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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Drafting of Constitutions

Joel I Colón-Ríos

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 October 2019

Borrowing and migration — Form and substance of constitution — Drafting — Principles and objectives of constitutions — Types of constitutions

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Constitutions are as old as law itself. Wherever there is a legal system, there is a set of rules that establishes the procedures for the creation of the law, and that regulate the relationship between those who make the laws and those who are subject to them. Those rules conform the constitution and, even if unwritten, they will be the product of human action ( codified / uncodified constitutions ). In that sense, all constitutions are made. This article is only concerned with a subset of constitutions: those that are written down through a formal...
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