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Untangling the Constitutional Labyrinth
2010
Bond Law Review
The tradition of analytical jurisprudence, from John Austin and Hans Kelsen onwards, highlights, in all its complexity, the basic notion that constitutions constitute a 'higher law' governing all forms of authoritative legal enunciations and performances. In a sense, a constitution is an 'attempt by the society to limit itself to protect the values it most cherishes' . In fact, it is an attempt by the society 'to tie its own hand, to limit its ability to fall prey to weaknesses that might harm
doi:10.53300/001c.5549
fatcat:kbk5nr2drndgrd2dusbvpg6yku