Soft Law: Lessons from Congressional Practice‪.‬

INTRODUCTION Soft law has taken the legal academy by storm. In constitutional law, a deluge of recent scholarship argues that the "small c" constitution of unwritten legal norms deserves as much attention as the "big C" written Constitution. (1) Scholars have devoted increasing attention to "the constitution outside the constitution"--extraconstitutional or subconstitutional norms, especially those developed by nonjudicial agents such as legislatures.