The Nature of Constitutions and the Role of the Courts

Much contemporary debate centres on the respective roles of judges and politicians. Should constitutions empower courts to decide questions about human rights, or should such matters be settled by elected representatives? And should the core rules of democracy be shielded from manipulation by those in power?

These questions ultimately turn on how we understand the nature of constitutions themselves. Are constitutions primarily legal instruments that set the framework within which politics operates? Or are they fundamentally political in character, relying not only on laws but also on conventions and democratic practices upheld by politicians?

While this may sound abstract, the stakes are immediate and real. Ongoing debates about the future of the European Convention on Human Rights, the resilience of democratic institutions, and the risks posed by populist governments all hinge on these deeper constitutional questions.

Fresh light on these issues comes from a new book, Defending the Political Constitution. Our guest is Richard Bellamy, Professor of Political Science at University College London, who joins me to explore what it means to defend a political rather than legal vision of constitutionalism.

Mentioned in this episode:

• Defending the Political Constitution by Richard Bellamy.