The first such domestic feature is that we have no written, codified constitution, no single sovereign text. I cannot in this lecture
enter at length upon the issue whether we would be better with such a text. I will merely say that for my own part I do not think
we would, for three reasons. First, a written constitution tends to convert questions of substance into questions of interpretation.
Secondly, much time might be spent, and much heat generated, in debating whether the constitution should be treated as the
pure voice of the founding fathers or as a living instrument. Thirdly, the flexibility and adaptability of the common law may
be prejudiced. But here I am only concerned with an important consequence of our lacking such a sovereign text. It means that
the judges must bear a heavy responsibility for setting the balance between the two moralities. Parliament could legislate, but
the evolutive method of the common law is a better tool to fashion something so delicate. An Act of Parliament speaks all at
once and with a single voice, though of course it can speak again. The law speaks over time and with many voices.
The first such domestic feature is that we have no written, codified constitution, no single sovereign text. I cannot in this lectureenter at length upon the issue whether we would be better with such a text. I will merely say that for my own part I do not thinkwe would, for three reasons. First, a written constitution tends to convert questions of substance into questions of interpretation.Secondly, much time might be spent, and much heat generated, in debating whether the constitution should be treated as thepure voice of the founding fathers or as a living instrument. Thirdly, the flexibility and adaptability of the common law maybe prejudiced. But here I am only concerned with an important consequence of our lacking such a sovereign text. It means thatthe judges must bear a heavy responsibility for setting the balance between the two moralities. Parliament could legislate, butthe evolutive method of the common law is a better tool to fashion something so delicate. An Act of Parliament speaks all atonce and with a single voice, though of course it can speak again. The law speaks over time and with many voices.
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