The Nature Of Constitutions And The Role Of The Courts

UCL Uncovering Politics · Mar 5, 2026 · 46m

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…