Jakub Pejzl

Constitutional Gaps

Constitutions leave things out. But not always by mistake. Some gaps buy the drafters time, some peace.

Planned Gap

Could Not Agree

Keep the original draft alive by staying silent

Known But Set Aside

Writing it down would have split the table

Deliberately Vague

Both sides could read it their way

Needs a New Deal

New constitutional paradigma needed

Accidental Gap

Could Not Foresee

New times bring new problems

Never on the Radar

No one ever thought of it as a problem

Gone Vague

Common ground was assumed, not established

Needs a Workaround

Close reading can close the gap


Readings

Publisher
Loughlin, M. — The Silences of Constitutions Oxford Tribe, L. H. — Constitutional Soundings and Silences Cambridge Albert, R. — Constitutional Gaps Oxford