Review of The Challenges of Democracy and the Rule of Law, by Jonathan Sumption 

Abstract

This review of Lord Sumption's The Challenges of Democracy and the Rule of Law focuses on its author's attitude to legal and political constitutionalism. While a political constitutionalist at first blush, Lord Sumption not only sees an important, if limited, role for judicial enforcement of rights, but is also far more pessimistic about democracy than other political constitutionalists tend to be. At the same time, Lord Sumption is sceptical of courts, especially international ones. The problems he identifies are real, and need to be understood if they are to be addressed.

Keywords: United Kingdom, legal constitutionalism, political constitutionalism, human rights, European Court of Human Rights