ABSTRACT
This chapter examines why constitutional law is a limitation upon rationality, and, furthermore, whether constitutions are perhaps greater limitations upon rationality than other law. Law is a limitation upon rationality. The idea that court opinions and herrschende Lehre are the only rational interpretations of law is a fiction, as is proved by the existence of concurring and dissenting opinions, as well as by the fact that court decisions are constantly overruled and herrschende Lehren are always replaced. Customary or common law is a limitation upon rationality. Just as the adherents of customary law claimed the greater rationality of that law vis-a-vis natural law, in a like manner the friends of codified law have claimed that theirs is the most rational law of all. A convenient way of proving that constitutions are- limitations upon rationality is the formalistic one of simply showing that they consist of written, customary, or natural law, or of combinations thereof.
