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bartreadyesterday at 10:38 PM3 repliesview on HN

There is something to be said for your written constitution though: having the fundamental principles on which your nation is founded enshrined in that way should, at least in theory, make it a lot easier to settle arguments (though in practice, and particularly recently, that does seem not to be the case). Constitutional wrangling in the UK is always really fraught though because it's all done by precedent and is therefore incredibly hard work to get to a clear understanding of what the situation really is.


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runakotoday at 5:39 AM

The USA's written constitution should not be used as an exemplar of written constitutions in general because the founders didn't even enforce it the day after it was ratified. It took a civil war to even turn towards the words as written. The document itself was more aspirational than a reflection of how the founders intended to live and govern.

As a result of all of that, we have developed a culture of sophistry around simple words. We pretend the Constitution binds us, but in practice the structures that govern the country are much more opaque and therefore more difficult to change.

(This is why every so often we have to ratify a new amendment codifying rights that are clearly enumerated in the articles of the Constitution or in an earlier amendment. At some point, the sophistry tips over and we have to amend it to say what was plainly written in at some earlier point.)

scjyesterday at 10:51 PM

The Canadian Charter of Rights and Freedoms was established in 1982. We're still in the process of figuring out what it means (and as a living document, the interpretation will change over time).

It's messy. But I'd much rather that than need to ask "What would Pierre Trudeau think of this situation?"

inglor_czyesterday at 11:29 PM

Well, SCOTUS sometimes produces really weird Humpty-Dumpty explanations for very common words.

Such as that growing marijuana plants in your own home for your own consumption influences interstate commerce and is therefore within powers of the Congress to regulate/ban.

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