The Constitutional Balance

Sir John Laws' commentary on the constitutional balance examines the relationship between constitutional fundamentals and values, including reason, fairness, and the presumption of liberty. He finds that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals, but that these fundamental values can compete with each other, giving rise to tensions within and between key state institutions. He draws on his life-long experience to explain how such a constitutional balance can be achieved.

Format: Unspecified
Length: 168 pages
Publication date: 30 November 2023
Publisher: Bloomsbury Publishing PLC

Sir John Laws has left a profound and timely commentary on one of the most pressing issues in the legal world today. The debate rages on whether judges should delve too deeply into issues of government policy, and if there are any limits on the power of the executive and legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society governed by the rule of law. Sir John delves into the intricate relationship between constitutional fundamentals and values. He uncovers the core ideals of reason, fairness, and the presumption of liberty embedded in the common law. He recognizes that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals.

The courts then interpret these laws, as Sir John aptly puts it, "The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]." These fundamental values can clash, creating tensions within and between key state institutions, particularly the executive and the judiciary. To ensure the proper functioning of the constitution, a constitutional balance between these institutions must be established. Each institution must understand the proper extent and limits of its authority, and the rule of law must be upheld.

Drawing on his extensive experience as a barrister, judge, and academic, Sir John elucidates in vibrant and engaging terms how such a constitutional balance can be achieved. He weaves together case law, learning, and personal anecdotes to provide a comprehensive understanding of the complex dynamics at play. His insights offer valuable guidance for navigating the delicate balance between the powers of the state and the protection of individual rights in a democratic society.

In conclusion, Sir John Laws' commentary on the constitutional balance is a valuable contribution to the ongoing discourse on the role of the judiciary in a democratic society. His insights shed light on the delicate balance between the powers of the state and the protection of individual rights. By examining the relationship between constitutional fundamentals and values, he provides a roadmap for achieving a constitutional balance that upholds the rule of law and ensures the proper functioning of our democratic institutions.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509974337