lex non scripta


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lex non scripta

(nɒn ˈskrɪptə)
n
(Law) the unwritten law; common law
[from Latin]
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(2) The Framers themselves, we are told, understood constitutional rights in unwritten, natural-law terms, (3) drawing on the English lex non scripta and "ancient constitution" traditions (4) passed down to them by Blackstone and others.
The lex non scripta always was this way; the assertedly unwritten law always was expressed and elaborated in judicial reasoning.
(4.) On the English tradition of unwritten law, which married the idea of an "ancient" constitution with that of immemorial, customary common law, both understood as lex non scripta (unwritten law), see J.G.A.