Abstract

After introducing the concept of an "image of a constitution", Mr Conklin examines the federalism writings and judgments of Justices Pigeon and Beetz with a view to identifying the bounderies of their respective concepts of a constitution. He argues that their writings presuppose coherent answers to such boundaries as the role of a text as the primary source of law, the posited character of rules, rules as the starting point of constitutional analysis, the scientistic role of a lawyer, and a horizontal / vertical spectrum of posited rules. Mr. Conklin claims that their understanding of law collapses into a more primordial image of law whose boundaries we have for too long left unexamined.

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