution.
As the storm of ICC Chief Prosecutor Karim Khan’s request for arrest warrants loomed and landed on Israeli Prime Minister Netanyahu and his Defence Minister Yoav Gallant, ardent supporters of Israel within the U.S. and U.K. governments and beyond appear to have seized upon a jurisdictional objection. U.S. Secretary of State Antony Blinken is reported as saying that the “ICC has no jurisdiction over this matter.” The U.K. Foreign Secretary David Cameron is reported to have said the same thing. There is a basic flaw, though, in the treaty-based objection to the ICC jurisdiction as has been made. It ignores the nature of the mandate of international criminal tribunals as mechanisms for the effective preservation of the basic fabric of the international order.
Canada's Constitution sits somewhere between the paradigms of a fully codified written and partially codified unwritten constitutional order. This blog post explains why the differentiation between the written and unwritten matters for our understanding of Canada's constitutional system with a view to terminological, institutional, proceduaral, and policial questions.
Focussing on “writtenness” can sharpen our sensibility of how liberally the German legal system allows the Federal Constitutional Court, as well as other courts, to acknowledge legal norms or principles whose textual basis in the Grundgesetz is far from obvious – which in other jurisdictions might be put into the area of norm-free, principle-oriented argumentation, i.e. whose constitutional quality is being problematized.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which aims to eradicate all forms of discrimination based on sex and gender, is an indispensable treaty for women and girls worldwide. Given its profound impact, today’s sphere of international human rights law would look vastly different. But few people know that the CEDAW treaty was preceded by a 1967 draft by Annie Ruth Jiagge.
Which principles govern?
Welche Prinzipien gelten nun?
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters