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any constitutional scholars, political and moral philosophers, and social and political historians have described over the generations... the "unwritten Constitution," the subject of a classic study by William Bennett Munro published in 1930... "The Makers of the Unwritten Constitution,"... built on a still earlier and highly influential 1890 work by Professor Christopher G. Tiedeman... "The Unwritten Constitution of the United States." ...cholarly work ...lay largely forgotten until ...resurrected in the writing of ...scholars in the 1970s. The focus... responses to the supposedly problematic legitimacy of having unelected and politically unaccountable judges resort to unenacted norms of this "unwritten Constitution" when holding duly promulgated laws and executive actions "unconstitutional. (en) |
