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In positive law, it's literally "nothing exists outside the constitution". So, if the constitution is an unknown quantity, there is no rule of law. Now, if ther
by masswerk 3y ago
In positive law, it's literally "nothing exists outside the constitution". So, if the constitution is an unknown quantity, there is no rule of law. Now, if there is a constitution, but it is not to be known, it may be a positive system or not – either way, you can't tell…
Also, considering the case of a secret substitution: You're appealing to the supreme court, referring to the publicly known constitution, but your case is dismissed based on the notion that your appeal refers to an invalidated section, but you're not allowed to know, what the actual, valid section is. This is Kafka at his best.