Republika Rzymska i Wielka Brytania – kilka uwag na temat konstytucji niepisanej
Tomasz Tulejski i Tomasz BanachWe are pleased to present a new publication authored by Professor Tomasz Tulejski and Dr. Tomasz Banach. The authors offer a new perspective on the subject of the unwritten constitution. Analyzing historical examples from the Roman Republic and England (the United Kingdom), they identify three key characteristics of an unwritten constitution. First, it is a historical constitution, meaning that its primary source of legitimacy is its ancient origin. Second, an unwritten constitution has a political character, deriving from the practices of a given political system. Constitutional changes are driven by the occurrence of political or social crises or significant societal changes that cannot be addressed within the existing constitutional status quo. Third, as a consequence of these features, the sources of an unwritten constitution are unique, consisting of norms of various types, usually heterogeneous in their ontological nature.
