The Classic Legal Tradition and Political Constitutionalism

Despite the warnings of famed political constitutionalists such as Griffith, Human Rights Law has become an orthodox component of the British Constitution, meaning that the judiciary is more powerful than it has ever been before. Political decisions that were once the prerogative of politicians have been passed into the hands of judges. In Scotland particularly, where the courts have the power to override parliamentary legislation, the Scottish constitution is beginning to resemble a legal constitution.

This paper will make a new case for curbing judicial power, but from the natural law perspective. Political constitutionalism and judicial scepticism are fields currently dominated by republicans such as Bellamy and socialists such as Griffith. However, this research will hopefully make political constitutionalism a more ecumenical affair, where judicial power can be critiqued from a traditionalist or socially conservative perspective.