Gee, G. and Webber, G. (2019) A conservative disposition and constitutional change. Oxford Journal of Legal Studies, 39 (3). pp. 526-552. ISSN 0143-6503
Abstract
What is a conservative disposition? And can it supply any insights into the UK’s changing constitution? We offer answers to these questions by identifying core elements of a conservative disposition and exploring how it offers contingent guidance to public lawyers striving to make sense of a changing constitution. Our goal is to show why a conservative disposition remains relevant to public lawyers, not despite but in large measure because the constitution is changing. We examine the disposition’s relationship with change and review how a conservative disposition offers open-ended guidance on when to pursue change, how to pursue it, how much of it to pursue at any point in time, and what reasons should motivate it. After evaluating arguments against the relevance of a conservative disposition to constitutional thought, we relate conservative arguments to two important proposals for constitutional reform: the withdrawal of the UK from the European Convention on Human Rights and a written constitution.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2019. Published by Oxford University Press. This is an author-produced version of a paper subsequently published in Oxford Journal of Legal Studies. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Conservatism; conservative disposition; problem of change; UK constitution; constitutional reform |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 04 Mar 2019 13:35 |
Last Modified: | 27 Apr 2021 00:38 |
Status: | Published |
Publisher: | Oxford University Press |
Refereed: | Yes |
Identification Number: | 10.1093/ojls/gqz010 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:143194 |