The challenges of constitutional silence: Doctrine, theory, and applications

• Albert, Richard ^[1] ; Kenny, David ^[2]
  1. [1] University of Texas at Austin

     University of Texas at Austin

     Estados Unidos

     
  2. [2] Trinity College Dublin

     Trinity College Dublin

     Irlanda

     
• Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 16, Nº. 3, 2018, págs. 880-886
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • 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.