Rules of change revisited: a legal-realist exercise in a constitutional key

Abstract

This paper analyses the notion of rule of change introduced by H.L.A. Hart (hereafter HH) in The Concept of Law from the perspective of the theory of legal interpretation, constitutional theory and the theory of law. The aim is to reformulate HH's proposal in a constitutional key and to make a systematisation capable of providing tools for observing the phenomenon of regulated constitutional changes from a legal-realist perspective.