ABSTRACT

Freedoms are not absolute under the unwritten constitution, but it is largely the unwritten constitution, rather than the reservation clauses of the written one, that determines where the lines are drawn. The method of public policy-making in the United States has undergone a fundamental change in the past decade without the change having been widely commented on. The great anomaly in the Court's new method of constitution-making is that while nine judges can draw up a fixed constitutional provision, without the authority of a hard constitutional consensus, their decision cannot be reversed except on the authority of a hard constitutional consensus. Everyone knows that constitutions may be written, as in the United States, or unwritten, as in Great Britain. Finally, the matters that fall under the heading of a society's character or credo are largely the concern, in the United States anyway, of our unwritten constitution.