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In his 2019 Reith Lectures on the rise of law and decline of politics, Jonathan Sumption presents a thesis that, on its face, seems identical to that of J.A.G. Griffith's defence of the political constitution. Given the radical differences in their views on equality, democracy, and redistribution—with Griffith working in the tradition of democratic socialism espoused by the Webbs, Tawney and Laski, and Sumption expressing the libertarian philosophy underpinning Thatcherite policies—this is puzzling. This article sets their views in historical and political context and argues that the similarities are superficial, whereas the differences are profound. It then proceeds to show the weaknesses in Sumption's defence of his thesis. [ABSTRACT FROM AUTHOR]

The growth of constitutional democracy has been a remarkable feature of the last 30 years, but during the last decade it has suffered a dramatic decline. That decline is marked less by constitutional democracies being overthrown than by an increase in regimes that retain the formal institutional trappings while flouting the norms and values on which constitutional democracies are based. This process of constitutional degradation is the subject of two recent books that together present the most comprehensive evaluation available on the current state of constitutional democracy. In this review article, the findings and analysis presented in Graber, Levinson and Tushnet's Constitutional Democracy in Crisis? and Ginsburg and Huq's How to Save a Constitutional Democracy are examined and appraised. The article argues that solutions to the contemporary crisis cannot be found only by strengthening liberal institutions; to survive, constitutional democracy must also seek to reinvigorate its democratic aspirations. [ABSTRACT FROM AUTHOR]

Glossing a passage from Benjamin Constant's Reflections on Constitutions, this article first assesses the roles performed by silences, gaps, and abeyances in constitutional texts and then examines recent initiatives that seek to fill those silences. The initiatives to fill those silences are evaluated by contrasting three conceptions of modern constitutions: the constitution as a framework for continuing political negotiation, the constitution as an order of values, and the constitution as facilitator of an evolving administrative order. The first, the framework conception, highlights the importance of political practices and in particular of the deliberative role of the legislature, the second, the value order conception, accentuates the moral dimension of constitutions and promotes the judiciary's role as guardian of constitutional values, and the third, the administrative order conception, emphasizes technical efficacy and the key role of the executive in promoting a governmental agenda. The article concludes by raising questions about those recent approaches that seek the elimination of constitutional silences. [ABSTRACT FROM AUTHOR]