The rule of recognition and the written constitution

Abstract

In this article the author deals with two concepts and with their relationship to each other. These are the Rule of Recognition and the written Constitution. One of the key concepts of Hart's jurisprudence is the idea that all legal rules are interconnected in a unified whole - a system of primary and secondary norms. The status of one rule as a part of that system is determined by a special category of social rules, called Rules of Recognition. The rule of recognition is the master rule that exists by virtue of the fact of social acceptance and which establishes criteria of validity for other legal rules. In the first part of this article, some of the essential properties of the rule of recognition as a theoretical concept are listed. The second part of the article outlines an account of the most important features of the concept of a written Constitution. Among these the most significant are supremacy, judicial protection, durability and rigidity. Finally the author offers a summary analysis of possible and necessary relations between the two concepts. Some concluding remarks refer to the problems concerning the validity of laws, the legitimacy and authority of a Constitution and to the overarching explanatory power of theoretical concepts.